9 CAR § 40-1016 – Driver’s license and insurance reimbursement programs for youth in out-of-home placement

(a)
1. (1) In accordance with Arkansas Code § 27-16-702(a)(1)(D), the Director of the Division of Children and Family Services may authorize an employee of the Department of Human Services or the foster parent to sign the youth’s application.
2. (2) The youth in out-of-home placement shall be able to meet all state requirements listed in Arkansas Code § 27-16-804 (restricted licenses, learner’s licenses, and intermediate licenses):
  1. (A) Be at least sixteen (16) years of age;
  2. (B) Have tested uncorrected visual acuity of at least 20/40 or 20/50 with corrective lenses;
  3. (C) Have tested field of vision of at least one hundred forty degrees (140˚) with two (2) functioning eyes or one hundred five degrees (105˚) with one (1) functioning eye; and
  4. (D) Be free of a serious accident and conviction of a serious traffic violation in the last twelve (12) months.
(b) In addition, the Division of Children and Family Services must be provided with the following information that will be used to determine whether the director will authorize an employee or foster parent to sign for a driver’s license for a youth in out-of-home placement:
1. (1) Delinquent acts and history of behavior;
2. (2) A minimum 2.0 [C] grade point average, or record of regular attendance and satisfactory progress in an adult education program, or documentation of compliance with an individual education plan;
3. (3) The Division of Children and Family Services review and acceptance of the driving history and record of violations over the last twelve (12) months;
4. (4) Placement stability;
5. (5) Enrollment of the youth in the Chafee Foster Care Transitional Youth Services by the FSW; and
6. (6) Other pertinent information deemed necessary.
(c) Driver’s license privilege.
1. (1)
  1. (A) Participating in the Division of Children and Family Services Foster Care Driver’s License Program and Driving Insurance Reimbursement Program is a privilege, not an entitlement, requiring compliance with both Arkansas state laws and Division of Children and Family Services policy.
  2. (B) Any youth, sixteen (16) years of age or older, who is in department custody, may request permission to obtain a driver’s license and be reimbursed for insurance.
  3. (C) Completion of a driver’s education course is not a requirement.
  4. (D) If a foster parent elects to have the youth participate in one, Division of Children and Family Services funds may be utilized to pay enrollment or tuition fees on a reimbursement basis.
2. (2) Youth who remain in care past the age of eighteen (18) years of age, do not need approval to apply for a driver’s license.
3. (3) In order to maintain the privilege of driving, the youth in out-of-home placement shall abide by the following:
  1. (A) Operate a motor vehicle on public streets and highways only when all passengers are wearing their seat belts;
  2. (B) Not use a cell phone or any other electronic device that may distract the driver; and
  3. (C) Not transport anyone under eighteen (18) years of age without licensed adult (twenty-one (21) years of age or older) supervision in the vehicle.
4. (4) The Division of Children and Family Services will monitor the following items when a youth in out-of-home placement has a driver’s license:
  1. (A) Youth’s driving record;
  2. (B) Youth’s behavior;
  3. (C) Youth’s school performance; and
  4. (D) Compliance with state law and the Division of Children and Family Services requirements as outlined above.
5. (5)
  1. (A) The director may cancel the authorization for the driver’s license.
  2. (B) State law permits the Arkansas Office of Driver’s Services to cancel, revoke, or suspend any learner’s permit or driver’s license upon request.
6. (6) If at any time, the youth in out-of-home placement no longer meets all of the state and Division of Children and Family Services requirements, the Division of Children and Family Services may take possession of the youth’s learner’s permit or driver’s license until all requirements are again met.
7. (7)
  1. (A) If a youth enters foster care with a valid learner’s permit or driver’s license from any state, maintaining possession of that license is subject to meeting all state and Division of Children and Family Services requirements.
  2. (B) The youth must complete the CFS-388: Application and Agreement to Participate in Division of Children and Family Services Foster Care Driver’s License Program with all of the required attachments indicating that the youth already has a driver’s license and submit the form, attachments as outlined above, and a copy of the driver’s license.
  3. (C) Upon review, the director or designee may determine that the youth can continue to drive and will authorize the youth to keep possession of the driver’s license.
  4. (D) If the director or designee denies the request to keep the driver’s license, the FSW shall obtain possession of the driver’s license and the youth will not be able to drive.
  5. (E) The Division of Children and Family Services will notify the appropriate state Office of Driver Services to cancel the driver’s license.
(d) Insurance reimbursement program for youth in out-of-home placement.
1. (1) Any motor vehicle a youth operates must be owned by the foster parent or the youth.
2. (2) A youth in out-of-home placement must be insured to drive a specific vehicle before he or she is allowed to operate that motor vehicle, and the youth must be included as a driver on the insurance policy for that specific vehicle.
3. (3) The insurance policy must meet minimum Arkansas motor vehicle liability standards or Division of Children and Family Services requirements, if higher, as determined by the Office of Chief Counsel.
4. (4)
  1. (A) The Division of Children and Family Services will reimburse foster parents for the actual amount of the additional cost of adding a specific youth in foster care as a driver on the insurance policy for a specific motor vehicle.
  2. (B) The foster parent must present documentation from the insurance company of the actual amount of the additional cost to qualify for reimbursement.
5. (5)
  1. (A) If the youth owns his or her own car, he or she must present documentation of the cost of the policy that insures them.
  2. (B) The Division of Children and Family Services will reimburse the youth for the actual amount of the insurance policy.
6. (6) All reimbursement requests will be reviewed and approved by the director or designee.
(e) Requirements for participation in the insurance reimbursement program.
1. (1)
  1. (A) The minimum requirements to participate in the Division of Children and Family Services Insurance Reimbursement Program are approval and permission to participate in the Driver’s License Program for youth in out-of-home placement.
  2. (B) When participating in the Insurance Reimbursement Program, the youth agrees to give the Division of Children and Family Services authority to:
(i) Take possession of their driver’s license;
1. (ii) Suspend driving and insurance reimbursement privileges; and
  1. (iii) Petition the Revenue Division for revocation of their driver’s license.
2. (2)
  1. (A) The Division of Children and Family Services will monitor the driving record, behavior, and school performance of all youth in department custody who have elected to participate in the Division of Children and Family Service Insurance Reimbursement Program.
  2. (B) If at any time, the youth no longer meets all of the state and the Division of Children and Family Services requirements, the Division of Children and Family Services may elect to discontinue reimbursing the foster parents or the youth for the actual costs of insuring the youth.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "09/2010"