In 2006 the Hawaii State Legislature passed a measure that allows the Department of Human Services (DHS) to sign the driver’s license application for any child in foster care qualified to apply for a driver’s license. You can download the bill, which was signed into law as Act 289 on July 7, 2006. We commend the DHS for their support of this bill that will give foster youth the opportunity to obtain a driver’s permit and license, regardless of the fact that they are in foster care.
There are a number of aspects of the new law that may affect foster parents.
If the foster child owns a car, the law requires that the birth parents of the child pay the costs of the child’s motor vehicle insurance. The law also establishes provisions for payment if the birth parents are unable to pay.
The law gives the Department immunity in the event that the foster child is involved in a motor vehicle accident, or a lawsuit arising as a result of the foster child’s driving. This immunity does not extend to the foster parent. There are several points that foster parents need to address before allowing their foster child to drive either their own vehicle if they own one, or the foster parent’s vehicle.
In the State of Hawaii, insurance follows the vehicle: it is the registered owner of the vehicle who is legally required to carry the insurance and is held liable for damages. If you plan to allow your eligible foster child to drive your car, one step you should take is to call your insurance company and add the new driver onto your policy as a member of the household.
If the vehicle is owned by the foster child (or by the foster child’s birth parents), liability may still fall to the foster parents since they are responsible for the supervision of the foster child. In the case where the State pays the premium, it is important to realize that the State will only pay for basic limits of liability ($20,000 limits), not generally considered a sufficient amount of insurance. Therefore, the foster parents may want to contribute to the child’s car insurance premium in order to increase the limits of liability. More insurance provides better protection for all parties involved.
Though this legislation does not require that foster parents allow foster children to drive the foster parents’ vehicles, it does, for the first time, make it possible for foster parents to support foster children in obtaining a driver’s license and learning to handle the responsibility of driving a car. Be sure to consult your insurance agent regarding appropriate coverage before your foster child starts driving.
