No. 32182 (New Rule): R512-309. Out-of-Home Services, Foster Parent Reimbursement of Motor Vehicle Insurance Coverage for Youth in Foster Care

DAR File No.: 32182
Filed: 12/01/2008, 01:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this proposed new rule is to implement changes in legislation passed during the FY 2008 legislative session specific to foster reimbursement of motor vehicle insurance coverage for youth in foster care (H.B. 122). (DAR NOTE: H.B. 122 (2008) is found at Chapter 314, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

This proposed new rule establishes eligibility requirements, a method for determining the amount of reimbursement for foster parents, and the responsibility of Child and Family Services to foster parents regarding motor vehicle insurance coverage for youth in foster care.

State statutory or constitutional authorization for this rule:

Sections 31A-22-302, 31A-22-304, 41-12a-301, 62A-4a-121, 62A-4a-102, 53-3-211, and 78A-6-105

Anticipated cost or savings to:

the state budget:

Enactment of this rule (required by H.B. 122) will require an appropriation of $9,000 in fiscal year 2009 from General Funds to Child and Family Services to reimburse foster parents for automobile insurance for youth in custody.

local governments:

There will be no cost or savings to local government because this rule does not apply to local government.

small businesses and persons other than businesses:

There will be no cost or savings to small businesses and persons other than businesses because it was determined that this rule does not apply to small businesses and persons other than businesses.

Compliance costs for affected persons:

There will be no compliance costs for affected persons because affected persons must first pay the costs, but will be reimbursed the costs by Child and Family Services.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no cost or savings on businesses because it was determined that this rule does not apply to businesses. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Carol Miller at the above address, by phone at 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2009

This rule may become effective on:

01/21/2009

Authorized by:

Duane Betournay, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-309. Out-of-Home Services, Foster Parent Reimbursement of Motor Vehicle Insurance Coverage for Youth in Foster Care.

R512-309-1. Purpose and Authority.

(1) The purpose of this rule is to establish parameters and a process in which Child and Family Services may, within amounts appropriated for this specific purpose, reimburse a foster parent for providing owner's or operator's security covering a youth in foster care's operation of a vehicle if the youth is in the legal custody of Child and Family Services.

(2) Section 62A-4a-121 provides Child and Family Services the authority to provide reimbursement to a foster parent who is willing to provide motor vehicle insurance for a youth in their care to operate a motor vehicle.

(3) This rule is authorized by Section 62A-4a-102.

 

R512-309-2. Definitions.

(1) The following terms are defined for the purposes of this rule:

(a) "Child and Family Services" means the Division of Child and Family Services.

(b) "Foster parent" means a licensed resource family, also known as a licensed foster family, and may also include a licensed kinship provider. Foster parent does not include a group home or residential facility that provides Out-of-Home Services under contract with Child and Family Services.

(c) "Guardianship" has the same meaning as defined in Section 78A-6-105.

(d) "Minor" has the same meaning as defined in Section 53-3-211.

(e) "Owner's or operator's security" is described in Section 41-12a-301.

 

R512-309-3. Eligibility Requirements.

(1) The child has been placed in the home of a foster parent who is receiving a foster care maintenance payment from Child and Family Services.

(2) Obtaining a driver's license is an objective of the Child and Family Plan that has been developed for the youth with Transition to Adult Living Services.

(3) The foster parent is willing to assume the responsibility for signing as the responsible adult for a youth in foster care to receive a driver's license under Section 53-3-211.

(a) The foster parent is willing to provide the minimum insurance coverage for the youth as described in Section 31A-22-304.

(b) The foster parent will sign a liability waiver in case they do not sustain the automobile insurance.

(c) The foster parent will ensure that the vehicle in which they have insured the youth is in good operating condition.

(4) The foster parent has full knowledge that by signing to be that responsible adult, the foster parent is jointly and severally liable with the minor for civil compensatory damages caused by the minor when operating a motor vehicle upon the highway as provided under Subsections 53-3-211(2) and (4).

(a) The foster parent's liability may not exceed the greater of the minimum liability insurance policy limits established under 31A-22-304 or the policy limits of the foster parent's liability insurance policy issued in accordance with Section 31A-22-302 that were in effect at the time damages were caused by the minor's operation of a motor vehicle.

(5) The foster parent who signs the application of a minor for a provisional license must certify that the minor applicant, under the authority of a permit issued, has completed at least 40 hours driving in a motor vehicle, of which at least 10 hours shall be during night hours after sunset.

 

R512-309-4. Method for Determining Amount of Reimbursement for a Foster Parent.

(1) In accordance with 62A-4a-121, Child and Family Services may reimburse a foster parent for providing owner's or operator's security covering a youth's operation of a motor vehicle in amounts required under Section 31A-22-304 if the youth is in the legal custody of Child and Family Services. Reimbursement will be limited to the minimum liability insurance policy limits established under 31A-22-304.

(a) As allowed within the amounts appropriated to Child and Family Services for this purpose, Child and Family Services will reimburse the additional cost of the insurance premium for a youth when the foster parent has met the eligibility requirements.

(i) The foster parent will submit to Child and Family Services a current and valid statement from the insurance company that will identify the actual cost of providing insurance coverage for the youth in foster care.

 

R512-309-5. Child and Family Services Responsibility to Foster Parent.

(1) Child and Family Services will notify the Driver License Division of a request that the permit or license of the youth be cancelled when a person who has signed the application makes a written request to Child and Family Services that the permit or license of a youth in foster care be cancelled.

(2) Child and Family Services will verify to the foster parent upon cancellation of the permit or license for the youth that they are relieved from liability for that youth operating a motor vehicle subsequent to the cancellation.

 

KEY: child welfare, foster care

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 31A-22-302; 31A-22-304; 41-12a-301; 62A-4a-121; 62A-4a-102; 53-3-211; 78A-6-105