DOJ investigation finds unconstitutional conditions at Texas juvenile justice facilities: "Pattern of abuse"
A U.S. Department of Justice investigation into facilities run by the Texas Juvenile Justice Department found conditions violate the Constitution and cause children serious harm.
Federal investigators accuse TJJD of engaging in a "pattern of abuse" at its five secure facilities across the state:
- Evins Regional Juvenile Center in Edinburg
- Gainesville State School in Gainesville
- Giddings State School in Giddings
- McClennan County State Juvenile Correctional Facility (Mart) in Mart
- Ron Jackson State Juvenile Correctional Complex in Brownwood
The DOJ says it inspected all of the sites multiple times, spoke to hundreds of children in custody as well as TTJD staff, and watched hundreds of hours of videos.
Investigators found the state uses excessive force on children, both physical and chemical, such as pepper spray. Youth spend prolonged periods in isolation, posing a serious threat to their mental health and well-being. The Texas Juvenile Justice Department (TJJD) does not adequately protect children from sexual abuse by staff or other children.
"In addition to these horrific conditions, we found that TJJD deprives children of mental health treatment and special education services, which undermines children's rehabilitation and sets them up to fail, both within the facilities and in the long term," said Kristen Clarke, assistant attorney general for the Civil Rights Division at the U.S. Department of Justice.
According to the report, TJJD also 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 and denying them an equal opportunity to benefit from education.
"Texans know that this is not how we rehabilitate our children," said Leigha Simonton, U.S. attorney for the Northern District of Texas. "And I am sure the state and TJJD leadership would agree and want to take steps to correct these issues immediately. And that's why this report doesn't just flag problematic behavior. It recommends solutions to eliminate these practices."
TJJD says it worked closely with DOJ investigators during their site visits in 2022, which happened at "the peak of the agency's unprecedented staffing shortages."
In a statement, the agency said, in part, "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."
In the last two years, TJJD has taken these steps, which have increased supervision and safety at our campuses:
- Raised direct care staff salaries by 15% in 2022 and another 5% in 2023, increasing JCO strength by about 30%.
- 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 holistic rehabilitative program that uses Dialectical Behavior Therapy, which is already reducing disruptions and self-harm incidents.
- Strengthened their multi-tiered system of support for youth struggling with behavior or academic needs.
The DOJ findings echo some of the allegations about conditions inside the Henry Wade Juvenile Justice Center in Dallas.
The facility is not part of this investigation, but the state agency the department is criticizing, TJJD, is in charge of monitoring Henry Wade and ensuring staff compliance with the law.
Last month, community activists raised concerns about the conditions inside the juvenile facility. They said young people being held there were confined to their cells, unable to go outside or shower, and denied time for school.
Leaders of Henry Wade then held a news conference a few days later to refute those allegations, citing their recent inspections from TJJD, which found no instances of inhumane treatment.
Dallas County Judge Clay Jenkins has long called for a neutral third party to review the data about what's happening with the young people at Henry Wade.
CBS News Texas asked the Dallas County Juvenile Justice Department for their response to the DOJ investigation, given how TJJD is responsible for some oversight of Henry Wade, but has not heard back yet.
The executive director of the facility did resign just two weeks ago amid the controversy surrounding conditions there.