RELATES TO:
KRS
186.450,
186.470,
186.480,
186.590,
199.011(3), (4),
(15),
600.020(2),
(52),
605.102,
42 U.S.C.
672,
675,
677
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary of the Cabinet for Health and Family Services to promulgate,
administer, and enforce those administrative regulations necessary to implement
programs mandated by federal law or to qualify for the receipt of federal funds
and necessary to cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
605.102 authorizes the cabinet to promulgate
an administrative regulation to implement a process utilizing the reasonable
and prudent parent standard, in conjunction with the child's caregiver, to: (1)
verify that a child in the custody of the cabinet is age or developmentally
appropriate to apply for an operator's license, motorcycle operator's license,
intermediate license, or instruction permit, and (2) request cancellation of a
child's operator's permit or license. This administrative regulation
establishes the process for a child in the custody of the cabinet to apply for
and obtain an operator's permit or license, cancellation of an operator's
permit or license of a child in the custody of the cabinet, and service
complaints.
Section 1. Definitions.
(1) "Age or developmentally appropriate" is
defined by
KRS
600.020(2).
(2) "Cabinet" is defined by
KRS
199.011(3) and
600.020(7).
(3) "Caregiver" is defined by
KRS
605.102(1).
(4) "Child" is defined by
KRS
199.011(4) and
600.020(9).
(5) "Reasonable and prudent parent standard"
is defined by 199.011(15) and 600.020(52).
Section 2. Eligibility determination and
application.
(1) The cabinet and the child's
caregiver shall use the reasonable and prudent parent standard to verify a
child's readiness to obtain an operator's license, motorcycle operator's
license, intermediate license, or instruction permit.
(2) The cabinet shall form a team to include:
(a) The child;
(b) The child's caregiver or caregiver
representative, including the child's foster parent if applicable;
and
(c) Another person involved
with the child who shall assist the cabinet in verifying whether the child is
age or developmentally appropriate to obtain an operator's license, motorcycle
operator's license, intermediate license, or instruction permit.
(3) The child's team shall discuss
the following to ascertain the child's readiness to obtain his or her
instruction permit or operator's license:
(a)
The child's understanding of the requirements to obtain an instruction permit
or operator's license;
(b) The
child's roles and responsibilities in meeting the operator's permit or license
requirements;
(c) Liability and
financial responsibilities;
(d)
Ongoing academic requirements;
(e)
Age and developmental level in accordance with
KRS
605.102;
(f) Placement history and current placement
stability;
(g) Previous driving
history when applicable; and
(h)
Child's history of public charges.
(4) The child shall authorize the cabinet to
request and inspect the child's driving record.
(5) If a child's team verifies that a child
possesses the requisite skills and understanding of the responsibilities
associated with obtaining an operator's permit or license and operating a motor
vehicle or motorcycle, the child's team shall allow the child to proceed with
the permit or license application process.
(6) Prior to a child proceeding to the
circuit clerk's office to obtain his or her instruction permit, cabinet staff
shall provide verification to the child on cabinet letterhead that the child is
in foster care.
(7) Any person who
signs an operator's permit or license application for a child shall be
responsible in accordance with
KRS
186.470 or
186.590.
(8) A child's team shall develop a plan to
assist a child in obtaining an operator's permit or license in the future if:
(a) The team verifies that the child is not
ready to apply; and
(b) The barrier
to obtaining an operator's permit or license is within the ability of the child
to correct.
Section
3. Insurance.
(1) A child in the
custody of the cabinet shall:
(a) Be added to
his or her caregiver's insurance policy; or
(b) Apply to obtain an insurance policy with
the assistance of the cabinet to the extent that resources are
available.
(2) To the
extent that funds are available, the cabinet shall:
(a) Fund, in whole or part, an insurance
policy for a child; or
(b)
Reimburse, in whole or part, a caregiver who has added a foster child to a
vehicular insurance policy for the foster child's portion of the
premium.
(3) Any person
who permits a minor under the age of eighteen (18) to drive his or her vehicle
shall comply with
KRS
186.590.
(4) A child in the custody of the cabinet
shall follow all procedures required by the insurance company during the
application process.
Section
4. Cancellation.
(1)
Cancellation of an operator's license, motorcycle operator's license,
intermediate license, or instruction permit for a child in the custody of the
cabinet shall be made in accordance with
KRS
186.470 and
605.102.
(2) A person who files the verified written
request for cancellation of a child's operator's license, motorcycle operator's
license, intermediate license, or instruction permit shall provide notice to
the child's cabinet worker or the local office of the Department for Community
Based Services charged with the child's case management in accordance with
KRS
186.470.
Section 5. Service Complaint. A foster child
may file a service complaint in accordance with 922 KAR
1:320.
