Nebraska Supreme Court



ACCESS TO DRIVER’S LICENSES FOR YOUTH IN CAREWhy is learning to drive and obtaining a driver’s license important for youth in care?For many, it is a rite of passage in the transition to adulthoodIt is a necessity for youth as they pursue their goals related to work and educationTransportation can provide more access to normalcy activities, putting youth in foster care on a more equal playing field with their peers so they do not face additional barriers due to system involvementWhat are the barriers for youth in foster care to accessing a driver’s license?The cost of driver’s education (estimated: $350) and other feesAn adult who is willing and able to supervise 50 hours of driving practice Access to a vehicle to take the road test or for practice hoursHelp studying for the driver’s examEven knowing what the process is to get a driver’s license or learner’s permit and navigating the bureaucracyHaving the necessary documents, including a certified birth certificate, social security number and proof of residence (these things are especially difficult for foster youth who have moved around a lot while in care)The cost of and access to car insurance Caregiver liability concernsLack of encouragement from caseworkers, caregivers and othersLEARNER’S PERMIT (Neb. Rev. Stat. § 60-4,123)PROVISIONAL OPERATOR’S PERMIT (POP) (Neb. Rev. Stat. § 60-4,120.01)OPERATOR’S LICENSE (Driver’s License)AGEAt least age 15At least age 16 but less than age 18 At least age 17 if held POP for 1 year (and not have 3 or more points in the last 12 months), otherwise age 18REQUIREMENTS & DOCUMENTATIONSuccessfully complete written examPossessed a learner’s permit for at least 6 month (and not have 3 or more points in the last 6 months)Completed driver’s safety course, written exam and driving test – OR proof of 50 hours of driving practice with licensed driver age 21 or olderIdentity Verification – with name and D.O.B. (e.g. certified birth certificate, valid operator’s license, valid passport or certain valid immigrations documents such as a Permanent Resident Card or Employment Authorization Card)“Principal Address Verification” - at least 2 documents are required (e.g., bank statement, paystub, any envelope that has been sent indicating a postmark or stamped date within the last 90 days, valid insurance card, Nebraska voter registration card, mortgage, lease or rental agreement) (Neb. Rev. Stat. § 60-484)Valid social security number (or show proof of exemption) If under age 18, must present a certified birth certificate or “other reliable proof of his or her identity and age” accompanied by a certificate signed by a parent or guardian explaining the inability to produce a birth certificate. (Neb. Rev. Stat. § 60-484(6)(b))RESTRICTIONSCan only drive if accompanied with a licensed driver, age 21 or olderCannot use communication devices while driving Unless accompanied by an adult – can only drive between 6 a.m .and 12 a.m. (unless travel to residence, work, school)Cannot use communication devices while drivingIn first 6 months not more than one passenger who is under age 19, unless immediate familyCOST(Neb. Rev. Stat. § 60-4,115)$8 fee, $2.50 surcharge$15 fee, $2.50 surcharge Between $7.50 and $16.50, $2.50 surchargeBARRIER: Required documentation Many youth in foster care do not have a certified copy of their birth certificate necessary to obtain a driver’s license. Existing state and federal law requires the Nebraska Department of Health and Human Services (DHHS) to provide youth with a certified copy of their birth certificate prior to aging out (at age 18 or 19 or 21 if they are in the B2I program). Neb. Rev. Stat. § 43-1311.03(9)(d), 42 U.S.C. § 675(5)(I). However, this is much later than most teenagers obtain their learner’s permits and driver’s licenses, which is inconsistent with the idea of “normalcy” and allowing youth in care to have similar experiences as non-system-involved kids. In addition, youth in foster care are often unable to provide address verification necessary to obtain a driver’s license because many don’t have a bank account or paystubs and, if they have had a recent placement change, they may not have any mail with their name showing their current address. SOLUTION: Attorneys can advocate for youth in foster care by requesting that DHHS provide them with their birth certificate sooner, so that they may obtain their learners permit or driver’s license while in care. Additionally, the DMV has a new policy to make address verification easier for foster youth under age 21. Foster youth may show proof of address with a court order or a letter from DHHS that verifies their status as a state ward and indicates the address of their placement (such as their foster home or group home). They must still provide two forms of address verification, such as mail sent to a caretaker at either the foster home or group home where they reside.BARRIER: Confusion around permission Existing DHHS regulations indicate the caseworker “may allow” a ward to obtain a license or permit “with the consent of the parent and caregiver.” 390 NAC 11-002.01F. However, this regulation has not been updated since the passage of the federal Preventing Sex Trafficking and Strengthening Families Act and is inconsistent with the state motor vehicle statute.SOLUTION: State motor vehicle statutes do not require permission of a parent or guardian for a minor to obtain a learner’s permit, POP or other operator’s license. Therefore, a minor in foster care does not need the signature of a parent, foster parent, or caseworker to get a permit or license at the DMV. A recent administrative memorandum dated December 20, 2016 indicates that the child and caseworkers “shall discuss the child’s maturity level and any other issues that could affect the child’s ability to safely drive” and document these issues in the child’s transitional living plan prior to driving a vehicle. BARRIER: Support from adults and caseworkers Because youth in foster care are state wards, there is often confusion among the various adults involved in their life about whose responsibility it is to assist the youth in obtaining a driver’s license. This can lead to young people not getting the assistance and support they need. SOLUTION: Caseworkers, foster parents and biological parents ALL have a role in helping youth access driver’s licenses to help them transition successfully to adulthood. CaseworkersAs stated above, the signature of a caseworker should not be required for a youth in foster care to get a license or permit. However, the caseworker has a duty to make sure youth in foster care obtain a driver’s license. Under federal and state law, DHHS must provide a child with a driver’s license or identification card and a certified copy of their child’s birth certificate and facilitate securing a social security card (if eligible) on or before the age of 18, 19 or 21 if the youth participates in the Bridge to Independence program. Neb. Rev. Stat. § 43-1311.03(9)(d), 42 U.S.C. § 675(5)(I).Foster parentsA signature from a foster parent is also not required for a youth in foster care to obtain a permit or license, but they can also play a role in assisting youth in obtaining a driver’s licenses. For example, foster parents can ensure that a child understands the importance of safe driving behavior. They may supervise a youth with a learner’s permit in obtaining 50 practice hours and may sign the DMV form to obtain a POP. A foster parent can also help the youth study for the written exam, lend their car to practice and take the driving exam, and can add them to their insurance policy. Under already existing law, the state provides foster parents with insurance for liability and property damage if they are sued. Neb. Rev. Stat. § 43-1320, 395 NAC 3-004.Biological parentsLearning to drive and getting a driver’s license is a significant milestone and responsibility for any youth, so biological parents should be consulted whenever possible and involved in this process as appropriate.BARRIER: Learning to drive while living in a group care setting Youth in foster care who are placed in settings such as group homes also should have access to normalcy activities such as driving, but may face additional barriers because they are not living in a family-like setting.SOLUTION: The federal Preventing Sex Trafficking and Strengthening Families Act and the Nebraska Strengthening Families Act supports the use of the “reasonable and prudent parenting standard” for all caregivers. The term “caregiver” means both a foster parent and also “a designated official at a child care institution in which a child in foster care has been placed.” Neb. Rev. Stat. § 43-4703, 42 U.S.C. § 675. Under these laws, “child care institutions” are group homes and other congregate care settings and such placements are required to provide access to normalcy to youth. Thus, youth in group home settings should be afforded the same opportunity to obtain a driver’s license as youth in family-like settings. BARRIER: Car insurance cost and access Access to car insurance is a significant barrier for youth in care, as many insurance companies may not be willing to enter into a contract with a minor. SOLUTION: Foster parents may put the youth on their insurance policy. ?This is likely to increase the premium, but foster parents may be able to apply their monthly foster care maintenance payment toward this cost. ?Alternatively, foster parents could ask the youth to contribute towards the increased cost of the premium if the youth is employed. ................
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