Bill Summary for S 423 (2015-2016)

Summary date: 

Apr 23 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 423 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ALIGN STATE LAW WITH FEDERAL LAW BY PROVIDING FOR THE SUPPORT OF HEALTHY DEVELOPMENT OF YOUTH IN FOSTER CARE THROUGH IMPLEMENTATION OF A REASONABLE AND PRUDENT PARENT STANDARD FOR DECISIONS MADE BY A FOSTER PARENT OR A DESIGNATED OFFICIAL FOR A CHILD CARE INSTITUTION AND REVISING THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY REGARDING JUVENILE PLACEMENT UNDER THE JUVENILE CODE; TO PROVIDE LIABILITY INSURANCE FOR FOSTER PARENTS' TO REDUCE BARRIERS TO OBTAINING A DRIVERS LICENSE FOR FOSTER CHILDREN AND BY CLARIFYING THAT FOSTER PARENTS DO NOT VIOLATE FINANCIAL RESPONSIBILITY REQUIREMENTS BY ALLOWING FOSTER CHILDREN WITH THEIR OWN INSURANCE COVERAGE TO OPERATE A VEHICLE OWNED BY THE FOSTER PARENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY A MEDICAID WAIVER FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE.
Intro. by Barringer, Harrington, Tucker.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Amends the long title, replacing the word "parent" with "parenting" in the phrase, "reasonable and prudent parent standard."

Amends GS 131D-10.2A, enacted in this act, to make an organizational change, dividing the content of subsection (f) of this section into subsections (f) and (g). Further amends subsection (f) by adding the provision that the burden of proof for a breach of the reasonable and prudent parenting standard would be by clear and convincing evidence. Also requires a county department of social services (was,the Department of Health and Human Services) to use the reasonable and prudent parenting standard.

Recodifies GS 58-36-43, regarding personal liability insurance for foster parents, as GS 58-36-44.

Amends GS 48A-4 and GS 20-11(i) to provide that the provisions regarding the competency of certain minors to contract for the purchase of a vehicle insurance policy and apply for a permit or license, apply to minors at least 16 years of age or older who are in the legal custody of the county department of social services (was, the legal custody of the Department of Health and Human Services, Division of Social Services). Amends GS 20-11(i)(4) to specify that if the applicant for a drivers permit or license is a minor in the legal custody of the county department of social services, then an acceptable co-signer under this section is the director or his designee (was, a case manager) or other type of caseworker assigned to work with the minor.

Amends GS 20-309(a2), enacted in this act, to allow a foster parent to meet the financial responsibility requirements for vehicle registration, even if a foster child residing in the household is excluded under the parent's policy, as long as the child is insured under some other policy of liability insurance or a named non-owner's liability policy. Directs the North Carolina Rate Bureau to establish, with the Commissioner's approval, a named driver exclusion endorsement for foster children. Makes a conforming change to GS 20-279.21(b) ("Motor vehicle liability policy" defined) to make it consistent with GS 20-309(a2), as amended.

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