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What you need › Webinar notes › CDSS Community Care Licensing

TSP Exceptions & Waivers

April 2024On-demand webinar22:30 long

Presented April 2024. Rules and deadlines may have changed since; check Rules & laws for the current version.

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A recorded Technical Support Program webinar on when and how to ask the licensing office for a waiver or an exception to a regulation.

Hosted by

CDSS Community Care Licensing

Presented by

CDSS Technical Support Program

Who it’s for

Child care centers

3 things to know

A waiver replaces a facility-wide regulation with another plan that meets its purpose. An exception covers one person and can't be transferred.
Only regulations can be waived, not laws or statutes. Requests must be in writing and approved before you change anything.
A good request names the regulation, explains why, shows how health and safety stay protected, and is signed and dated.

Do this

Before changing how you meet a regulation, send your LPA a written, signed and dated request that names the regulation, and wait for a written answer.

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What to do

Put every waiver or exception request in writing, and don't make any change to care or operations until it is approved.▶ 00:09:29
In the request, state the regulation number, explain why you need it, include supporting documents, and say how you'll keep protecting health, safety and rights.▶ 00:09:59
For an exception, give the person's name, age, date of birth and any special characteristics.▶ 00:11:25
Sign and date the request. Submit it by email, by mail, or in person at the regional office, and protect any confidential information in it.▶ 00:14:29
Give your LPA a few weeks to review before checking on the status. If you can't reach your LPA, call the regional office and ask for the officer of the day.▶ 00:17:14

Session notes

In the order it was presented. Open any part.

Welcome and mission

The webinar was meant for all facility types the licensing office oversees: child care centers, children's residential facilities, and adult and senior care facilities.▶ 00:01:38
The presenters stressed the word "collaborative" in the licensing office's mission: an effective, collaborative regulatory enforcement system.▶ 00:01:01
The slides included a link to the laws and regulations, so providers can look up the program flexibility rules for their facility type.▶ 00:01:58

Program flexibility

Program flexibility lets providers use other methods or procedures to meet the intent of a regulation.▶ 00:02:31
The alternative must meet or exceed the regulation's intent and must not harm anyone in care.▶ 00:02:52
Program flexibility works through waivers and exceptions, which apply only to regulations. Laws, codes and statutes cannot be waived.▶ 00:03:02

What a waiver is

A waiver is a request to replace a facility-wide regulation with another plan that still meets its purpose. It usually applies to the whole facility.▶ 00:03:43
There has to be a regulation to waive. For example, a preschool-age child can be in any preschool classroom without a waiver.▶ 00:04:19
Center example: the presenter said the rule is at least 75 square feet of outdoor space per child, based on licensed capacity. A center with a smaller yard could get a waiver to send smaller groups outside on a written playground schedule.▶ 00:04:58
Residential and senior care examples: meals prepared off-site by a food service contractor, and the common hospice waiver, which has its own regulation section.▶ 00:05:41

What an exception is

An exception is for one specific person, such as a child, client, resident or employee, and can never be transferred to someone else.▶ 00:07:16
Center example: a director can request an exception for someone enrolled in the coursework to become a qualified teacher. If granted, that person can act as a qualified teacher to help meet ratios.▶ 00:08:15
Other programs' examples: a social worker enrolled in a master's program, or a prospective administrator whose extra work experience substitutes for missing college education.▶ 00:08:34

What to include in a request

All requests must be in writing and approved before you change care or operations.▶ 00:09:29
A waiver request names the regulation, explains why you need it, and includes documentation, such as a copy of the play schedule for the playground example.▶ 00:09:59
Not every regulation can be waived, and an incomplete request delays processing.▶ 00:10:36
An exception request also needs the person's name, age, date of birth and special characteristics, plus supporting documents. Each program limits what it can grant exceptions to; ask your regional office or LPA.▶ 00:11:25

Tips for writing requests

Say whether your plan affects other regulations. You can only carry out conditions written on the approved waiver or exception.▶ 00:12:45
If a consultant writes your request, you are still responsible for meeting the plan.▶ 00:13:50
For exceptions, ask everyone who shares responsibility for the person (family, physician, social worker and others) for input.▶ 00:14:07
Sign and date the request, state the regulation number, and explain how health, safety and rights stay protected.▶ 00:14:29
If you can't reach your LPA, contact your regional office and ask for the officer of the day.▶ 00:16:03

Submitting a request

Submit by email, postal mail, or drop it off at the regional office. Protect any confidential information.▶ 00:16:43
It's fine to ask your LPA for a status update, but the presenter suggested allowing a few weeks for processing.▶ 00:17:11

Approval, denial and re-evaluation

You get a written answer. An approval states how long it lasts, which varies by request and facility type.▶ 00:17:27
A denial fully explains why and may suggest another plan.▶ 00:17:44
Reasons for denial include risk to health, safety or supervision; no support from the authorized representative; too little information; no showing that others in care won't be harmed; or the facility not being in substantial compliance.▶ 00:17:59
Waivers and exceptions are usually time-limited. If nothing significant has changed, they will likely be extended with a new time frame, at the regional office's or LPA's discretion. Re-evaluation varies by program.▶ 00:18:46

Basic facts

A waiver can sometimes be requested with a license application; ask your application analyst.▶ 00:19:41
The regional office or LPA cannot waive statutory requirements such as the Health and Safety Code. Every request is decided case by case.▶ 00:20:03

Wrap-up

If your question wasn't answered, email TSP or contact your LPA or the officer of the day.▶ 00:21:59

Links and what’s next

CDSS licensing laws and regulations▶ 00:01:58
Hospice waiver information (residential care for the elderly)▶ 00:06:38
TSP webpage, contact information and presentation▶ 00:21:39

Where this comes from

Written from the sources below. It is not an official record of any agency, host or presenter. Links like ▶ 00:41:10 jump to that moment in the recording. ✓ checked means an official source confirms it; ⚠ check means an official source seems to say something different. Everything else is as the presenter said it.

RecordingOfficial recording (YouTube) added 2026-09-23

Every fact and its source (59, 0 checked)

What was said	When	Checked?
The presentation is for all CCLD facility types: child care centers, children's residential, and adult and senior care facilities. tonight's presentation is intended for all CLD facility type Partners specifically Child Care Centers children's residential facilities adult care and Senior Care Facilities	▶ 00:01:38	as said Something wrong?
CCLD's mission is to promote health, safety and quality of life through an effective, collaborative regulatory enforcement system. mission is to promote the health safety and quality of life of each person in Community Care through the administration of an effective collaborative regulatory enforcement system	▶ 00:01:03	as said Something wrong?
Program flexibility allows alternative concepts, programs, services, procedures, techniques or methods to meet the intent of the regulations. program flexibility allows providers to consider the use of alternative Concepts programs Services procedures techniques or methods to meet the intent of the regulations	▶ 00:02:31	as said Something wrong?
Alternatives must meet or exceed the intent of a regulation and not create a negative impact on those in care. the Alternatives must meet or exceed the intent of a regulation and not create a negative impact to those in care	▶ 00:02:52	as said Something wrong?
Program flexibility is achieved through the exception and waiver process. program flexibility is achieved through the exception and waver process	▶ 00:03:02	as said Something wrong?
Waivers and exceptions apply to regulations only; codes, statutes and laws cannot be waived. waivers and exceptions apply to regulations only codes statutes laws cannot be waved	▶ 00:03:11	as said Something wrong?
A waiver is a request to vary a facility-wide regulation by replacing it with an alternate plan that still meets its purpose. if a provider requests a variance to a facility-wide regulation by replacing it with an alternate plan which still meets the purpose of that regulation then it is a waiver request	▶ 00:03:43	as said Something wrong?
Waivers typically apply to the facility, and all those in care benefit. waivers typically apply to the facility and all those in care benefit from the waved regulation	▶ 00:04:05	as said Something wrong?
There must be a regulation to request a waiver. yes there does need to be a regulation	▶ 00:04:19	as said Something wrong?
A preschool-age child can be in any preschool classroom without a waiver. as long as the child was preschool age they could be in any preschool classroom and did not need a waiver for that	▶ 00:04:37	as said Something wrong?
Child care centers must have at least 75 square feet of outdoor activity space per child, based on total licensed capacity (as the presenter said). there shall be at least 75 square feet per child of outdoor activity space based on the total license capacity	▶ 00:04:58	as said Something wrong?
A center whose outdoor space is too small for its capacity could get a waiver to let smaller groups play outside. a waiver could be granted to allow smaller groups of children to play outside rather than than the entire group	▶ 00:05:13	as said Something wrong?
The provider would need to create a playground schedule. the provider would need to create a playground schedule	▶ 00:05:23	as said Something wrong?
A common waiver in senior care facilities is the hospice waiver, which has its own regulation section. a common waiver request in senior care facilities is a hospice waiver request the waiver is so common that it has its own regulation section	▶ 00:06:27	as said Something wrong?
An exception is a specific exception to a rule or regulation for a particular individual, such as a child, client, resident or employee. making a specific exception to the rule or regulation for a particular individual such as a child client resident or an employee	▶ 00:07:16	as said Something wrong?
An exception can never be transferred to another person. an exception can never be transferred to another person	▶ 00:07:30	as said Something wrong?
A child care center director may request an exception for someone enrolled in the coursework to be a qualified teacher. a Child Care Center Director May request an exception for an individual who is enrolled in the proper coursework to be a qualified teacher	▶ 00:08:15	as said Something wrong?
If the exception is granted, the person may act as a qualified teacher to help with ratio needs. if the exception is granted the person may act as a qualified teacher to help with ratio needs	▶ 00:08:23	as said Something wrong?
In children's residential programs, a social worker enrolled in a master's program can act as a qualified social worker with an exception. a social worker who is currently enrolled in the Masters program can act as a qualified social worker with an exception in place	▶ 00:08:34	as said Something wrong?
In adult and senior care, an exception can let a prospective administrator's excess work experience substitute for missing college education. allow their excess work experience to substitute for the lack of college education	▶ 00:09:10	as said Something wrong?
All requests must be submitted in writing and approved before implementing any changes to care or operations. all requests must be submitted in writing and all requests must be approved before implementing any changes to care or operations	▶ 00:09:29	as said Something wrong?
A waiver request must be tied to a regulation, which should be included. there must be a regulation Associated to the request so remember to include it	▶ 00:09:59	as said Something wrong?
The request should explain why you need a waiver and include documentation. the request should talk about the why why you need a waiver include documentation	▶ 00:10:04	as said Something wrong?
For a playground schedule waiver, include a copy of the play schedule. be sure to include a copy of the play schedule	▶ 00:10:18	as said Something wrong?
Not all regulations can be waived. not all regulations can be waved	▶ 00:10:36	as said Something wrong?
An incomplete request delays processing. sending in an incomplete request will delay the processing of the request	▶ 00:10:45	as said Something wrong?
An exception request must give the individual's name, age, date of birth and special characteristics. the name age date of birth and special characteristics of the individual	▶ 00:11:30	as said Something wrong?
Exception requests must include supporting documents. you also must provide supporting documents	▶ 00:11:46	as said Something wrong?
A provider can only implement conditions specifically written on the waiver or exception. a provider can only Implement conditions that have been specifically written on the waiver or exception	▶ 00:13:01	as said Something wrong?
If the plan affects other regulations, include that in the request. does your plan impact other regulations if so include that in your request	▶ 00:12:45	as said Something wrong?
If someone else writes your waiver or exception, you are responsible for meeting the plan. if you are purchasing an exception or waiver written by someone else you are responsible for meeting the plan put forward	▶ 00:13:50	as said Something wrong?
For exceptions, request input from all persons and agencies who share responsibility for the individual. always request input for all persons and agencies who share responsibility for the child	▶ 00:14:07	as said Something wrong?
Include a signature and a date on the request. make sure you include a signature and a date	▶ 00:14:29	as said Something wrong?
State the regulation number in the request. make sure to State the regulation you'd be surprised how many requests don't include a regulation number	▶ 00:15:14	as said Something wrong?
Include what you are doing to ensure health, safety and rights continue to be protected. include what you are doing to ensure the health safety and rights of individuals	▶ 00:15:21	as said Something wrong?
If you can't reach your LPA, contact the regional office and ask for the officer of the day. contact your regional office and request to speak to the officer of the day	▶ 00:16:06	as said Something wrong?
Requests can be submitted by email, postal mail, or dropped off at the regional office. you can submit your documentation by email postal mail or drop them off to the regional office	▶ 00:16:43	as said Something wrong?
Requests may contain confidential information that should be protected. your request may contain confidential information so be mindful to protect the information	▶ 00:16:52	as said Something wrong?
Consider giving the LPA a few weeks of processing time before checking on status. consider giving them a few weeks of processing time	▶ 00:17:16	as said Something wrong?
Providers can expect a written response to a waiver or exception request. providers can expect a written response to their waiver or exception request	▶ 00:17:27	as said Something wrong?
An approval includes the period of approval, which varies by request and program or facility type. if approved the waiver or exception will include the period of approval which varies depending on the nature of the request and the program or facility type	▶ 00:17:32	as said Something wrong?
A denial includes a full explanation and may include a recommended alternative plan. if the request is denied there will be a full explanation of the basis for denial and may include a recommended alternative plan	▶ 00:17:41	as said Something wrong?
A request may be denied if it would risk health and safety or minimize supervision. it would risk the health and safety of individuals in care or minimize the supervision of individuals	▶ 00:17:59	as said Something wrong?
A request may be denied if there is not enough information to base a decision on. there might not be enough information provided upon which to base a decision	▶ 00:18:10	as said Something wrong?
A request might be denied if the facility is not in substantial compliance with the regulations. if the facility is not currently in substantial compliance with the regulations then the request might be denied	▶ 00:18:26	as said Something wrong?
Waivers and exceptions are typically granted for a specific period of time. waivers and exceptions are typically granted for a specific period of time	▶ 00:18:54	as said Something wrong?
If nothing significant has changed, a waiver or exception will likely be extended at the regional office's or LPA's discretion. if no significant changes have occurred in the circumstances or conditions of the currently approved waiver or exception it likely will it will likely be extended at the discretion of the roor	▶ 00:18:59	as said Something wrong?
A provider may ask for a waiver when applying for a license. a provider may ask for a waiver when they apply for a license	▶ 00:19:38	as said Something wrong?
Work with your application analyst to see if a waiver can be submitted with the application. work with your application analyst to see if they can submit a waiver at the same time of application	▶ 00:19:48	as said Something wrong?
The regional office or LPA cannot waive statutory requirements such as health and safety codes. they cannot wave any statutory requirements such as health and safety codes	▶ 00:20:03	as said Something wrong?
All waiver and exception requests are evaluated case by case. all requests for waivers and exceptions are evaluated on a caseby casee basis	▶ 00:20:07	as said Something wrong?
Unanswered questions can go to TSP by email, or to your LPA or the officer of the day. if we do not get to your question email us or contact your LPA or the officer of the day	▶ 00:21:59	as said Something wrong?
The slides link to the laws and regulations for each facility type. we are providing everyone with a link to laws and regulations	▶ 00:01:58	as said Something wrong?
A request may be denied if it is not supported by the authorized representative or individual. the request is not supported by the authorized representative or individual	▶ 00:18:05	as said Something wrong?
A request may be denied if documentation doesn't show others in care would not be adversely affected. documentation fails to demonstrate that other individuals in care would not be adversely affected	▶ 00:18:21	as said Something wrong?
If extended, the regional office or LPA updates the waiver or exception with a new time frame. the RO or LPA will update the waiver or exception and give you a new time frame	▶ 00:19:13	as said Something wrong?
Each program has limits on what it can grant exceptions to; contact your regional office or LPA with questions. each program has limitations and what they can grant exceptions to contact your Ro or LPA if you have questions	▶ 00:12:18	as said Something wrong?
Re-evaluation of waivers and exceptions may vary by program; check your facility-specific regulations. the re-evaluation of waivers and exceptions may vary by program so check your facility specific regulations	▶ 00:18:46	as said Something wrong?
Residential providers may seek a waiver to use third-party food service providers who prepare meals off site. third-party food service providers who prepare meals offsite	▶ 00:05:52	as said Something wrong?