Cities Study Anti-Gang Law That Fines Parents

A nine-city gang-prevention task force in Orange County is considering a proposal, similar to a Norwalk ordinance, that would enable cities to fine parents whose children are convicted of certain gang-related crimes.

The proposed law would make parents legally responsible for the gang-related crimes of their children. Under the Norwalk ordinance, which was adopted early last year, the city can impose penalties of up to $2,500 on parents whose children are convicted of crimes ranging from drug dealing to curfew violation.

Some members of the Orange County task force reacted coolly to the proposal after the county’s legal staff members said such a law probably would not withstand a court challenge. Other cities that have enacted similar laws, including Los Angeles, later rescinded them after determining that they may be unconstitutional.

Norwalk, however, has tailored its law to bill parents for a “user’s fee” rather than charging them an outright fine, said Kevin R. Gano, the city’s public safety administrator.

Each time a minor is arrested in Norwalk, the parents are sent a letter informing them of the city’s parental liability law. If the minor is charged a second time, the parents are billed for the administrative costs of booking and processing their child, Gano said.

In the nearly two years that the law has been on the books, Norwalk has collected $1,600 in such payments, but about $5,000 of the bills remain unpaid, Gano said. He added that he has mailed out more than 430 warning letters to parents, and if they continue to decline to pay and are homeowners, the city could place a lien on their properties.

To date, Norwalk’s fee-collection practice has not been challenged in court, Gano said. But Orange County legal officials said it is unlikely that a court could order delinquent parents to pay.

“We really don’t know,” said Douglas Woodsmall, head of the gang unit in the Orange County district attorney’s office. “You’d need a legal opinion from somebody as to whether this statute would stand up if there were a legal challenge.”

“And I don’t think you’d want to hear the answer,” added Deputy County Counsel Iryne C. Black, speaking to task force members. “There is no quick fix, as in if you make parents pay, this is going to stop.”

When polled, a handful of more than two dozen task force members said they believed the group should study the idea further.

The loosely organized task force, formed this summer by County Supervisor Harriett M. Wieder, includes law enforcement officials, legal advisers and representatives from anti-gang community groups from the nine northwest county cities in her district.

Wednesday’s gathering at Huntington Beach City Hall was the group’s second meeting to discuss ways that public agencies and community organizations can work together to fight the county’s growing gang problem.

As for long-term measures to stem the problem, most members said they favored expanding parental education, school involvement and establishing a community referral center. Wieder said she hopes within six months to expand her task force countywide.

Assemblyman Tom Umberg (D-Garden Grove), who also attended the meeting, said he is considering proposing a bill to the state Legislature that could give courts more liberty to propose parental fines as alternative penalties in gang-related crime convictions.