§ 4226.6. Waiver of regulations.

 (a)  The Department may, upon application by a county MH/MR program and a showing of good cause as specified in subsection (b), waive specific requirements contained in this chapter if the waiver will not result in violation of another provision of Federal or State law and will not jeopardize receipt of Federal funding. A waiver may be granted only when the health, safety and well-being of infants and toddlers with disabilities and other children and their families and the quality of services are not adversely affected.

 (b)  The Department may waive one or more requirements of this chapter upon written request for a waiver from a county MH/MR program on a form prescribed by the Department, which includes:

   (1)  The specific regulatory sections for which a waiver is requested.

   (2)  A detailed description of the unusual or special circumstances that justify the waiver for the county MH/MR program.

   (3)  An explanation of how the county MH/MR program will ensure that the health, safety and well-being of infants and toddlers with disabilities and other children and their families will be protected if the waiver is granted.

   (4)  A description of how the county MH/MR program will meet the objective of the requirement in another way if the waiver is granted.

 (c)  A waiver granted under this section will be effective for a specified time period and may be revoked if the Department determines that the county MH/MR program has failed to comply with the conditions of the waiver.

 (d)  The purpose, applicability and definitions sections of this chapter may not be waived.



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