Saturday, August 25, 2007

Case Law Development: Foster Care Funding Need Not Provide Auto Liability for Teenagers

It's official law now -- teenagers do not NEED to have a car.  The case, in addition to presenting a catchy policy issue to discuss, provides an excellent demonstration of statutory interpretation. 

A young woman in foster care sued the county to compel payments for automobile liability insurance so that she could lawfully drive a car.  The juvenile court denied her motion and the California Court of Appeals affirmed.  The petitioner argued that federal and state statutes required the payments to her foster parents for auto insurance and provided a set of arguments regarding statutory interpretation that would make a fine example of the skill for new law students.  She argued that federal and state statutes regarding payments to foster parents were designed to “secure for the minor custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents.” Moreover, those statutes included requirements that payments be made for “liability insurance with respect to a child” which she argued included auto liablity insurance. (42 U.S.C. § 675(4)(a); § 11460)

The court disagreed, interpreting the statutes to exclude auto liability insurance and concluding that "The care of a minor does not require payment for car insurance (as opposed to necessities such as food, clothing, and shelter)."

In re Corrine W., (Cal. App. August 22, 2007)
Opinion online (last visited August 24, 2007 bgf)

http://lawprofessors.typepad.com/family_law/2007/08/case-law-dev-15.html

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Comments

People forget that a drivers license is a privilege and not a right.

The same goes for having a car and insurance.

People need to earn them.

Posted by: Atlanta car insurance | Sep 17, 2009 3:15:05 PM

This girl must not realize how expensive auto liability insurance is for teenagers. The state would go broke paying for car insurance for foster children. Well put, it is not a right to drive a car and have insurance on it. Visit my website www.safestreetinsurance.com

Posted by: Michael | Aug 25, 2010 7:51:53 PM

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