# TSP Exceptions & Waivers Hosted by: CDSS Community Care Licensing (https://www.cdss.ca.gov/inforesources/child-care-licensing) Presented by: CDSS Technical Support Program Date: 2024-04 ยท Length: 22:30 Web page: https://childcare.support/t/cdss-tsp-exceptions-waivers/ NOTE: Presented April 2024. Rules and deadlines may have changed since; check Rules & laws for the current version. ## What it is A recorded Technical Support Program webinar on when and how to ask the licensing office for a waiver or an exception to a regulation. ## 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. [presenter said at 00:03:43, not independently confirmed; presenter said at 00:04:05, not independently confirmed; presenter said at 00:07:16, not independently confirmed; presenter said at 00:07:30, not independently confirmed] - Only regulations can be waived, not laws or statutes. Requests must be in writing and approved before you change anything. [presenter said at 00:03:11, not independently confirmed; presenter said at 00:09:29, not independently confirmed; presenter said at 00:20:03, not independently confirmed] - A good request names the regulation, explains why, shows how health and safety stay protected, and is signed and dated. [presenter said at 00:09:59, not independently confirmed; presenter said at 00:10:04, not independently confirmed; presenter said at 00:14:29, not independently confirmed; presenter said at 00:15:14, not independently confirmed; presenter said at 00:15:21, not independently confirmed] ## 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. [presenter said at 00:09:29, not independently confirmed] - 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. [presenter said at 00:09:59, not independently confirmed; presenter said at 00:10:04, not independently confirmed; presenter said at 00:11:46, not independently confirmed; presenter said at 00:15:14, not independently confirmed; presenter said at 00:15:21, not independently confirmed] - For an exception, give the person's name, age, date of birth and any special characteristics. [presenter said at 00:11:30, not independently confirmed] - 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. [presenter said at 00:14:29, not independently confirmed; presenter said at 00:16:43, not independently confirmed; presenter said at 00:16:52, not independently confirmed] - 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. [presenter said at 00:16:06, not independently confirmed; presenter said at 00:17:16, not independently confirmed] ## 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. [presenter said at 00:01:38, not independently confirmed] - The presenters stressed the word "collaborative" in the licensing office's mission: an effective, collaborative regulatory enforcement system. [presenter said at 00:01:03, not independently confirmed] - The slides included a link to the laws and regulations, so providers can look up the program flexibility rules for their facility type. [presenter said at 00:01:58, not independently confirmed] ## Program flexibility - Program flexibility lets providers use other methods or procedures to meet the intent of a regulation. [presenter said at 00:02:31, not independently confirmed] - The alternative must meet or exceed the regulation's intent and must not harm anyone in care. [presenter said at 00:02:52, not independently confirmed] - Program flexibility works through waivers and exceptions, which apply only to regulations. Laws, codes and statutes cannot be waived. [presenter said at 00:03:02, not independently confirmed; presenter said at 00:03:11, not independently confirmed] ## 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. [presenter said at 00:03:43, not independently confirmed; presenter said at 00:04:05, not independently confirmed] - There has to be a regulation to waive. For example, a preschool-age child can be in any preschool classroom without a waiver. [presenter said at 00:04:19, not independently confirmed; presenter said at 00:04:37, not independently confirmed] - 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. [presenter said at 00:04:58, not independently confirmed; presenter said at 00:05:13, not independently confirmed; presenter said at 00:05:23, not independently confirmed] - 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. [presenter said at 00:05:52, not independently confirmed; presenter said at 00:06:27, not independently confirmed] ## 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. [presenter said at 00:07:16, not independently confirmed; presenter said at 00:07:30, not independently confirmed] - 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. [presenter said at 00:08:15, not independently confirmed; presenter said at 00:08:23, not independently confirmed] - 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. [presenter said at 00:08:34, not independently confirmed; presenter said at 00:09:10, not independently confirmed] ## What to include in a request - All requests must be in writing and approved before you change care or operations. [presenter said at 00:09:29, not independently confirmed] - 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. [presenter said at 00:09:59, not independently confirmed; presenter said at 00:10:04, not independently confirmed; presenter said at 00:10:18, not independently confirmed] - Not every regulation can be waived, and an incomplete request delays processing. [presenter said at 00:10:36, not independently confirmed; presenter said at 00:10:45, not independently confirmed] - 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. [presenter said at 00:11:30, not independently confirmed; presenter said at 00:11:46, not independently confirmed; presenter said at 00:12:18, not independently confirmed] ## Tips for writing requests - Say whether your plan affects other regulations. You can only carry out conditions written on the approved waiver or exception. [presenter said at 00:12:45, not independently confirmed; presenter said at 00:13:01, not independently confirmed] - If a consultant writes your request, you are still responsible for meeting the plan. [presenter said at 00:13:50, not independently confirmed] - For exceptions, ask everyone who shares responsibility for the person (family, physician, social worker and others) for input. [presenter said at 00:14:07, not independently confirmed] - Sign and date the request, state the regulation number, and explain how health, safety and rights stay protected. [presenter said at 00:14:29, not independently confirmed; presenter said at 00:15:14, not independently confirmed; presenter said at 00:15:21, not independently confirmed] - If you can't reach your LPA, contact your regional office and ask for the officer of the day. [presenter said at 00:16:06, not independently confirmed] ## Submitting a request - Submit by email, postal mail, or drop it off at the regional office. Protect any confidential information. [presenter said at 00:16:43, not independently confirmed; presenter said at 00:16:52, not independently confirmed] - It's fine to ask your LPA for a status update, but the presenter suggested allowing a few weeks for processing. [presenter said at 00:17:16, not independently confirmed] ## Approval, denial and re-evaluation - You get a written answer. An approval states how long it lasts, which varies by request and facility type. [presenter said at 00:17:27, not independently confirmed; presenter said at 00:17:32, not independently confirmed] - A denial fully explains why and may suggest another plan. [presenter said at 00:17:41, not independently confirmed] - 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. [presenter said at 00:17:59, not independently confirmed; presenter said at 00:18:05, not independently confirmed; presenter said at 00:18:10, not independently confirmed; presenter said at 00:18:21, not independently confirmed; presenter said at 00:18:26, not independently confirmed] - 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. [presenter said at 00:18:54, not independently confirmed; presenter said at 00:18:59, not independently confirmed; presenter said at 00:19:13, not independently confirmed; presenter said at 00:18:46, not independently confirmed] ## Basic facts - A waiver can sometimes be requested with a license application; ask your application analyst. [presenter said at 00:19:38, not independently confirmed; presenter said at 00:19:48, not independently confirmed] - The regional office or LPA cannot waive statutory requirements such as the Health and Safety Code. Every request is decided case by case. [presenter said at 00:20:03, not independently confirmed; presenter said at 00:20:07, not independently confirmed] ## Wrap-up - If your question wasn't answered, email TSP or contact your LPA or the officer of the day. [presenter said at 00:21:59, not independently confirmed] ## Sources - Official recording (YouTube): https://youtu.be/zPbfd0Kw_Lg Independent notes, not an official record of any agency, host or presenter. Check official sources before acting.