Sec. 10. (a) If the department determines that a waiver or variance expiring under section 9 of this chapter will continue to serve the public interest, the department may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to promote statewide practices and to protect the rights of persons affected by this chapter.
(b) Before taking an action under subsection (a), the department may require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form specified by the department.
(2) Provide the information required by the department.
(c) Except for a variance or waiver of a rule governing foster family homes, before taking an action under subsection (a), the department must obtain the approval of the fire prevention and building safety commission for the action if either of the following occurs:
(1) The fire prevention and building safety commission substantially changes a building rule or fire safety rule affected by the waiver or variance after the date the commission last approved the waiver or variance.
(2) The department substantially modifies any part of a waiver or variance that conflicts with a building rule or fire safety rule adopted by the fire prevention and building safety commission.
As added by P.L.145-2006, SEC.273.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 27. Child Services: Regulation of Residential Child Care
Chapter 2. General Powers and Duties of the Department
31-27-2-1. Duties of Department of Child Services
31-27-2-2. Powers of Department
31-27-2-3. Foster Family Home Application Fee Prohibition
31-27-2-4. Rules; Establishment of Standards
31-27-2-5. Monitoring of Licensed Entities
31-27-2-6. Investigation of Complaints
31-27-2-7. Child Caring Institutions and Group Homes Operated by Churches and Religious Ministries
31-27-2-8. Granting of Variances and Waivers
31-27-2-9. Expiration of Variances and Waivers
31-27-2-10. Renewal of Variances and Waivers
31-27-2-11. Revocation of Variances and Waivers
31-27-2-12. Statement of Rights and Responsibilities of Foster Parent