(1) (a) (I) The application of any
person under eighteen years of age for an instruction permit or minor driver's
license must be accompanied by either:
(A) An affidavit of liability signed and verified by the parent, stepparent,
foster parent, grandparent with power of attorney, guardian, spouse of the
applicant if the spouse is eighteen years of age or older, or any other responsible
adult who assumes the obligation imposed under this article 2 by signing the
affidavit of liability for a minor; or
(B) Proof of financial responsibility for the future, as defined in section 42-7-103 (14), held in the name of the minor if the minor is a foster child.
(II) When an applicant has been made a ward of any court in the state for any
reason and has been placed in foster care, the foster parents or parent may sign the
affidavit of liability for the minor. If the parent or foster parent is unwilling or unable
to sign the affidavit of liability, a guardian ad litem or counsel for youth, an official
of the county department of human or social services having custody of the
applicant, or an official of the division of youth services in the state department of
human services having custody of the applicant may sign the application for an
instruction permit without signing the affidavit of liability for the minor if the
requirements of subsection (1)(b) of this section are met; except that, prior to
signing the application for an instruction permit, the guardian ad litem or counsel
for youth or other official shall notify the court of the guardian ad litem's or counsel
for youth's or other official's intent to sign the application, and except that the
guardian ad litem or counsel for youth or official shall not sign the application for
an instruction permit for a minor who is placed in foster care and is under seventeen
years of age without first obtaining the consent of the foster parent. If the minor is
seventeen years of age or older and is in the care of a foster parent, in order to
prepare the minor for emancipation from foster care and to assist the minor in
obtaining important life skills, the guardian ad litem or counsel for youth or official
shall consult with the foster parent of the minor about the opportunity for the minor
to learn driving skills under the restrictions provided in subsection (1)(b) of this
section prior to signing an application for an instruction permit. The guardian ad
litem or counsel for youth or official shall solicit the opinion of the minor's foster
parent concerning the minor's ability to exercise good judgment and make
decisions as well as the minor's overall capacity to drive.
(III) When a minor to whom an instruction permit or minor driver's license has
been issued is required to appear before the department for a hearing in
accordance with this article 2, the person who signed the affidavit of liability for the
minor or the guardian ad litem or counsel for youth or official who signed the
application for an instruction permit for the minor shall accompany the minor. If the
person who signed the minor's affidavit of liability or application for an instruction
permit is unable to attend the hearing, the person shall submit to the department a
verified signed statement certifying under oath that the person is aware of the
purpose of the hearing but cannot attend.
(b) The department shall issue an instruction permit to an applicant under
eighteen years of age who is otherwise eligible to obtain an instruction permit and
who has been made a ward of the court and who is in out-of-home placement
without the requirement of a person signing an affidavit of liability if the following
requirements are met:
(I) The guardian ad litem or counsel for youth, an official of the county
department of human or social services having custody of the applicant, or an
official of the division of youth services in the state department of human services
having custody of the applicant signs the application for an instruction permit; and
(II) (A) If the minor is in the care of a foster parent and is under seventeen
years of age, the foster parent consents to the minor learning driving skills under
the restrictions provided in this subsection (1); or
(B) If the minor is in the care of a foster parent and is at least seventeen
years of age, the guardian ad litem or counsel for youth or the official has consulted
with the foster parent prior to signing the application for an instruction permit.
(III) and (IV) Repealed.
(1.5) (a) The application of any person under the age of eighteen years for an
instruction permit or minor driver's license shall include the option for a minor to be
an organ or tissue donor.
(b) Repealed.
(c) Any person under the age of eighteen years who volunteers to donate
anatomical gifts by designation on an instructional permit or minor driver's license
shall include a notice of consent signed and verified by the father or the mother of
the applicant, or, in the event neither parent is living, by the person or guardian
having proof of legal custody of such minor, or by the spouse of the applicant if the
spouse of the applicant is eighteen years of age or older.
(d) If the person under the age of eighteen years who volunteers to donate
anatomical gifts by designation on an instructional permit or minor driver's license
is an emancipated minor, a notice of consent is not necessary for an anatomical gift
to be valid.
(e) Each county department of human or social services having custody of a
foster child or ward of the court may implement a program that provides the
services authorized under subsection (1)(b) of this section. The county department
of human or social services may:
(I) Assess the child's or ward's mental, emotional, and physical ability to
safely drive a motor vehicle and, based on that assessment, approve or deny the
provision of services under subsection (1)(b) of this section; and
(II) Seek, accept, and expend gifts, grants, or donations from private or
public sources for the purposes of this subsection (1.5).
(2) (a) Any negligence or willful misconduct of a minor under eighteen years
of age who drives a motor vehicle upon a highway is imputed to the person who
signed the affidavit of liability that accompanied the minor's application for an
instruction permit or a minor driver's license. The person is jointly and severally
liable with the minor for any damages caused by the minor's negligence or willful
misconduct, except as provided in subsection (3) of this section.
(b) A guardian ad litem or a counsel for youth, an official of a county or
district department of human or social services, or an official of the division of
youth services in the state department of human services who signs a minor's
application for an instruction permit or a minor driver's license but does not sign an
affidavit of liability does not impute liability on themselves, on the county, or on the
state for any damages caused by the negligence or willful misconduct of the
applicant.
(c) Nothing in this section waives or limits the governmental immunity of a
county or district department of human or social services, as described in article 10
of title 24.
(3) (a) The department shall accept the application of a qualified minor if:
(I) A minor under eighteen years of age has deposited, or there is deposited
on the minor's behalf, proof of financial responsibility covering the operation of a
motor vehicle owned by the minor or, if the minor is not the owner of a motor
vehicle, covering the operation of another motor vehicle; and
(II) The application is accompanied by an affidavit of liability signed by one
parent or the guardian of the minor unless, under subsection (1) or (1.5) of this
section, the minor need not have a responsible adult sign the affidavit of liability.
(b) While proof of financial responsibility is maintained, the parent, foster
parent, or guardian is not subject to the liability imposed under subsection (2) of
this section. Nothing in this section requires a foster parent to sign an affidavit of
liability for a foster child and nothing in this section precludes a foster parent from
obtaining a named driver's exclusion on the foster parent's insurance policy.
(4) Repealed.
(5) An individual who is in the custody of the state department of human
services or a county or district department of human or social services who does
not possess all of the required documents to apply for an instruction permit or a
minor driver's license pursuant to this section may be eligible for exception
processing pursuant to rules of the executive director of the department of
revenue.
(6) On or before November 1, 2021, the executive director of the department
of revenue shall promulgate rules establishing, to the extent permissible under
federal law, forms of documentation that are acceptable for the purpose of
allowing individuals who are in the custody of the state department of human
services or a county or district department of human or social services to verify
their legal residence in the United States, establish identity, and satisfy any other
prerequisites for the acquisition of an instruction permit or a minor driver's license.