Appendix 5000-1 Reviewing Waiver and Variance Requests

Appendix 5000-1A Guidance on Reviewing Day Care Waiver or Variance Requests

December 2020

The sections listed below refer to common waiver and variance requests that CCR receives. Within each section is guidance regarding what types of documentation may be needed and what information to consider when evaluating a request for a waiver or variance.

5000-1A.1 Director Qualifications for Licensed Child Care Centers, School-Age Programs, and Before- or After-School Programs

5000-1A.2 GED or High School Diploma

5000-1A.3 No Fence Around Playground or Yard

5000-1A.4 No Hand-Washing Sink in the Diaper-Changing Area

5000-1A.1 Director Qualifications for Licensed Child Care Centers, School-Age Programs, and Before- or After-School Programs

December 2020

Conditions

CCR staff must be able to monitor and enforce the conditions. CCR staff must specify exactly what is needed to meet minimum standards and a timetable or plan for achieving it. Consequently, the operation must document progress toward meeting the applicable standard and make the documentation available for CCR’s review.

Example

This variance applies only to [insert name of director] while working towards compliance with the standard. The director must complete six college credit hours of Business Management. The operation must provide proof of enrollment in courses to your CCR inspector and proof of successful completion before the expiration date of this variance. Business Management includes any administrative or supervisory course and may include a child development course, such as administration of a child care operation. Accounting, goal and objective setting performance, planning and evaluation, and so on, all count towards business credit.

Documentation in CLASS in Director/Administrator Section

5000-1A.2 GED or High School Diploma

December 2020

Conditions

CCR staff must be able to monitor and enforce conditions. The caregiver must show progress toward meeting the standard (course attendance, proof of taking tests and completion of GED or high school), and this must be documented for review by CCR.

Employees 18 years of age and in high school but not in a work-study program should not be counted in the child caregiver ratio unless another qualified adult not counted in ratio is present and available to assist. CCR staff should consider additional training hours.

Example

This variance pertains only to [insert name of person] while he or she works toward compliance with the standard. [Insert name of person] will attend and participate in GED classes and take the GED examination. Progress for the GED must be maintained and be documented for review by your CCR monitoring inspector. The operation must submit proof of successful completion of the GED to the CCR monitoring inspector no later than [insert date]. This variance will not be renewed.

5000-1A.3 No Fence Around Playground or Yard

December 2020

Documentation Needed

• Drawings with measurements
• Photos of the area
• Outdoor floor plan
• Description, photos or video of surrounding areas

Considerations

• What is the fiscal impact to the operation if the operation must comply (if a waiver is being requested)?
• Can children be supervised adequately enough to assure their safety?
• Are there things (temporary barriers, and so on) that can be effectively used to enclose the area?
• Is there an absence of hazards (traffic, ditches, creeks, and so on) immediately surrounding the area?
• Is there a limit on the amount of time the area will be unfenced (such as, while they build a new playground, or get enough money for a fence)?
• How was the fence damaged (e.g., natural disaster, event outside of the operation’s control)?

Conditions

CCR staff must be able to monitor and enforce conditions. Conditions should specify what steps the operation will take to assure the children’s safety. The expiration date of the waiver should allow for assessment of changing conditions (such as an increase in traffic in a previously rural area) or agreed-on date of compliance.

Examples

This waiver only applies to [operation name]. The director must ensure employees follow plan to place cones out for psychological boundaries before children go outside. The director must ensure that there is only one group on the playground at a time.

The operation must be able to show progress toward installation of a fence no later than three weeks before expiration of the waiver. The fence must be installed and ready for use by the expiration date of this waiver. This waiver will not be renewed.

5000-1A.4 No Hand Washing Sink in the Diaper Changing Area

December 2020

Documentation Needed

• Drawings of floor plan with measurements or photos
• Written plan that outlines how the operation will ensure minimum standards for washing hands are met

Considerations

• What is the operation’s plan for ensuring caregivers and children wash hands after each diaper change?
• Can the operation get a portable sink so a waiver or variance is not needed?
• If the request is for a waiver, what is the fiscal impact to the operation if they are required to install a sink?
• What is the operation’s plan for ensuring that all children are supervised at all times?

Conditions

CCR staff must be able to monitor and enforce conditions. Conditions should specify what steps the operation will take to assure the children’s health and supervision and that the minimum standard must be met by the expiration date of the waiver or variance.

CCR staff must observe hand washing and diaper changing procedures.

Example

This waiver only applies to [operation name and specific classroom]. The operation must develop and provide CCR with a plan that, at minimum, addresses how caregivers will ensure that caregivers and children wash their hands promptly after each diaper change and how children will be supervised at all times. The handwashing sink used for diaper changing may not be in the same area that food is prepared.

Appendix 5000-1B: Guidance on Reviewing Residential Child Care Waiver or Variance Requests

March 2002

When assessing the following types of waiver or variance request, certain information should be considered, along with sufficient documentation to verify information when appropriate.

See:

5000-1B.1 GED or High School Diploma

5000-1B.2 Extending a Child’s Stay

5000 1B.3 Medical Exam Within 30 Days

5000-1B.4 Foster Home Ratios

5000-1B.5 Children Younger Than Five Years in a Foster Group Home

5000-1B.6 Children of the Opposite Sex Sharing a Bedroom

5000-1B.1 GED or High School Diploma

November 2008

Waiver or Variance Considerations

Licensing staff must be able to monitor and enforce conditions. Documentation must specify what steps will be taken toward meeting educational requirements. Course attendance, documentation proving successful completion of GED tests, and earning a GED or high school diploma must be available for review by Licensing.

Example

The variance pertains only to [insert name of person] while he completes the remaining two out of three GED exams to meet compliance with minimum standards. Documentation of his GED class enrollment and successful completion of the GED program must be maintained in the personnel record. [Insert name of person] must submit proof of successful completion of the GED to the Licensing representative no later than two months from this date. The variance will expire on [insert date].

5000-1B.2 Extending a Child’s Stay

November 2008

Documentation Needed

• Reason for need to extend the child’s stay

Consideration

• Is this in the best interest of the child?
• Are there other viable options?

Conditions

Licensing staff must be able to monitor and enforce conditions. Conditions should be stated so that the operation’s compliance can be monitored.

Example

This variance only applies to Child A for this placement. The variance expires when Child A is discharged or by [insert date], whichever occurs sooner. The operation will maintain contact with Licensing regarding the status of the potential placement plans.

5000-1B.3 Medical Exam Within 30 Days

November 2008

Documentation Needed

• Reason additional time is requested

Considerations

• Does the child have any special health needs?
• What is the child’s age?

Conditions

Licensing staff must be able to monitor and enforce conditions. Conditions should be stated so that the operation’s compliance can be monitored.

Example

This variance only applies to [insert child’s first name and the last name’s initial] in the home of [insert names of caregivers]. The child must receive medical care as needed for illness or injury. This variance expires [insert date] or when a medical exam has been obtained for the child, whichever is sooner.

5000-1B.4 Foster Home Ratios

November 2008

Documentation Needed

• Reason for request

Considerations

• What is the operation’s compliance history?
• Is there support available for the foster parents?
• What is in the best interest of the child?
• Is the child related to one or more other children in care?

Conditions

Licensing staff must be able to monitor and enforce conditions. Conditions should be stated so that the operation’s compliance can be monitored.

Example

This variance only applies to [insert child’s first name and the last name’s initial] in the home of [insert names of caregivers]. Arrangements for respite will be made if the foster parents feel they need it. The CPA will conduct monthly home visits while the variance is in effect. The CPA must provide services in accordance with the Minimum Standards for Child-Placing Agencies.

5000-1B.5 Children Younger Than Five Years in a Foster Group Home

November 2008

Documentation Needed

• Reason for request

Considerations

• What is the operation’s compliance history?
• Is the child related to one or more other children already in care?
• What is in the best interest of the child?

Conditions

Licensing staff must be able to monitor and enforce conditions. Conditions should be stated so that the operation’s compliance can be monitored. Licensing staff may consider reducing the home’s capacity while the variance is in effect.

Example

This variance only applies to [insert child’s first name and the last name’s initial] in the home of [insert names of caregivers]. The variance expires when the child is adopted or otherwise discharged or on [insert date], whichever is sooner. No additional placements may be made while the variance is in effect.

5000-1B.6 Children of the Opposite Sex Sharing a Bedroom

November 2008

Documentation Needed

• Reason for request

Considerations

• What is the operation’s compliance history?
• Do one or more of the children have identified special needs?
• What is in the best interest of the children?
• What are the ages of the children the request is for?
• Are the children related?

Conditions

Licensing staff must be able to monitor and enforce conditions. Conditions should be stated so that the operation’s compliance can be monitored.

Example

This variance only applies to [insert child’s first name and the last name’s initial] in the home of [insert names of caregivers]. The home will develop and follow a written plan for supervision.

Appendix 5000-2 Licensing Fees

February 2020

The table below describes Licensing fee invoicing. This includes when an invoice is created, payment is due and consequence for not paying a fee on time. For further information, see 5200 Fees.

Appendix 5000-3 Invoice Cancellation Reasons

February 2020

The chart below outlines which invoices may be canceled, the cancellation options for each, and who may cancel the invoice.