A waiver can be requested if the economic impact of complying with a minimum standard is great enough to make compliance impractical.

A variance can be requested if the family is able to meet the purpose of a minimum standard in a different way.

DFPS Rules, 40 TAC §745.8303

The FAD worker may submit waiver and variance requests to Residential Child Care Licensing (RCCL) on behalf of all foster and adoptive home applicants and verified or approved homes (related, unrelated, and fictive kin).

The FAD worker submits waiver and variance requests for relative and fictive kin caregivers before verification.

RCCL reviews and processes each waiver or variance request on a case-by-case basis. Waivers and variances cannot be granted if child safety will be negatively impacted.

RCCL's authority to grant waivers and variances is limited to Minimum Standards and does not extend to RCCL's general rules in 40 TAC Chapter 745. For example, RCCL may grant a variance request for the minimum standard governing bedroom space requirements if child safety is not negatively impacted; however, RCCL will not consider a waiver or variance request on background check rules because those rules are in Chapter 745, not any of the Minimum Standards rules chapters to which RCCL's waiver and variance authority extends. RCCL cannot grant any waiver or variance that conflicts with a requirement in state statute.

Waivers and variances often come with conditions.

DFPS Rules, 40 TAC §745.8313

RCCL can amend or revoke any waiver or variance that has been granted if:

 •   it presents risk to children;

 •   the circumstances that supported it have changed;

 •   Foster and Adoptive Home Development (FAD) or the home failed to meet the conditions; or

 •   RCCL and FAD agree to an alternative time limit or conditions.

DFPS Rules, 40 TAC §745.8317