§ 56-1-100 — Application by unemancipated minor.

(A) The application of an unemancipated minor for a beginner's permit or driver's license must be signed in the presence of a South Carolina Department of Motor Vehicles employee at the time of application by: (1) the father of the minor; (2) the mother of the minor; (3) the guardian of the minor; (4) an individual who has custody, care, and control of the minor; (5) any person set forth in subsection (C)(3) below with written approval by the Department of Social Services; (6) any person who has been standing in loco parentis of a minor for a continuous period of not less than sixty days; or (7) any responsible adult who is willing to assume the obligation imposed under this article and who has written permission, from a person listed in items (1)—(7) above, signed and verified before a person authorized to administer oaths. (B) The application of an emancipated minor for a beginner's permit or driver's license must be signed in the presence of a South Carolina Department of Motor Vehicles employee at the time of application by a responsible adult who is willing to assume the obligation imposed under this article. (C) If the Department of Social Services has guardianship or legal custody of a minor, the application may be signed by: (1) the father of the minor; (2) the mother of the minor; or (3) the foster parent, preadoptive parent, or person responsible for the welfare of the child who resides in a childcare facility or residential group care home, upon written approval by the Department of Social Services. The disclosure of information by the Department of Social Services to the Department of Motor Vehicles in order to provide approval for the limited purpose of this code section shall not be a violation of Section 63-7-1990 or any other section of the Children's Code governing the dissemination of confidential information. The foster parent, preadoptive parent, or person responsible for the welfare of a child who resides in a childcare facility or residential group care home must obtain approval from the Department of Social Services prior to the request for an extension of a permit pursuant to Section 56-1-50. (D) Except as set forth in subsection (C)(3) above, upon the extension of a permit pursuant to Section 56-1-50, authorization by the person who originally signed the application, under subsections (A), (B), or (C) above, is not required.

Legislative History

HISTORY: 1962 Code SECTION 46-159; 1952 Code SECTION 46-158; 1942 Code SECTION 5989; 1932 Code SECTION 5989; 1930 (36) 1057; 1933 (38) 214; 1949 (46) 271; 1956 (49) 1649; 1959 (51) 421; 1994 Act No. 497, Part II, SECTION 121G; 2017 Act No. 2 (S.198), SECTION 1, eff April 5, 2017. Effect of Amendment 2017 Act No. 2, SECTION 1, amended the section by adding the paragraph designators, deleting the term "instruction permit", and revising the list of persons who must sign the application of an unemancipated minor.