1. (a)

   1. (1) An important rite of passage for many young adults is learning to drive and earning their driver’s license.
   2. (2) The Division of Children and Family Services Foster Care Driving Program and Car Insurance Reimbursement Program provide a mechanism to support youth in foster care in achieving this milestone.

2. (b) Foster Care Driving Program.

   1. (1)

      1. (A) Any youth who is under eighteen (18) years of age and in Department of Human Services custody may apply for the Foster Care Driving Program once they are eligible for an instruction permit, learner’s license, or intermediate license pursuant to:

3. (i) Arkansas law; and

   1. (ii) Applicable rules promulgated by the Department of Finance and Administration.

      1. (B) Youth who are eighteen (18) years of age and older and participating in the Extended Foster Care Program do not have to apply to the Foster Care Driving Program to obtain their driver’s permit or license.

      2. (C) However, both populations shall be able to meet:

         1. (i) All state requirements listed in Arkansas Code § 27-16-804; and
         2. (ii) Any applicable rules promulgated by the Department of Finance and Administration.

   2. (2) For youth who are under eighteen (18) years of age in Department of Human Services custody, the following information will also be considered by the Transitional Youth Services (TYS) Program Manager or designee:

      1. (A) Behavior history and placement stability over the last six (6) months;

      2. (B)

         1. (i) For youth still in high school, current grade point average (GPA) and summary statement on recent academic performance and progress in school.
         2. (ii) There is not a minimum GPA requirement, but if a youth is currently struggling in school, there may need to be a plan built around how to support the youth in school and ensure that learning to drive or earning a license will not be a further distraction;

      3. (C)

         1. (i) Participation in Life Skills classes, either through the division or another provider, or explanation of why the youth does not currently participate in Life Skills.
         2. (ii) Youth who are not actively participating in Life Skills are still eligible for the Foster Care Driving Program;
      4. (D) Driving history and record of violations over the last twelve (12) months; and
      5. (E) Other pertinent information deemed necessary.

   3. (3) Following said review and in accordance with Arkansas Code § 27-16-702, the Director of the Division of Children and Family Services or designee may authorize an employee of the Department of Human Services or the resource parent to sign the application of a youth who is under eighteen (18) years of age and in the custody of the Department of Human Services for any of the following:

      1. (A) Driver’s license examination;
      2. (B) Instruction permit;
      3. (C) Learner’s license;
      4. (D) Intermediate driver’s license; or
      5. (E) Motor-driven or motorcycle license.

   4. (4)

      1. (A) Also pursuant to Arkansas Code § 27-16-702, for a person who is under eighteen (18) years of age in the custody of the Department of Human Services, any negligence or willful misconduct of the person when driving a motor vehicle upon a highway shall not be imputed to the authorized employee or authorized resource parent who signed the application of the minor for a permit or license.
      2. (B) The authorized employee or authorized resource parent shall not be held liable in conjunction with the minor for any damages caused by the negligence or willful misconduct of the minor.

   5. (5)

      1. (A) Completion of a driver’s education course for youth in Department of Human Services custody and participating in the Extended Foster Care Program is encouraged but not required.
      2. (B) Division funds may be utilized to pay enrollment and tuition fees directly to a program providing the driver’s education course or to a resource parent or other placement provider on a reimbursement basis provided all necessary documentation is provided.
   6. (6) In order to maintain the privilege of driving, youth in Department of Human Services custody shall abide by all Arkansas state laws pursuant to the permit or license type currently issued to that minor.

   7. (7) The division will monitor the following items when a youth in an 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 division requirements as outlined above.

   8. (8)

      1. (A) The director or designee may cancel the authorization for the driver’s license for youth who are under eighteen (18) years of age.
      2. (B) State law permits the Office of Driver Services to cancel, revoke, or suspend any learner’s permit or driver’s license upon request.
   9. (9) If at any time, a youth who is under eighteen (18) years of age in an out-of-home placement no longer meets all of the state and division requirements, the division may take possession of the youth’s learner’s permit or driver’s license until all requirements are again met.

   10. (10)

       1. (A) If a youth enters foster care with a valid learner’s permit or driver’s license from any state, the youth must complete the CFS-388: Application and Agreement to Participate in Foster Care Driving Program and Car Insurance Reimbursement Program.
       2. (B) The form will indicate that the youth already has a driver’s license and submit the form and a copy of the driver’s license.
       3. (C) Consideration will be given to encouraging the youth to apply for their Arkansas driver’s license depending on the dynamics of a youth’s case and expected time to reside in the State of Arkansas.

   11. (11)

       1. (A) Youth participating in the Foster Care Driving Program must immediately report any traffic ticket received or motor vehicle accident in which they are involved in as a driver to their resource parent or other placement provider, as applicable.

       2. (B) The youth or placement provider must:

          1. (i) Report any traffic ticket received by the youth, or motor vehicle accident in which the youth is involved, to the youth’s assigned FSW no later than twenty-four (24) hours following the incident; and
          2. (ii) Provide a copy of any ticket issued for any violation to the youth’s FSW.

       3. (C) The youth and their transitional team will schedule a time to discuss the incident to determine if any action needs to be taken following the ticket or at-fault accident (for example, participation in a driver’s education course or restricting driving privileges).

          1. (c) Car Insurance Reimbursement Program.
   12. (1) The Car Insurance Reimbursement Program exists to safely support youth in foster care as they work toward their driver’s license, which for many is a critical step to successfully transitioning to adulthood.

   13. (2)

       1. (A) A youth in an out-of-home placement, including any youth participating in the Extended Foster Care Program, must be:

          1. (i) Insured to drive a specific vehicle before they are allowed to operate that motor vehicle; and
          2. (ii) Included as a driver on the insurance policy for that specific vehicle.
       2. (B) The insurance policy must meet minimum Arkansas motor vehicle liability standards.

       3. (C) Any motor vehicle that a youth operates must be owned by the:

          1. (i) Resource parent; or
          2. (ii) Youth.

   14. (3)

       1. (A) The division will reimburse the resource 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, provided all necessary documentation is submitted by the resource parent for the reimbursement process.
       2. (B) This includes presenting documentation from the insurance company of the actual amount of the additional cost to qualify for reimbursement.

   15. (4)

       1. (A) If the youth owns their own car, they must present documentation of the cost of the policy that insures them.
       2. (B) The division will reimburse the youth for the actual amount of the insurance policy provided that all necessary documentation is submitted by the youth for the reimbursement process.

   16. (5) A car insurance reimbursement payment to a resource parent or a youth cannot be made without:

       1. (A)

          1. (i) Approval from the TYS Program Manager or designee, that the youth has been approved to participate in the division Car Insurance Reimbursement Program.
          2. (ii) Reimbursement will be made for either up to thirty (30) calendar days preceding this approval date or for the amount paid from the date the youth was added to an insurance policy, if that date is less than thirty (30) calendar days from the division central office approval date, unless extenuating circumstances apply as assessed by the TYS Program Manager or designee;
       2. (B) Legible copy of the insurance policy, premium notice that specifically lists the youth in foster care as a designated driver for a particular car, or both; and
       3. (C) Proof of payment of this amount.

   17. (6)

       1. (A) The division will monitor the driving record, behavior, and school performance, as applicable, of all youth in Department of Human Services custody or in the Extended Foster Care Program who have elected to participate in the division’s Car Insurance Reimbursement Program.
       2. (B) If at any time, the youth no longer meets all of the state and division requirements, the division may elect to discontinue reimbursing the resource parents or the youth for the actual costs of insuring the youth.

   18. (7)

       1. (A) Youth participating in the Car Insurance Reimbursement Program must immediately report any traffic ticket received or motor vehicle accident in which they are involved in as a driver to their Family Service Worker, as well as resource parent or other placement provider, as applicable.
       2. (B) A copy of any ticket issued for any violation will be requested by the FSW.
       3. (C) The youth and their transitional team will schedule a time to discuss the incident to determine if any action needs to be taken following the ticket or at-fault accident (for example, participation in a driver’s education course or discontinuing car insurance reimbursement).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "12/2022"