Learning that your child has gotten in trouble with the law is one of the most difficult and stressful times in a parent or guardian’s life. But in Wisconsin, courts can make matters worse by charging families thousands of dollars, sometimes even garnishing tax returns or wages if families can’t pay. 

This past fall, the Wisconsin Department of Children and Families took a first step towards debt free justice by releasing new guidance for counties around fines and fees for youth involved in our justice system.

Debt Free Justice

Because of Wisconsin’s disjointed youth justice system, every county in the state has their own process for assessing and collecting fines and fees for youth involvement in the justice systems. For several years, we’ve been working with the Wisconsin Debt Free Justice Coalition—which includes National Center for Youth Law, ACLU of Wisconsin, Juvenile Law Center, and Kids Forward—to eliminate the fines and fees that stretch families beyond their means during an already difficult time. 

We’re happy to share that—after years of advocacy, education, and storytelling—the Wisconsin Department of Children and Families (DCF) have updated their guidance for counties. 

Fines & Fees Harm Wisconsin Families

• Fines and fees increase the chances of recidivism and the cycle of incarceration¹ for youth. Youth may be charged with probation violations, unable to expunge their record, or have their debt referred to collections in as little as 90 days because of their inability to pay. These scenarios all make it significantly more difficult for rehabilitation to take place.
• Fines and fees worsen the cycle of poverty for both youth and their families.² Youth experiencing poverty are often over-represented in the juvenile justice system. Unequal access to quality counsel, increased likelihood of child welfare involvement , and disproportionately high levels of policing in low-income schools and neighborhoods all contribute to a very expensive cycle of justice involvement. For example, some counties charge families as much as $225 a day for juvenile detention, and $10 a day for electronic monitoring. 

“There are many times where we are asking youth to pay money when the family can’t even pay their own bills.”

– Human Service Worker, Southeast Wisconsin

• Fines and fees deepen racial disparities³ in an already racially disparate state. Wisconsin has the tragic distinction of incarcerating Black youth at a rate far higher than almost any other state in the country. Not only are Black youth more likely to be arrested, they’re treated with disproportionate harshness as they go deeper into the system. Every touchpoint in the process means disproportionately more fines and fees for these young people and their families.
• Deep confusion and inconsistent practices⁴ among county entities make it hard for families to navigate fines and fees and not fall behind on payments. The maze of our juvenile justice system is  deeply confusing. Too often, youth and families have a hard time keeping track of the various requirements and deadlines, which makes it even harder to pay the many fines and fees.

“I don’t know how many thousands my child has paid out. I believe I paid around $3250.00. Requiring a parent to pay thousands of dollars for mandated treatment fees when there is no consideration of a parent’s ability to pay and the hardship it places on them and the family only exacerbates the problems.”

– Parent of impacted youth, Northwest Wisconsin 

Little Financial Gain for County Human Service Agencies 

In addition to the harm done to everyday families, the financial gain⁵,⁶ to counties is negligible at best. As the ‘DCF 1 Best Practices’ states, “when the time and resources spent on collection are considered, it is difficult to assess whether they generate revenue at all. A revenue-neutral (or even net-negative) system of fines and fees serves no purpose other than to place an unnecessary and punitive burden on families.” 

New Guidance Doesn’t Completely Eliminate Fines & Fees

While the new guidance doesn’t completely order all fines and fees to be eliminated, it does give counties the ability to waive or limit them if one of the following exists: 

• Collection is inappropriate due to the needs of the liable individual or their family.
• Collection is administratively unfeasible. 
• Collection would significantly prevent accomplishing the purpose of the service.
• The liable individual is receiving Medical Assistance, Supplemental Security Income, or Social Security Disability Insurance.
• The liable individual’s maximum monthly payment ability  is $0. 

View the new frequently asked questions and best practices here.

Our Recommendation: Eliminate all Fines & Fees for Justice-Involved Youth

Kids Forward and the Wisconsin Debt Free Justice Coalition strongly recommend that counties use their power to completely eliminate all fines and fees for and justice-involved youth and their families.  

The new DCF guidelines encourage counties to avoid charging families fines and fees, but Wisconsin lawmakers can join this effort by changing state law.

Learn More about the Impact of Fines and Fees

• Improving Outcomes in Wisconsin’s Youth Justice System: Fines, Fees, & Community Supervision
• Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System
• The Complex Maze of the Juvenile Justice System in Wisconsin and Its Impact on Youth of Color

1. Earle Maggie, The Complex Maze of the Juvenile Justice System in Wisconsin and Its Impact on Youth of Color, Kids Forward, 2018 ↩︎
2. WI Stat § 938.137 (1) (2006); Jessica Feierman, et. al., Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System, Juv. L. Ctr., 2016; See also Wisconsin Statutes, Juvenile Law Center. 
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3. Jessica Feierman, et. al., Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System, Juv. L. Ctr., 2016 ↩︎
4. Genevieve Caffrey et. Al., Improving Outcomes in Wisconsin’s Youth Justice System Post-Pandemic: Fines, Fees, and Community Supervision, KidsForward, at pp 18-1939, 2021. ↩︎
5. Genevieve Caffrey et. Al., Improving Outcomes in Wisconsin’s Youth Justice System Post-Pandemic: Fines, Fees, and Community Supervision, KidsForward, at pp 18-19, 2021. ↩︎
6. Department of Justice Dear Colleague Letter (2023). Department of Justice. ↩︎