County of Santa Clara v. Hiram G.

The father of Jerald C., a minor, appeals from an order requiring reimbursement to the County of Santa Clara for the costs of the care and support of Jerald while in custody.

Jerald was declared a ward of the court pursuant to Welfare and Institutions Code section 602 1 and was placed in custody at juvenile hall and boys ranch. He was subsequently committed to the California Youth Authority. The county sought reimbursement under the provisions of section 903 at the rate of $265 per month for juvenile hall and boys ranch custody for periods prior to September 1980, at the rate of $33 per day for 33 days in juvenile hall in October and November 1980, and at the rate of $25 per month for the subsequent commitment to the California Youth Authority. After a hearing, appellant was ordered to pay the above amounts at the rate of $100 per month. 2

Section 903 provided: “The father, mother, spouse, or other person liable for the support of a minor person, the estates of such persons, and the estate *5 of such minor person, shall be liable for the cost of his care, support, and maintenance in any county institution in which he is placed, detained, or committed pursuant to the…

This litigation has been pending far too long. Since the fault is chiefly, if not exclusively, mine, I shall try to help us close the book on this case by being brief.

When the court filed its first opinion, I felt that it painted with too broad a brush. I said so in a concurring and dissenting opinion in which I was joined by Justice Reynoso. I still feel the same way. My basic theory is this: it is undeniable that equal protection principles do not permit us to saddle a tiny segment of the public with the cost of protecting society from persons who, for one reason or another, must be confined in institutions. Yet if such a person has someone who is legally responsible for supporting him with the necessaries of life—food, clothing, shelter—I see no reason why the state cannot charge the responsible party for whatever he saves by not having to support the person “on the outside.” The plurality suggests that such a scheme “would betray a misguided sense of values.” Perhaps *12 so, but it is not for us to make value judgments concerning legislation which passes constitutional muster. 1

It was my original belief that we already had such legislation on the books and that all we had…