Foster Youth Driver's License Act Exposed

The Foster Youth Driver's License Act is a draft model policy considered by ALEC's Health and Human Services Task Force at the Annual Meeting in July 2017. As of August 7, 2017 it is not known whether this model policy was approved by the ALEC Board of Directors.

ALEC Bill Text

Summary

This act will allow a minor who is in the custody of the Department to apply for a drivers permit or driver’s license without requiring them to have a parent’s or other adult’s signature on the permit or license applications.

Model Legislation

Section 1. Title.

This Act shall be known as the Foster Youth Driver’s License Act.

Section 2. Purpose.

The Foster Youth Driver’s License Act allows for Foster Youth to apply for a motor vehicle permit or license at the age of sixteen (16) years, or eighteen (18) years of age for a motorcycle permit.

Section 3. Definitions.

“Department” means the secretary for the Department or equivalent agency that governs the state Foster Care program.

Section 4. The Foster Youth Driver’s License Act

A person who is at least sixteen (16) years of age may apply for an instruction permit to operate a motor vehicle. A person who possesses a valid intermediate motor vehicle operator’s license or a person who is at least eighteen (18) years of age may apply for an instruction permit to operate a motorcycle. A holder of either a motor vehicle or motorcycle instruction permit may also operate a moped under that permit. A person applying for an instruction permit under this section shall make application in the office of the circuit clerk in the county where the person lives. A person applying for an instruction permit shall be required to comply with the following: (a) If the person is under the age of eighteen (18) the instruction permit application shall be signed by the applicant’s parent or legal guardian. If the person does not have a living parent or does not have a legal guardian, the instruction permit application shall be signed by a person willing to assume responsibility for the applicant; [and] (b) If the person is under the age of eighteen (18) and in the custody of the Department, the instruction permit application shall be signed by:

Section 1.

1. The applicant’s parent, legal guardian, grandparent, adult sibling, aunt, or uncle if the parental rights have not been terminated. 2. The foster parent with whom the applicant resides; 3. Another person who is at least age eighteen (18) and is willing to assume responsibility for the applicant; or 4. The applicant, without another person, upon verification by the Department in accordance with Section 4 of this Act that shall include proof of financial responsibility in 4 accordance with subsection (2) of Section 3 of this Act; and (c) All applicants for an instruction permit shall comply with the examinations required by the Department of Public Works.

(2) If an applicant successfully passes the examinations required the applicant shall be issued an instruction permit upon payment fee required by the state.

(3)

(a) An instruction permit to operate a motor vehicle shall be valid for three (3) years and may be renewed. An instruction permit to operate a motorcycle shall be valid for one (1) year and may be renewed one (1) time.

(b) A person who has attained the age of sixteen (16) years and is under the age of eighteen (18) years shall have the instruction permit a minimum of one hundred eighty (180) days before applying for an intermediate license and shall have an intermediate license for a minimum of one hundred eighty (180) days before applying for an operator’s license.

(c) A person who was under eighteen (18) years of age at the time of application for an instruction permit and is eighteen (18) years of age or older shall have the instruction permit a minimum of one hundred eighty (180) days and complete a driver training program before applying for an operator’s license.

(d) A person who is at least eighteen (18) years of age and is under the age of twenty-one (21) years at the time of application for an instruction permit shall have the instruction permit a minimum of one hundred eighty (180) days before applying for an operator’s license.

(e) A person who is at least twenty-one (21) years of age at the time of application for an instruction permit shall have the instruction permit a minimum of thirty (30) days before applying for an operator’s license.

(f) A person whose motorcycle instruction permit has expired may apply to the circuit clerk to receive a motorcycle operator’s license or endorsement if the person presents proof of successful completion of a motorcycle safety education course approved by the Department of Public Safety.

(4)

(a) A person shall have the instruction permit in his or her possession at all times when operating a motor vehicle, motorcycle, or moped upon the highway.

(b) When operating a motor vehicle, a motor vehicle instruction permit holder shall be accompanied by a person with a valid operator’s license who is at least twenty-one (21) years of age occupying the seat beside the operator at all times.

(c) The requirements of paragraph (b) of this subsection shall not apply to a motor vehicle instruction permit holder being supervised on a multiple-vehicle driving range by a driver training instructor affiliated with a driver training school or a public or nonpublic secondary school.

(5) A person with an instruction permit who is under the age of eighteen (18) shall not operate a motor vehicle, motorcycle, or moped between the hours of 12 midnight and 6 a.m. unless the person can demonstrate good cause for driving, including but not limited to emergencies, involvement in school-related activities, or involvement in work-related activities.

(6) Except when accompanied by a driver training instructor affiliated with a driver training school or a public or nonpublic secondary school, a person with an instruction permit who is under the age of eighteen (18) years shall not operate a motor vehicle at any time when accompanied by more than one (1) unrelated person who is under the age of twenty (20) years. A peace officer shall not stop or seize a person nor issue a uniform citation for a violation of this subsection if the officer has no other cause to stop or seize the person other than a violation of this subsection. This subsection shall not apply to any operator of a vehicle that is engaged in agricultural activities.

(7) A violation under subsection (4), (5), or (6) of this section, a conviction for a moving violation for which points are assessed by the Department, or a conviction shall add an additional minimum of one hundred eighty (180) days from the date of the violation before a person who is under the age of eighteen (18) years may apply for an intermediate license to operate a motor vehicle, motorcycle, or moped.

(8) A person under the age of eighteen (18) who accumulates more than six (6) points against his or her driving privilege may have the driving privilege suspended or probated by the court.

(9) An applicant for relicensing after revocation shall pay the clerk a fee determined by the state. The fee shall not apply to any person whose license was suspended for failure to meet the conditions when, within one (1) year of suspension, the driving privileges of such individuals are reinstated and persons reinstated.

Section 2.

(1)

(a) Except as provided in paragraphs (b) and (c) of this subsection, the application of any minor under the age of eighteen (18) for an operator’s license, motorcycle operator’s license, intermediate license, or any instruction permit shall not be granted unless the application is signed by a parent or legal guardian of the applicant. Regardless of which parent or guardian signs the application,

both parents shall be responsible.

(b) The application of a minor who is under the age of eighteen (18) and in the custody of the Department shall be signed by:

1. The applicant’s parent, legal guardian, grandparent, adult sibling, aunt, or uncle if the parental rights have not been terminated;

2. The foster parent with whom the applicant resides;

3. Another person who is at least age eighteen (18) and is willing to assume responsibility for the applicant pursuant to Section 3 of this Act; or

4. The applicant, without another person, upon verification by the Department in accordance with Section 4 of this Act that shall include proof of financial responsibility in accordance with subsection (2) of Section 3 of this Act.

(c) If the minor does not have a father, mother, or guardian, and has not applied under paragraph (b) of this subsection, an operator’s license, intermediate license, or instruction permit shall not be granted to the minor unless his or her application is signed by a person willing to assume the obligation upon a person signing the application of a minor.

(d) A signature shall not be required in the case of the renewal of a minor’s license but the signature on the original application shall continue to make the parent, guardian, or other person liable on all renewals of the minor’s license until he or she reaches the age of eighteen (18) unless the license, or any renewal thereof, is canceled as provided in subsection (3) of this section.

(2) The application shall include parental consent or the minor’s consent for the receipt and release of the information regarding the attendance and academic requirements for a minor to acquire and keep an operator’s license, intermediate license, instructional permit, or privilege to operate a motor vehicle.

(3)

(a) A parent or a guardian of a minor applicant, or a person who signed for a minor applicant under subsection (1)(b) or (1)(c) of this section, may file with the cabinet a verified written request that the license of the minor be canceled. A minor’s foster parent shall share a request made in accordance with this paragraph with the Department.

(b) A representative of the Department for Health and Family Services may file with the cabinet a verified written request that the license of a minor child in the custody of the Department be canceled.

(c) Upon the filing of a request under paragraph (a) or (b) of this subsection,[Thereupon] the license of the minor shall be canceled and any[the] person who signed the application shall be relieved as to subsequent acts of the minor from the liability.

(4) [The cabinet ]Upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license, the cabinet shall have the license canceled and no new license shall be issued to the minor until a new application, signed and verified, is made as required by this section.

Section 3.

(1) Any negligence of a minor under the age of eighteen (18) who has been licensed upon an application, when driving any motor vehicle upon a highway, shall be imputed to the person who signed the application, if required, of the minor for the license. That person shall be jointly and severally liable with the minor for any damages caused by the negligence.

(2) If a minor deposits or there is deposited in his or her behalf, a proof of financial responsibility in form and amounts, the person who signed the application shall not, while such proof is maintained, be subject to the liability imposed by subsection (1). If the minor is the owner of a motor vehicle, the proof of financial responsibility shall be with respect to the operation of that motor vehicle; if not an owner, then with respect to the operation of any motor vehicle.

(3) Every motor vehicle owner who causes or knowingly permits a minor under the age of eighteen (18) to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to the minor shall be jointly and severally liable with the minor for damage caused by the negligence of the minor in driving the vehicle.

Section 4.

(1) For the purposes of this section, “caregiver” has the same meaning as in 42 U.S.C. sec. 675(10)(B).

(2) In accordance with 42 U.S.C. sec. 671, a caregiver shall use the reasonable and prudent parent standard to determine whether to allow a child in the custody of the Department to participate in an age or developmentally appropriate extracurricular, enrichment, or social activity.

(3) A caregiver shall not be liable as a result of the caregiver’s approval of the participation of a child who is in the custody of the Department in an age or developmentally appropriate activity, so long as the caregiver acts in accordance with the reasonable and prudent parent standard. No provision in any agreement between the Department and a caregiver shall diminish the standard of care as set forth by this statute. (4) Nothing in this section is intended to abrogate or diminish the immunities of a Department official acting in the course and scope of the Department official’s employment or create a legal duty on the part of a Department official.

(5) The Department, in conjunction with the child’s caregiver, shall utilize the reasonable and prudent parent standard to:

(a) Verify that a child is in the custody of the cabinet and is age or developmentally appropriate to apply for an operator’s license, motorcycle operator’s license, intermediate license, or any instruction permit in accordance with Section 1 or 2 of this Act; or

(b) Request that a child’s operator’s license, motorcycle license, intermediate license, or any instruction permit be cancelled in accordance with Section 2 of this Act.

(6) The cabinet shall promulgate an administrative regulation to implement subsection (5) of this section.

[Section 5. Repealer Clause]

[Section 6. Severability Clause]

[Section 7. Effective Date]