DOJ says Texas Juvenile Justice facilities violate Constitution: report
Texas - The U.S. Department of Justice has concluded the Texas Juvenile Justice Department (TJJD) violated the U.S. Constitution, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA).
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated the investigation found TJJD had a pattern of abuse, lack of essential services, and disability-related discrimination, harming kids and going against their rehabilitation objectives.
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"State officials have an obligation to keep these children safe, to teach them, to provide them necessary health services, and to treat them fairly, without discrimination," Clarke stated. "The Justice Department is committed to protecting the rights of vulnerable children in juvenile facilities. We look forward to working with state officials to remedy these violations, institute needed reform and improve outcomes for Texas children."
For the DOJ report, they investigated five TJJD youth facilities, including the Evins Regional Juvenile Center, Gainesville State School, Giddings State School, McClennan County State Juvenile Correctional Facility, and Ron Jackson State Juvenile Correctional Complex.
SEE THE FULL REPORT BELOW.
Based on their investigation of those facilities, the DOJ found:
- TJJD routinely violates the constitutional rights of children in all five facilities by:Exposing them to excessive force and prolonged isolation;Failing to protect children from sexual abuse; andFailing to provide adequate mental health services.
- Exposing them to excessive force and prolonged isolation;
- Failing to protect children from sexual abuse; and
- Failing to provide adequate mental health services.
- TJJD violates the IDEA by failing to provide special education and related services to children with disabilities.
- TJJD discriminates against children with disabilities in violation of the ADA by:Not providing reasonable modifications necessary to permit their participation in programming required for release andDenying them an equal opportunity to benefit from education.
- Not providing reasonable modifications necessary to permit their participation in programming required for release and
- Denying them an equal opportunity to benefit from education.
According to the DOJ, the violations of the Constitution and federal law place children at substantial risk of serious physical and psychological harm and prevent successful outcomes for children.
The investigation into TJJD's facilities was launched in October 2021 under the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994, which authorizes the DOJ to address a pattern or practice of the violation of constitutional and federal rights of children in state or local government-run correctional facilities.
"The conditions in the facilities are unacceptable," said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. "Children in these facilities face sexual abuse by staff and other children. This is not the first investigation into allegations of sexual abuse at TJJD facilities, yet the problem persists."
"According to our report, TJJD falls short of creating an environment that fosters rehabilitation," said U.S. Attorney Leigha Simonton for the Northern District of Texas.
TJJD provided this response to the DOJ report:
"At TJJD we are continually working to improve our operations and services to the youth in our care and the communities of Texas we protect. We have a zero-tolerance policy toward abuse and neglect and have always fully rejected any abusive behaviors at our campuses.
Thanks to the investment in TJJD by the 88th Texas Legislature and support from the Governor’s Office, we have already made several recent significant improvements in our staffing, mental health care and educational programs.
TJJD worked closely with DOJ investigators during their site visits in 2022, the peak of the agency’s unprecedented staffing shortages. We provided extensive responsive material and appreciate the DOJ’s professionalism throughout this process.
In the last two years, TJJD has taken these steps, which have increased supervision and safety at our campuses:
- Raises for direct care staff salaries of 15 percent (2022), and another 5 percent in 2023, enabling us to increase our JCO strength by about 30 percent.
- Hired more mental health professionals and added enhanced stabilization units to provide more intensive supervision and care for youth with high mental health needs.
- Improved training for JCOs, Case Managers and all campus staff.
- Added a wholistic rehabilitative program that uses Dialectical Behavior Therapy, which is already reducing disruptions and self-harm incidents.
- TJJD schools have strengthened their multi-tiered system of supports for youth struggling with behavior or academic needs"
The Civil Rights Division’s Special Litigation Section and the U.S. Attorneys’ Offices in Texas investigated the case.