Del. Code tit. 29 § 9011A

Current through 2024 Legislative Session Act Chapter 510
Section 9011A - Driver education, driver's license, and motor vehicle insurance for an individual who is in or has experienced foster care in delaware
(a) The General Assembly finds that the costs of driver education, obtaining a driver's license, and motor vehicle insurance for an individual who is in or has experienced foster care in Delaware serve as an additional barrier to gaining independence and engaging in age-appropriate and developmentally appropriate activities, and limits opportunities for obtaining employment and completing educational goals. The General Assembly further finds that the completion of an approved driver education course is necessary to develop safe driving skills.
(b) For purposes of this section, "caregiver" means as defined in § 2502 of Title 13.
(c) The Office shall establish a program to assist with driver education, driver licensure, motor vehicle insurance, and associated costs and barriers to driving for an individual under paragraph (g)(1) of this section.
(d) The Office shall develop procedures for operating and administering the program established under subsection (c) of this section, including for all of the following:
(1) Determining eligibility for the program.
(2) Developing necessary forms, including for application and payment.
(3) Promoting awareness of the program.
(4) Providing technical assistance and supports to remove barriers that prevent an individual from driving.
(5) Providing incentives to encourage the greatest number of eligible individuals to participate in the program.
(6) Developing programs and providing supports to prepare an individual to assume financial responsibility for motor vehicle insurance and associated costs of driving after the individual is no longer eligible for the program.
(7) Providing for payments to be made to individuals and caregivers under the program.
(e)
(1) The Office shall make payments under the program established under subsection (c) of this section in the order that it determines an individual eligible.
(2) If a caregiver adds an individual under paragraph (g)(1) of this section to the caregiver's motor vehicle insurance policy, the Office may not pay to the caregiver an amount that exceeds the increase in cost attributable to the addition of the individual to the policy.
(f) When an individual identified in paragraph (g)(1) of this section procures and maintains a valid auto insurance policy with its coverages identified in § 2118 of Title 21, § 2902 of Title 21, and § 3902 of Title 18 through participation in the program established under subsection (c) of this section, the policy is the source of that coverage when the individual is operating a motor vehicle. The individual's caregiver's coverages identified in § 2118 of Title 21, § 2902 of Title 21, and § 3902 of Title 18 may not be a source of coverage when the individual is operating a motor vehicle.
(g)
(1) The following individuals are eligible to participate in the program:
a. An individual in Department custody under Chapter 25 of Title 13.
b. An individual who exited Department custody to adoption or guardianship at age 16 or later.
c. An individual who exited Department custody at age 18.
d. An individual who receives independent living services from the Department.
(2) An individual under paragraph (g)(1)b. or (g)(1)c. of this section may participate in the program for 1 year following the individual's exit from Department custody unless the individual is receiving independent living services from the Department.
(3) An individual under paragraph (g)(1)d. of this section may participate in the program for as long as the individual is receiving independent living services from the Department.
(h) The Office may adopt regulations to implement this section.
(i) The Office shall submit a report to the General Assembly, which may be included in the Office's annual report, containing all of the following information for the previous year:
(1) The number of individuals who participated in the program and the assistance provided.
(2) The total amount of funds disbursed to assist with driver education, driver licensure, motor vehicle insurance, and associated costs of and barriers to driving.
(3) Ongoing barriers to providing driver's licenses or motor vehicle insurance to individuals who are in or have experienced foster care in Delaware and progress toward overcoming those barriers.

29 Del. C. § 9011A

Added by Laws 2023, ch. 345,s 3, eff. 8/2/2024.