Delaware Senate Bill SB95

Delaware 2023-2024 Regular Session

• Introduced: 4/25/23
• Engrossed: 4/27/23
• Refer: 4/25/23
• Refer: 4/28/23
• Enrolled: 5/4/23
• Passed: 5/31/23

Caption

An Act To Amend Title 21 Of The Delaware Code Relating To Driver's Licenses.

Impact

This legislation aims to provide clarity on the responsibilities of foster parents in situations where a foster child may drive a vehicle. By setting specific limits on liability, the bill ensures that foster parents are aware of their potential exposure to financial claims stemming from accidents caused by foster children. This change is particularly significant in a context where foster children are often under the care of parents or guardians who may lack experience in handling driver’s insurance matters.

Summary

Senate Bill 95 is an amendment to Title 21 of the Delaware Code that specifically addresses the liability of foster parents concerning the negligent driving of foster children. The bill clarifies that when a foster child who has held a Level 1 Learners Permit for less than six months drives a vehicle, the foster parent may be held liable for any damages caused by the child's negligence. However, this liability is limited to the amount of insurance coverage that the foster parent holds under their private passenger insurance policy.

Sentiment

The sentiment around SB 95 appears to be largely supportive, particularly among those involved in the foster care system. Advocates for foster children commend the bill as a necessary step towards protecting both foster parents and children. By clarifying liability, the bill seeks to create a safer environment in which foster children can learn to drive responsibly while alleviating some of the concerns foster parents may have regarding their financial responsibilities in the event of an accident. However, there may be underlying concerns among some stakeholders about the adequacy of insurance coverage and the overall safety of young drivers.

Contention

While there does not appear to be major contention surrounding the bill, as it passed unanimously in a recent House vote, discussions may arise regarding the adequacy of insurance limits and the responsibilities that should be imposed on foster parents. The bill emphasizes the importance of ensuring that foster parents are informed about their insurance coverage and related laws. If this legislation leads to unanticipated legal challenges or liability issues, it could provoke further debate.