freeman v. Riverside County Archives – Western Center on Law & Poverty

California’s Riverside County Agrees to Reimburse Families $540K in Juvenile Detention Fees

January 31, 2023February 15, 2023, By Willis Jacobson, National Center for Youth Law & Rebecca Miller, Western Center on Law and Poverty,

FOR IMMEDIATE RELEASE

Para ver esta información en español, haz clic aqui

Settlement Website, click here

January 31, 2023

Contacts:

Willis Jacobson, National Center for Youth Law: [email protected]

Estevan Montemayor, Western Center on Law and Poverty: [email protected]

CALIFORNIA’S RIVERSIDE COUNTY AGREES TO REIMBURSE FAMILIES $540K IN JUVENILE DETENTION FEES

Riverside County families who were subjected to illegal collection of juvenile fees moved a step closer toward justice — in the form of cash reimbursements — after a court this month granted preliminary approval of a settlement in a class action lawsuit they brought against the County.

The lawsuit, Freeman v. County of Riverside, alleged that the County did not follow California law and the U.S. Constitution when it charged millions of dollars in fees to families who had children in juvenile detention. Under state law, the County was obligated to ensure families had the ability to pay fees they were assessed and inform families of their right to challenge the fees. The plaintiffs claimed that the County failed to fulfill these legal duties. The families are represented by the National Center for Youth Law and the Western Center on Law & Poverty.

After the families filed their complaint in court in March 2020, the County agreed to stop collecting $4.1 million in outstanding juvenile detention and administrative fees. The parties have now negotiated a settlement, in which the County agrees to pay $540,307 to reimburse more than 1,200 class members for the fee payments they made.

“The County’s practices have had a devastating effect on families,” said Michael Harris, an attorney and Senior Director of Legal Advocacy and Justice and Equity at the National Center for Youth Law. “This settlement will offer those families meaningful relief and deter Riverside County and other jurisdictions from illegally assessing and collecting money from struggling families.”

The settlement, if finalized, would mark a major victory for families in Riverside County, some of whom have been caught in decades-long cycles of financial turmoil as a result of the County’s collection practices. Plaintiffs Shirley and Daniel Freeman are among those from whom the County pursued for more than 10 years to collect fees related to their grandson’s time in juvenile detention. “The settlement gives recognition to what happened to us and other families,” said Shirley and Daniel Freeman. “We are pleased that the lawsuit helped families by canceling amounts they still owed and now the settlement will return some of the money that was collected from them.”

“Even when state law requires consideration of ability to pay, individuals and their families are frequently burdened with debt they’re unable to pay. These fees cause significant harm to families, undermining community health and trust in public institutions,” said Rebecca Miller, Senior Litigator with the Western Center on Law and Poverty. “This case shows why fees should not be charged to individuals involved in the juvenile justice system.”

Families from whom Riverside County collected juvenile detention fees will receive mailed notice about the proposed class action settlement in the coming weeks. Parents and guardians who believe they might be members of the class action entitled to relief under the settlement should visit the Settlement Administrator’s website at www.riversidejuvenilefees.com or call (833) 472-1997.

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The National Center for Youth Law centers youth 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. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit www.youthlaw.org.

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 Californians with low incomes, through the lens of economic and racial justice. For more information, visit www.wclp.org.

Challenging Unjust Juvenile Fee Collection for Families in Riverside

October 15, 2021October 15, 2021, By Rebecca Miller - Western Center Senior Attorney

Last month, Western Center filed a motion for class certification in our case, Freeman v. Riverside County, which challenges how Riverside County charged fees to parents and guardians whose children were involved in the juvenile legal system. The case was filed together with our co-counsel, the National Center for Youth Law.

Families were charged daily “costs of support” – $30 or so per day for each day their child was in detention. State law required the county to assess families’ ability to afford the costs, which were often thousands of dollars, and provide procedural due process before collecting. Riverside did nothing – just calculated the fees and sent the totals to collection. Our case seeks to shine a light on this abuse of government authority, and asks for a refund of illegally collected fees.

Fortunately, the authority to charge these types of juvenile fees has been eliminated in California, as well as counties’ ability to collect older fees. The story behind this case is important, not just for accountability in Riverside, but also because there are still many fees charged to overpoliced communities in California.

Cases like this one demonstrate why advocates are fighting for abolition of juvenile and adult criminal fees – not a reduction or ability to pay process. There are important racial equity principles behind that goal, because of who the juvenile and adult legal systems target. There are also common sense administrative policy reasons for fee abolition, mainly that ability to pay processes are inequitable and don’t work. Our case in Riverside shows that even when state law requires an ability to pay process, it is not followed, or it’s followed so ineptly or inconsistently that it becomes meaningless. Ability to pay processes also replicate racial bias in the courts and legal system.

As this case proceeds, I must share our appreciation and admiration for our clients who have worked with us on this case for over two years, and for their bravery in telling their stories. We are hopeful for a good outcome, and that the class data we may be able to obtain illustrates why shifting the cost of government onto individuals through user fees causes inequity, and in a nutshell, constitutes wealth stripping from low income communities and communities of color.

Tag: freeman v. Riverside County

Tag: freeman v. Riverside County

California’s Riverside County Agrees to Reimburse Families $540K in Juvenile Detention Fees

Challenging Unjust Juvenile Fee Collection for Families in Riverside

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