13.9 Driver Education and Licensure | CWS
Georgia Division of Family and Children Services |
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Chapter: |
(13) Independent Living Program |
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Policy Title: |
Driver Education and Licensure |
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Policy Number: |
13.9 |
Previous Policy Number(s): |
1012.11, 1012.12, 1012.13, 13.8 |
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Effective Date: |
July 2024 |
Manual Transmittal: |
Codes/References
O.C.G.A. § 40-5-20 License Required; Surrender of Prior Licenses; Local License Prohibited
O.C.G.A. § 40-5-22 Persons not to be Licensed, Minimum Ages for Licensees
O.C.G.A. § 40-5-24 Instruction Permits; Graduated Licensing and Related Restrictions
O.C.G.A. § 40-5-26 Applications of Minors
O.C.G.A. § 49-5-8 Powers and Duties of the Department
Title IV-E of the Social Security Act § 475(5)(I)
Georgia Department of Driver Services 375-3-1-.34 Applications of Minors
Teenage and Adult Driver Responsibility Act (TADRA)
Public Law (PL) 109-13 Real ID Act of 2005
PL 113-183 Prevent Sex Trafficking and Strengthening Families Act of 2014
Requirements
The Division of Family and Children Services (DFCS) will:
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Obtain written consent prior to youth under the age of 18 in foster care seeking a driver’s license or taking a community-based driver’s education course, as follows:
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If the youth is in the temporary custody of DFCS, from the youth’s parent/guardian/legal custodian;
If the parent/guardian/legal custodian cannot be located obtain consent from the County Director in the county that has legal custody of the youth. -
If the youth is in the permanent custody of DFCS, from the County Director in the county that has legal custody of the youth.
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Assist youth in obtaining the documentation needed for driver’s education or licensure.
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Ensure that youth in foster care who are obtaining a driver’s license adhere to the Teenage and Adult Driver Responsibility Act (TADRA) and Joshua’s Law.
Methods for complying with Joshua’s Law may be found in the Parent/Teen Driving Guide at dds.georgia.gov/document/publication/40-hour-parent-teen-driver-guide/download or dds.georgia.gov. -
Verify that any personal vehicle that a youth under age 18 in foster care will be driving (including for instructional or practice experience) is insured, and that the youth’s name appears on the insurance declaration. Obtain a copy of the insurance declaration that includes the youth’s name as a driver.
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Review the Acknowledgement of DFCS Driving Policy for Youth in Care with the youth’s caregiver:
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Inform them that DFCS assumes no responsibility or liability caused by allowing the youth to drive their motorized vehicle; and that they assume responsibility for any damages or injuries incurred to their property or a third party’s property.
The caregiver will assume responsibility for any vehicle-related expenses, such as vehicle payments, routine maintenance expenses, repairs due to accidents or other damage to the vehicle, moving violation tickets, fees resulting from a suspended license, emissions test, tag renewal, illegal parking, and towing or booting. -
Obtain their signature on the Acknowledgement of DFCS Driving Policy for Youth in Care and provide them a copy of the signed form.
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Incorporate the goal of obtaining a driver’s license into the youth’s Written Transitional Living Plan (WTLP) within 30 calendar days of approval being granted for them to obtain a driver’s license. In addition:
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Review progress of required activities at monthly purposeful contacts and WTLP meetings;
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Discuss action items and barriers with the youth and caregivers.
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Document all activities in Georgia SHINES within 72 hours, including uploading the following into External Documentation:
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Signed consent giving authorization for the youth to seek a driver’s license or take a community-based driver’s education course.
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Signed and notarized Responsible Adult Affidavit, if used.
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Signed Acknowledgement of DFCS Driving Policy for Youth in Care.
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A copy of the vehicle insurance declaration showing the youth is insured as a driver.
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Procedures
Consent to Obtain a Driver’s License and/or Obtain Driver’s Education
For youth in the temporary custody of DFCS, the Social Services Case Manager (SSCM) will:
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Contact the parent(s)/guardian(s) or legal custodian to discuss the youth’s request to obtain driver’s education and licensure within seven business days of the request and:
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Determine if the parents will be participating in the youth’s driver education or providing access to a vehicle for instructional or practice experience, if appropriate;
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Discuss the requirement for the youth to have full coverage automobile insurance as a driver if the youth will be operating their personal vehicle. Obtain a copy of the vehicle insurance coverage indicating the youth as a driver;
The insurance company may automatically add all licensed drivers to the policy, which could result in a change to the caregiver’s policy coverage costs. -
Explain DFCS’ policy on youth obtaining driver education and licensure and that DFCS’ does not assume legal liabilities related to youth driving; and obtain their written authorization on the Consent for Youth to Obtain Drivers Education, Driver’s License and/or Drive a Motorized Vehicle form. Provide a copy of the signed consent to the youth’s parent(s)/guardian(s)/legal custodian(s);
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Document the discussion including their consent or denial in Georgia SHINES within 72 hours of occurrence. Upload a copy of the Consent for Youth to Obtain Drivers Education, Driver’s License and/or Drive a Motorized Vehicle form, and a copy of any vehicle insurance coverage to Georgia SHINES External Documentation.
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If the parent(s)/guardian(s) or legal custodian(s) cannot be located:
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Document the efforts made to locate them in Georgia SHINES;
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Prepare a written waiver request and obtain the County Director’s approval via the Consent for Youth to Obtain Drivers Education, Driver’s License and/or Drive a Motorized Vehicle form.
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Engage the youth’s caregiver(s):
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Explain DFCS’ policy on youth obtaining driver education and licensure, and that if the youth will be using their motorized vehicle, DFCS’ does not assume legal liabilities related to youth driving. Obtain their signature on the Acknowledgement of DFCS Driving Policy for Youth in Care Form;
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Discuss the requirement for the youth to have full coverage automobile insurance as a driver if the youth will be operating their personal vehicle. Obtain a copy of the vehicle insurance coverage to verify that the youth is included as a driver;
The insurance company may automatically add all licensed drivers to the policy, which could result in a change to the caregiver’s policy coverage costs. -
Document the discussion in Georgia SHINES and upload a copy of the signed Acknowledgement of DFCS Driving Policy for Youth in Care Form, and the vehicle insurance coverage to External Documentation within 72 hours of occurrence.
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If the youth’s request is approved, within 30 calendar days of the youth’s request, coordinate with the youth’s school counselor and/or ILS to enroll the youth in the next available driver’s education course.
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Develop the youth’s driver’s education plan with the youth, parent(s)/guardian(s)/legal custodian(s), caregiver(s), and/or Room Board Watchful Oversight (RBWO) provider and incorporate into the WTLP.
For youth in the permanent custody of DFCS, the SSCM will:
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Obtain written approval from County Director via the Consent for Youth to Obtain Drivers Education, Driver’s License and/or Drive a Motorized Vehicle form.
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Engage the youth’s caregiver(s):
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Explain DFCS’ policy on youth obtaining driver education and licensure, and that if the youth will be using their motorized vehicle, DFCS’ does not assume legal liabilities related to youth driving. Obtain their signature on the Acknowledgement of DFCS Driving Policy for Youth in Care Form.
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Explain the requirement for the youth to have full coverage automobile insurance as a driver if the youth will be operating their personal vehicle. Obtain a copy of the vehicle insurance coverage indicating the youth as a driver.
The insurance company may automatically add all licensed drivers to the policy, which could result in a change to the policy coverage costs. -
Document the discussion in Georgia SHINES and upload a copy of the signed Acknowledgement of DFCS Driving Policy for Youth in Care Form and the vehicle insurance coverage to External Documentation within 72 hours of occurrence.
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If the youth’s request is approved, within 30 calendar days of the youth’s request, coordinate with the youth’s school counselor and/or ILS to enroll the youth in the next available driver’s education course.
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Develop the youth’s driver’s education plan with the youth, caregiver(s), and/or Room Board Watchful Oversight (RBWO) provider and incorporate into the WTLP.
Obtaining Driver’s Education and Licensure
Upon obtaining written consent for a youth to obtain driver’s education and licensure, the SSCM will:
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Assist the youth in obtaining the required identification and documentation necessary to enroll in Driver’s Education and/or obtain their Instructional Permit/Intermediate License (Class CP). These are as follows:
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Documentation needed show the youth’s identity, which may include:
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A certified copy of Birth Certificate,
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A state identification (ID) card issued in accordance with federal and state “Secure ID” requirements (see policy 13.8 State Identification);
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U.S. Passport; or
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Certificate of Naturalization.
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Two documents that prove the youth’s residential address. For a complete list of Acceptable Real ID Documents, go to the DDS website and under the DDS Proof of Georgia Residency section. The website is dds.georgia.gov/real-id-documents-list. These may include:
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School records or transcripts showing the youth’s residential address;
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A letter from a placement provider on their official letterhead that includes the youth’s name, date of birth, the address of the facility, and the name and phone number of an official representative of the facility; or
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A letter from the DFCS office that has legal custody of the child that is written on official letterhead and includes the youth’s name, date of birth, address, and the name and phone number of the County Director.
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Full social security number, which may be provided by:
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A social security card issued by the Commission of the Social Security Administration; or
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A W-2, SSA-1099, or Paystub that shows the youth’s full social security number.
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Complete and submit a Responsible Adult Affidavit to the Department of Driver Services (DDS) for youth who do not have all the required documentation to support their application. The Responsible Adult must sign the affidavit stating the relationship to the minor, provide a State-issued Identification or a Letter from a State Agency to verify their identity, and submit documentation to show the relationship (for example, the minor is in the custody of DFCS, and the Responsible Adult is an employee of the agency that has custody). This is only required for Driver’s License purposes and not acquiring a new state ID. -
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Assist the youth in obtaining an instructional permit (learner’s permit) through DDS.
Contact the ILS if the youth is unable to successfully pass the exam following three attempts. -
Assist the youth in enrolling in an accredited Driver’s Education course (a Driver Education course is not mandated for youth 17 years or older but is highly recommended):
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This may be done through their school, local community, or Independent Living Specialist (ILS);
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Coordinate with the ILS to pay all applicable fees for the youth to complete a community-based driver’s education course if there is not a course offered through the youth’s local school system.
It is preferred that the Driver’s Education Course selected by the youth also include the Alcohol and Drug Awareness Component (ADAP), as the youth will be required to take this portion of driver’s education separately if not included in the curriculum. Review the COSTAR Manual for guidance on fees and note that there is a cap for these costs. If the cost of the course is more than the cap, the DFCS county office will be responsible for the additional costs or will need to seek a course within the budget limit.
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Assess the youth’s driving experience with the youth, caregiver or RBWO provider, and the parent(s)/guardian(s) (when applicable) as a part of the WTLP review and adjust the plan as necessary based on the youth’s performance and maturity to determine the youth’s readiness to obtain their driver’s license.
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Assist the youth in obtaining upgrades in licensure as the youth completes the graduated licensing requirements.
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Advise youth that:
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Upon reaching age 18, if they seek to purchase and own a vehicle, they should do so in consultation with their caregiver and SSCM; and
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Independent Living Program (ILP) funds may not be used to purchase or maintain a vehicle.
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They will be legally responsible for all acts or omissions that result from their driving or owning a vehicle.
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The Social Services Supervisor will:
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Monitor the youth’s WTLP to ensure that all activities related to the youth obtaining a driver’s license are occurring in a timely manner;
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Ensure consent and acknowledgement forms are signed and uploaded into Georgia SHINES in a timely manner;
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Verify the youth’s insurance coverage for the vehicle they will be driving.