Just over a year ago we covered a subject that is of particular importance to adolescents caught in the juvenile justice system and their families, Senate Bill 190 (SB-190). At the time, the piece of legislation which, if passed, would prohibit the collection of fees in the juvenile-justice system across the state, was before the California state legislature. In the time since the bill was approved and signed by California Governor Jerry Brown.

Fines and court fees can add up quickly even when the offense in question is relatively minor. Given that most young people do not have a source of income sans what they get from their mother and/or father, the costs of young people breaking the law tend to become the burden of parents. What’s more, debt generated from the past transgressions in one’s youth, don’t disappear upon release; some families continue to chip away at debt long after their son or daughter earn his or her freedom.

Since January 1, 2018, counties across the state have put a stop to collecting juvenile court fees per SB-190; yet, families throughout California are still whittling away at debts accrued before the law came to fruition. San Mateo County Board Supervisor David Canepa, along with former juvenile offender Daniel Casillas, are tirelessly working to end the collection of any juvenile justice fees still owed to the county, The San Mateo Daily Journal reports. Daniel Casillas, who was released from detention just before he turned 18 about four years ago, now serves on the county’s Juvenile Justice and Delinquency Prevention Commission.

Beyond Senate Bill 190

The passing of Senate Bill 190 brought with it a massive relief for thousands of California families moving forward, yet it did not do much for those who already paid their physical debt to society but still owe financially. Since the age of 13, Casillas (21) was arrested more than 20 times for non-serious offenses and a series of probation violations. The arrests and detentions that followed generated incarceration and legal representation fees, according to the article. Years after his release, Daniel’s family are still paying the county.

“Their number one reason for moving here was to provide their kids a better opportunity,” Casillas said. “I think they’ve kind of had to delay their hopes and work extra hard because of financial burden, because of my own adolescence.”

Supervisor Canepa introduced a juvenile court fee write-off for families like the Casillas. If the proposal is approved, it will afford relief to more than 6,000 families owing collectively around $12.6 million.

“When it comes to criminal justice, when you do the crime you have to pay the time,” said Canepa. “But when you pay the time, you shouldn’t be saddled as a juvenile with the debt for the rest of your life.”

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

The new California state budget allocates $4 million toward preventing the unnecessary arrests of foster children, The San Francisco Chronicle reports. The move from lawmakers came about after the newspaper exposed a severe issue regarding the handling foster kids who act up.

Historically, when foster children staying in one of the many California shelters caused a ruckus, supervisors would call the authorities. A minor infraction could quickly land a child in a juvenile detention facility for assault and vandalism; the practice starts a vicious cycle of young people going in-and-out of the juvenile justice system, and then the adult criminal justice system later in life.

It is vital to remember that the majority of youngsters in foster care have had complicated lives. Such youngsters have been witness to all-the-wrong-things from a very young age; ostensibly, they are not equipped to handle challenging situations in a healthy manner. One could argue that acting up is expected among young people whose early life is comprised of one traumatic event after another. Fortunately, there are ways of disciplining children that don’t involve detention; utilizing such methods could teach adolescents valuable life lessons and coping skills.

De-Escalation and Adolescent Development Training

The $4 million will be used for:

• Foster youth support services,
• De-escalation training, and
• Adolescent development training for law enforcement and staff at residential facilities.

This week, legislation is expected to pass that would order California children’s shelters and group homes to only call law enforcement in an emergency, according to the article. Such facilities should rely on other forms of intervention before turning to the police as a means of disciplining a child. Maria Ramiu, a senior staff attorney with the Youth Law Center in San Francisco, says the new law encouraging shelters and group homes to rely on law enforcement less, would be a significant “change in philosophy.”

Assembly Bill (AB) 2043, introduced by state Assemblyman Joaquin Arambula (D), curbs over-reliance on law enforcement to solve foster care behavioral concerns, The Chronicle of Social Change reports. The bill also helps foster kids reach out for help when they find themselves in unsafe situations in foster homes by creating a statewide hotline for foster youth and their caregivers to contact a mobile crisis-team at any time.

“We want [foster youth and caregivers] to feel supported, to have access to immediate support in their homes,” said Diana Boyer, senior policy analyst for the County Welfare Directors Association of California. “We’re bringing the services to them, as opposed to them going to services.”

A mobile crisis team with training in how to address the concerns of young people, many of which have mental health problems, could significantly reduce the need to rely on law enforcement. Mental health, and young people acting out because of such conditions, is not a problem that can be arrested away.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

Adolescents, like adults, are disciplined for certain offenses with the hope that said offender will not do it again. It starts at a young age, a child does something wrong—a parent determines the appropriate punishment to mete out. Life is about standards and rules, if one falls short or breaks a rule, punishment follows suit. The hope, it seems, as that by the time adulthood rolls around, an individual will be an upstanding citizen.

Unfortunately, sometimes a punishment does not match the caliber of the offense—especially in American schools. Across the country, what is known as “zero tolerance” policies are in place at practically every public school. Zero tolerance policies were specifically directed towards drugs or weapons. Students found to have either are subject to either suspension or expulsion. While that type of policy would seem to make sense, such policies may actually do more harm than good.

A new book is coming out soon that explores the nature of zero tolerance, with the hope of starting a conversation that could put an end to draconian rules in public schools. Professor Derek W. Black’s “Ending Zero Tolerance: The Crisis of Absolute School Discipline,” highlights the flaws of zero tolerance punishments on school-aged children, according to the Juvenile Justice Information Exchange. Black teaches law at the University of Southern California. He writes:

“One of the most obvious flaws or irrationalities of zero tolerance and harsh discipline is that they lump so many dissimilar students in to the same groups. The first grader whose mother puts a cough drop in his backpack without him knowing is treated the same as the seventh grader who knows that cough drops are prohibited but brings them anyway because his throat hurts and he does not want to miss school. And the seventh-grade cough-drop smuggler is treated the same as the student who brings Advil to school and sells it. And the Advil-distributing student is treated the same as the student who sells steroids or marijuana to his classmates. They are all drug offenders according to their schools and subject to long-term suspension.”

The book covers a number of different areas, sourcing individual narratives, case law—and could prove to be an invaluable tool for both teachers and counselors. Hopefully, it will lead to more understanding and compassion when it comes to discipline in American schools.

“Harsh discipline practices,” writes Black, “are contrary to many of our many basic values, both social and legal.”

Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.