Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.22-007 - Foster Care Driving Program and Car Insurance Reimbursement Program

Current through Register Vol. 49, No. 6, June, 2024
POLICY VI-Q: FOSTER CARE DRIVING PROGRAM AND CAR
				INSURANCE REIMBURSEMENT PROGRAM FOR YOUTH IN OUT-OF-HOME
				PLACEMENT
12/2022
An important rite of passage for many young adults is learning
				to drive and earning their driver's license. The Division of Children and
				Family Services (DCFS or Division) Foster Care Driving Program and Car
				Insurance Reimbursement Program provide a mechanism to support youth in foster
				care in achieving this milestone.
Foster Care Driving Program
Any youth who is under eighteen (18) years of age and in DHS
				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 Arkansas law and applicable rules promulgated by the Department of Finance
				and Administration. 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.
				However, both populations shall be able to meet all state requirements listed
				in A.C.A. §
								27-16-804 and any applicable rules
				promulgated by the Department of Finance and Administration.
For youth who are under eighteen (18) years of age in DHS
				custody, the following information will also be considered by the Transitional
				Youth Services (TYS) Program Manager or designee:
A. Behavior history and placement stability
			 over the last six (6) months;
B.
			 For youth still in high school, current grade point average (GPA) and summary
			 statement on recent academic performance and progress in school (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);
C. Participation in
			 Life Skills classes, either through DCFS or another provider, or explanation of
			 why the youth does not currently participate in Life Skills (youth who are not
			 actively participating in Life Skills are still eligible for the Foster Care
			 Driving Program);
D. Driving
			 history and record of violations over the last twelve (12) months;
			 and
E. Other pertinent information
			 deemed necessary.
Following said review and in accordance with A.C.A. §
								27-16-702, the DCFS Director or
				designee may authorize an employee of the department 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 (DHS) for any of the
				following:
A. Driver's license
			 examination;
B. Instruction
			 permit;
C. Learner's
			 license;
D. Intermediate driver's
			 license; or
E. Motor-driven or
			 motorcycle license.
Also pursuant to A.C.A. §
									27-16-702, for a person who is
				under eighteen (18) years of age in the custody of the department, 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. 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.
Completion of a driver's education course for youth in DHS
				custody and participating in the Extended Foster Care Program is encouraged but
				not required. DCFS 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.
In order to maintain the privilege of driving, youth in DHS
				custody shall abide by all Arkansas state laws pursuant to the permit or
				license type currently issued to that minor.
DCFS will monitor the following items when a youth in an
				out-of-home placement has a driver's license:
A. Youth's driving record;
B. Youth's behavior;
C. Youth's school performance; and
D. Compliance with state law and DCFS
			 requirements as outlined above.
The Division Director or designee may cancel the authorization
				for the driver's license for youth who are under eighteen (18) years of age.
				State law permits the Arkansas Department of Finance and Administration, Office
				of Driver Services to cancel, revoke, or suspend any learner's permit or
				driver's license upon request.
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 DCFS
				requirements, the Division may take possession of the youth's learner's permit
				or driver's license until all requirements are again met.
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. 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.
				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.
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. The youth or placement provider must 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 provide a copy of any ticket issued for
				any violation to the youth's FSW. 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).
Car Insurance Reimbursement Program
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.
A youth in an out-of-home placement, including any youth
				participating in the Extended Foster Care Program, must be insured to drive a
				specific vehicle before they are allowed to operate that motor vehicle, and the
				youth must be included as a driver on the insurance policy for that specific
				vehicle. The insurance policy must meet minimum Arkansas motor vehicle
				liability standards. Any motor vehicle that a youth operates must be owned by
				the resource parent or the youth.
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. This includes presenting documentation, from the
				insurance company, of the actual amount of the additional cost to qualify for
				reimbursement.
If the youth owns their own car, they must present
				documentation of the cost of the policy that insures them. 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.
A car insurance reimbursement payment to a resource parent or a
				youth cannot be made without:
A.
			 Approval from the TYS Program Manager or designee, that the youth has been
			 approved to participate in the DCFS Car Insurance Reimbursement Program.
			 (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 DCFS Central Office approval date, unless extenuating
			 circumstances apply as assessed by the TYS Program Manager or
			 designee);
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
C. Proof of payment of this amount.
The Division will monitor the driving record, behavior, and
				school performance, as applicable, of all youth in DHS custody or in the
				Extended Foster Care Program who have elected to participate in the Division's
				Car Insurance Reimbursement Program. If at any time, the youth no longer meets
				all of the state and DCFS requirements, the Division may elect to discontinue
				reimbursing the resource parents or the youth for the actual costs of insuring
				the youth.
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. A copy of
				any ticket issued for any violation will be requested by the FSW. 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).