Motor Vehicle Operation by Youth in Foster Care 622-05-60

(Revised 7/23/2018 ML #3536)

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ND Department of Human Service personnel are not authorized to sign for a minor to secure a permit or driver’s license even though it is desirable and would provide normalcy for the foster child. However, NDCC §39-06-08 sets out conditions under which an application for an operator’s license on behalf of a minor can be made. The law provides the following: The application of any minor for an operator's license must be signed and verified before an individual authorized to administer oaths or the director, by the father, mother, or legal guardian, or if there is not a parent or legal guardian, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon an individual signing the application of a minor. If the father, mother, or legal guardian is unable to appear, a father, mother, or legal guardian may designate, through a notarized document, an individual temporarily authorized to sign the application.

 

In the event there is not a parent or guardian with legal custody of the child willing to assume responsibility on behalf of the child, another responsible adult; ex: the child’s relative, could sign the application and, in so doing, assume the obligation imposed under NDCC §39-06. With respect to the obligations assumed by a person signing an application on behalf of a minor, NDCC §39-06-09 provides the following: Any negligence of a minor when driving a motor vehicle upon a highway must be imputed to the person individual who has signed the application of the minor for an operator's license, or upon the father, mother, or legal guardian if signing authority has been temporarily transferred under section 39-06-08. This individual is jointly and severally liable with the minor for any damages caused by the negligence, except as provided in section 39-06-10.

 

NDCC §39-06-10 provides the following: If a minor provides proof of financial responsibility for the operation of a motor vehicle, then the director (NDDOT) may accept the application of the minor.

If an individual is willing to sign as the responsible party on the application for the foster child’s permit or driver’s license, the foster care case manager should:

  1. Involve the custodian and child’s parents in decision making.
    1. The child’s parent is the first resource to consider in terms of assuming responsibility and providing insurance coverage for the child while he/she is placed in foster care.
    1. In circumstances of long-term placement with little or no parental involvement, the custodial agency may review the risk and determine if the willing relative or foster parents are free to assume responsibility and provide the insurance coverage on behalf of the foster child.
  2. Review with the individual (ex: child’s relative or a foster parent) it is not an expectation to assume responsibility or provide insurance coverage for motor vehicle operation by a foster child.
  3. Encourage the individual to consult with their insurance agency and attorney before they assume responsibility and authorize for a minor to secure a motor vehicle license.
  4. Review with the individual the significant risk they are assuming.
    1. An individual signing the application may be liable for the youth’s negligence when they assume responsibility for the foster child’s actions by authorizing the minor to secure a driver’s license.
    2. The Department does not provide automobile insurance coverage to foster parents on behalf of foster children.
  5. Notify the person individual who has signed the application of a minor for a license that he/she may file a verified written request that the minor’s license be canceled at any time.
    1. NDDOT Director can cancel a license or permit of a minor and the individual who signed the application is relieved from the liability.
  6. The individual foster parent(s) may not assume this responsibility if the custodian or foster child’s parent(s) are opposed.