Or. Admin. R. 411-346-0210 - Variances

(1) The Department may grant a variance to these rules based upon a demonstration by a foster provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or rights of a child or violate state or federal laws.

(2) A foster provider requesting a variance must submit a completed ODDS Variance Request (form 6001) to their CDDP., The completed variance request (form 6001) must contain all of the following:

(a) The section of the rule from which the variance is sought.

(b) The reason for the proposed variance.

(c) The alternative practice, service, method, concept, or procedure proposed.

(d) If the variance applies to the services of a child, evidence that the variance is consistent with the child's currently approved ISP.

(3) Within 30 days from receipt of the variance request (form 6001), the CDDP must indicate their recommendation to approve or deny the proposed variance and forward the signed variance request (form 6001) to the Department.

(4) The request for a variance is approved or denied by the Department. The Department's decision is sent to the foster provider, the CDDP, and all relevant Department programs or offices within 30 days from the Department's receipt of the variance request.

(5) Within 30 days from receipt of a denial, a foster provider may request an administrative review by sending a written request for review to the Department's Director and a copy of the request to the certifying agency. The decision of the Director is the final response from the Department.

(6) The Department determines the duration of the variance.

(7) Granting a variance does not set a precedent that must be followed by a child placing agency when evaluating subsequent requests for variances.

(8) A foster provider may implement a variance only after written approval from the Department.

Notes

Or. Admin. R. 411-346-0210

MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01; Renumbered from 309-046-0210, SPD 34-2004, f. 11-30 04, cert. ef. 1-1-05; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13; APD 46-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 24-2024, amend filed 05/31/2024, effective 6/1/2024

Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & 443.835

Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662 & 443.830-443.836