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

(Revised 6/1/22 ML #3677)

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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 child in foster care. 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 states: 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 to drive.

 

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.

 

Foster care providers must be supplied with a written notice conveying the policy concerning operation of motor vehicles by youth in foster care. This information is available on the CFS website as a brochure identified as “North Dakota Foster Care Driving” (DN 271). Foster care provider(s) will review the brochure at the time of initial licensure, renewal licensure, and as needed thereafter.

 

The foster care providers must sign an acknowledgment of receipt of the information related to policy on motor vehicle operation by youth in foster care. The acknowledgment is located in the licensing packet (SFN 1037).