STATEMENT OF EMERGENCY

922 KAR 1:550E

 

††††† In accordance with KRS 13A.190(1)(a)3, this emergency administrative regulation is necessary to have in force and effect policies and procedures coinciding with the effective date of the 2017 Ky. Acts ch. 11. The new law allows for a child in the custody of the cabinet to pursue an operatorís permit and license by means other than the approval and signature of a parent or legal guardian. In addition, this emergency administrative regulation is necessary in accordance with KRS 13A.190(1)(a)1 to ensure adequate child safety measures, specifically the application of the reasonable and prudent parent standard in accordance with 2017 Ky. Acts ch. 11. An ordinary administrative regulation would not allow the agency to implement the policies and procedures to coincide with the effective date of the 2017 Ky. Acts ch. 11. This emergency administrative regulation shall be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.

 

MATTHEW G. BEVIN, Governor

VICKIE YATES BROWN GLISSON, Secretary

 

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Protection and Permanency

(New Emergency Administrative Regulation)

 

††††† 922 KAR 1:550E. Operatorís license for children in the custody of the cabinet.

 

††††† RELATES TO: KRS 186.450, 186.470, 186.480, 186.590, 199.011(3), (4), (15), 600.020(2), (52), 605.102, 42 U.S.C. 672, 675, 677

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 605.102(6)

††††† EFFECTIVE: June 29, 2017

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.102 authorizes the cabinet to promulgate an administrative regulation to implement a process utilizing the reasonable and prudent parent standard, in conjunction with the childís caregiver, to: (1) verify that a child in the custody of the cabinet is age or developmentally appropriate to apply for an operatorís license, motorcycle operatorís license, intermediate license, or instruction permit, and (2) request cancellation of a childís operatorís permit or license. This administrative regulation establishes the process for a child in the custody of the cabinet to apply for and obtain an operatorís permit or license.

 

††††† Section 1. Definitions. (1) "Age or developmentally appropriate" is defined by KRS 600.020(2).

††††† (2) "Cabinet" is defined by KRS 199.011(3) and 600.020(7).

††††† (3) "Caregiver" is defined by KRS 605.102(1).

††††† (4) "Child" is defined by KRS 199.011(4) and 600.020(9).

††††† (5) "Reasonable and prudent parent standard" is defined by 199.011(15) and 600.020(52).

 

††††† Section 2. Eligibility determination and application. (1) The cabinet and the childís caregiver shall use the reasonable and prudent parent standard to determine a childís readiness to obtain an operatorís license, motorcycle operatorís license, intermediate license, or instruction permit.

††††† (2) The cabinet shall form a team to include:

††††† (a) The child;

††††† (b) The childís caregiver or caregiver representative, including the childís foster parent if applicable; and

††††† (c) Another person involved with the child who shall assist the cabinet in making a determination whether the child is age or developmentally appropriate to obtain an operatorís license, motorcycle operatorís license, intermediate license, or instruction permit.

††††† (3) The childís team shall discuss the following to ascertain the childís readiness to obtain his or her instruction permit or operatorís license:

††††† (a) The childís understanding of the requirements to obtain an instruction permit or operatorís license;

††††† (b) The childís roles and responsibilities in meeting the operatorís permit or license requirements;

††††† (c) Liability and financial responsibilities;

††††† (d) Ongoing academic requirements;

††††† (e) Age and developmental level in accordance with KRS 605.102;

††††† (f) Placement history and current placement stability;

††††† (g) Previous driving history when applicable; and

††††† (h) Childís history of public charges.

††††† (4) The child shall:

††††† (a) Obtain a copy of his or her commitment order from cabinet staff or the court;

††††† (b) Complete the DPP-17, Readiness for Driving Agreement; and

††††† (c) Authorize the cabinet to request and inspect the childís driving record.

††††† (5) If a childís team determines that a child possesses the requisite skills and understanding of the responsibilities associated with obtaining an operatorís permit or license and operating a motor vehicle or motorcycle, the childís team shall allow the child to proceed with the application process.

††††† (6) Prior to a child proceeding to the circuit clerkís office to obtain his or her instruction permit, cabinet staff shall provide verification to the child on cabinet letterhead that the child is in foster care.

††††† (7) Any person who signs an operatorís permit or license application for a child shall be responsible in accordance with KRS 186.470 or 186.590.

††††† (8) A childís team shall develop a plan to assist a child in obtaining an operatorís permit or license in the future if:

††††† (a) The team determines that the child is not ready to apply; and

††††† (b) The barrier to obtaining an operatorís permit or license is within the ability of the child to correct.

 

††††† Section 3. Insurance. (1) A child in the custody of the cabinet shall:

††††† (a) Be added to his or her caregiverís insurance policy; or

††††† (b) Apply to obtain a non-owner insurance policy with the assistance of the cabinet to the extent that resources are available.

††††† (2) To the extent that funds are available, the cabinet shall:

††††† (a) Fund, in whole or part, a non-owner insurance policy for a child; or

††††† (b) Reimburse, in whole or part, a caregiver who has added a foster child to a vehicular insurance policy for the foster childís portion of the premium.

††††† (3) Any person who permits a minor under the age of eighteen (18) to drive his or her vehicle shall comply with KRS 186.590.

††††† (4) A child in the custody of the cabinet shall follow all procedures required by the insurance company during the application process.

 

††††† Section 4. Cancellation. (1) Cancellation of an operatorís license, motorcycle operatorís license, intermediate license, or instruction permit for a child in the custody of the cabinet shall be made in accordance with KRS 186.470 and 605.102.

††††† (2) A person who files the verified written request for cancellation of a childís operatorís license, motorcycle operatorís license, intermediate license, or instruction permit shall provide notice to the cabinet in accordance with KRS 186.470.

 

††††† Section 5. Incorporation by Reference. (1) "DPP-17, Readiness for Driving Agreement", 7/17, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

 

ADRIA JOHNSON, Commissioner

VICKIE YATES BROWN GLISSON, Secretary

††††† APPROVED BY AGENCY: June 7, 2017

††††† FILED WITH LRC: June 29, 2017 at 1 p.m.

††††† CONTACT PERSON: Tricia Orme, Administrative Specialist, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40621, phone 502-564-7905, fax 502-564-7573, email Tricia.Orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Persons: Elizabeth Caywood, (502) 564-3703, Elizabeth.Caywood@ky.gov; and Tricia Orme

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the process for a child in the custody of the cabinet to apply for and obtain an operatorís permit or license.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to implement 2017 Ky. Acts ch.11.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes by allowing children in the custody of the cabinet, who are age or developmentally appropriate, and who meet statutory requirements, to apply for and obtain their operatorís license.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the effective administration of the statutes through its establishment of a process for a child in the custody of the cabinet to apply for and obtain an operatorís permit or license in accordance with 2017 Ky. Acts ch. 11.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This is a new administrative regulation.

††††† (b) The necessity of the amendment to this administrative regulation: This is a new administrative regulation.

††††† (c) How the amendment conforms to the content of the authorizing statutes: This is a new administrative regulation.

††††† (d) How the amendment will assist in the effective administration of the statutes: This is a new administrative regulation.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect children in foster care who are sixteen (16) and seventeen (17) years of age and wish to obtain an operatorís permit or license. There are approximately 1,300 children age sixteen (16) and seventeen (17) years currently in the custody of the cabinet, though a percentage of the children will not seek an operatorís permit or license, will not meet statutory requirements regarding school attendance and academic achievement, or will not present as age or developmentally appropriate.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: A foster child will be required to undergo an assessment by the cabinet and the childís caregiver, the childís team, to determine whether the child is age or developmentally appropriate--measures commensurate with any parentís determination about a childís appropriateness to pursue an operatorís permit or license. The foster child will also be required to authorize the cabinet to request and inspect the childís driverís history.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): This administrative regulation does not directly impose any new costs on regulated entities. To the extent resources are available, the cabinet will absorb costs for children to obtain an operatorís permit or license and insurance.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Children in foster care will have a higher degree of normalcy as a result of this administrative regulation. Obtaining an operatorís permit or license could positively affect the foster children by allowing them to experience the same rites of passage as other children their age and to pursue academia and employment to support a smoother transition into, and greater self-sufficiency in, adulthood.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: Initial implementation costs to the administrating agency will be within existing appropriations.

††††† (b) On a continuing basis: Ongoing implementation of the administrative regulation by the agency will be within appropriations.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Federal Title IV-E (of the Social Security Act), including Chafee Foster Care Independence Program funds, and State General Funds are used for the implementation and enforcement of this administrative regulation.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There will be no increases in fees or funding necessary to implement this administrative regulation.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? Tiering is not applied, because this administrative regulation is applied in a like manner statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

††††† 1. Federal statute or regulation constituting the federal mandate. 42 U.S.C. 672, 675, 677

††††† 2. State compliance standards. KRS 194A.050(1), 605.102(6)

††††† 3. Minimum or uniform standards contained in the federal mandate. 42 U.S.C. 672, 675, 677

††††† 4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? This administrative regulation does not impose stricter requirements, additional or different responsibilities or requirements, than those required by the federal mandate.

††††† 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. This administrative regulation does not impose stricter requirements, additional or different responsibilities or requirements, than those required by the federal mandate.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Cabinet for Health and Family Services, the Kentucky Transportation Cabinet, and circuit clerks will be impacted by this administrative regulation.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 194A.050(1), 605.102(6), 42 U.S.C. 672, 675, 677

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation may generate revenue in the form of permit and license fees for youth who had previously been unable to obtain a permit or license prior to age 18.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation may generate revenue in the form of permit and license fees.

††††† (c) How much will it cost to administer this program for the first year? Initial implementation costs to the administrating agency will be within existing appropriations.

††††† (d) How much will it cost to administer this program for subsequent years? Ongoing implementation of the administrative regulation by the agency will be within appropriations.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: