Section 3490.5. Waivers

(a) A waiver of a requirement of this chapter may be requested as specified in procedures published by the Department.

(b) A waiver may be granted by the Department if the waiver:

(1) Does not alter the applicability, scope or purpose of this chapter.

(2) Is based on evidence, supplied by the requesting county agency, that the objective of the requirement will be achieved in another way.

(3) Is based on evidence, supplied by the requesting county agency, that a waiver will have no adverse effect on the health, safety and rights of children.

(4) Does not violate or condone noncompliance with Federal statutes or regulation or State statutes.

(5) Does not jeopardize receipt of Federal moneys.

(c) Except as provided in section 6361 of the CPSL (relating to organization for child protective services), the Department may not waive the requirement that the county agency is the sole civil agency responsible to receive and investigate reports of suspected child abuse and receive and assess reports of suspected neglect.

(d) A county agency requesting a waiver shall continue to comply with the requirements of this chapter until a waiver is granted.

The provisions of this § 3490.5 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.