National Center for Youth Law

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Lawsuit Against Riverside County Seeks Reimbursement for Families Illegally Charged with Juvenile Justice Fees

For over a decade Riverside County collected juvenile fees without following the mandated legal process, disproportionately punishing Black and Latinx families and those with low incomes.

                          

 

FOR IMMEDIATE RELEASE
September 28, 2020

Contact: Patty Guinto, pguinto@youthlaw.org

Riverside, CA — An amended complaint was filed today against Riverside County for its failure to reimburse families that were illegally charged fees for their children involved in the juvenile justice system. In response to the plaintiffs’ demand letter and an earlier complaint in the same case, the County stopped collecting juvenile fees in April, but has not issued reimbursements for thousands of families who were wrongfully charged fees they could not afford.

“For years, Riverside County illegally collected fees from families that could not afford to pay, which caused significant economic strain and kept families in a cycle of debt.” said Rebecca Miller, Senior Litigator at Western Center on Law & Poverty. “Our lawsuit seeks to right that wrong.”

The complaint alleges that the County did not follow necessary legal protocol when it charged families with fees. Before the County ended fee collection in April, it was obligated to follow a process which included obtaining a court order, and ensuring families had the ability to pay fees they were assessed.

The County did not provide families with required notices about their rights, the legal process, or how to challenge the fees. The amended complaint filed today seeks to compel the County to reimburse families for past fees since the County did not follow the required process. Riverside County’s failure to comply with its legal obligations means its collection of fees violated state statutes and the state constitution.

“We want to help get people their money back,” said Daniel Freeman, a plaintiff in the case. “When families make a mistake, the County doesn’t care. But when the County makes a mistake, they don’t have to do anything. They should have followed the rules. People really suffered because they didn’t, so they should pay that money back.”

For over ten years, Riverside County pursued Mr. Freeman and his wife, both who are over 65 and retired, for approximately $8,000 in fees related to their grandson’s involvement in the juvenile justice system, as they raised their grandsons whose mother died. The Freemans’ primary source of income was Social Security retirement. Contrary to state law, the County did not evaluate the Freemans’ ability to pay, did not provide notice of their right to contest the assessment and collection of fees, and did not obtain a court order against the Freemans. Instead, the County misled the Freemans into making monthly payments.

The Freemans are only one family of thousands from whom Riverside County pursued millions of dollars in fees using these illegal methods. Through this lawsuit, the Freemans and other plaintiffs in Riverside County seek relief for families charged with juvenile fees in violation of state law.

“The juvenile justice system is supposed to support the rehabilitation of young people, but in Riverside County, that guiding philosophy is turned on its head,” said Michael Harris, Senior Director, Legal Advocacy and Juvenile Justice at the National Center for Youth Law. “The County’s practices have had a devastating effect on families that needed help.”

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About National Center for Youth Law – We advance justice through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice.

About Western Center on Law & Poverty — Through the lens of economic and racial justice, Western Center on Law & Poverty fights in courts, cities, counties, and in the Capitol to secure housing, health care and a strong safety net for low-income Californians.