Section 400.9102. Rule variance.

(1) The department may grant a variance  from  an  administrative rule if all of the following provisions are satisfied:

(a)   The agency and the foster parent have reviewed and agreed with the request.

(b)   The agency requests the variance, in writing, from the department.

(c)    The proposed variance from the rule    assures   that    the   health,   care, safety, protection, and supervision of a foster child are maintained.

(2)   The decision of the department, including the conditions for which the variance is granted, shall be entered upon the records of the department and a signed copy shall be sent to the agency and the foster parent. The variance may be time-limited or may remain in effect as long as the foster parent continues to assure that the  health,  care, safety,  protection,  and supervision of foster children are maintained.

History: 1998-2000 AACS.