449.7 Waivers.
(a) In order to encourage the development of appropriate
programs that will enable foster youth to live on their own in the community, a
waiver of the provisions of this Part may be granted by OCFS to authorized
agencies which propose to operate or which operate supervised independent living
programs and supervised independent living units. Such waiver may be granted
only after an authorized agency has submitted to OCFS a plan which describes the
operation or proposed operation of the authorized agency's supervised
independent living program and demonstrates that granting the waiver will not
create any hazardous conditions which could impair the health or safety of the
youth, and OCFS has approved the waiver plan in writing.
(b) An authorized agency which operates a supervised
independent living program and which has applied for a waiver must comply with
the provisions of this Part until OCFS approves the requested waiver in writing.
(c) An authorized agency which does not operate a supervised
independent living program but proposes to do so subject to a waiver and which
submits a waiver plan to OCFS pursuant to this subdivision may not operate the
supervised independent living program or supervised independent living unit
until such waiver plan has been approved pursuant to this subdivision.