Justice Department investigation finds unconstitutional conditions at Texas juvenile justice centers: ‘Pattern of abuse’

A U.S. Department of Justice investigation into facilities run by the Texas Department of Juvenile Justice found that conditions violate the Constitution and cause serious harm to children.

Federal investigators accuse TJJD of engaging in a “pattern of abuse” at its five secure facilities across the state:

• Evins Regional Youth 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 Justice Department says it inspected all sites multiple times, spoke to hundreds of children in custody as well as TTJD staff, and viewed hundreds of hours of video.

Investigators found that the state uses excessive force against children, both physical and chemical, such as pepper spray. Youth spend extended periods of time in solitary confinement, posing a serious threat to their mental health and well-being. The Texas Juvenile Justice Department (TJJD) fails to 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, undermining children’s rehabilitation and setting them up for failure, both within the facility and in the long term,” said Kristen Clarke, Assistant Attorney General for the U.S. Department of Justice’s Civil Rights Division.

According to the report, TJJD also discriminates against children with disabilities in violation of the ADA by failing to provide reasonable modifications necessary to enable their participation in programming required for their release and by denying them an equal opportunity to benefit from education.

“Texans know this is not how we rehabilitate our children,” said Leigha Simonton, U.S. Attorney for the Northern District of Texas. “And I’m sure the state and TJJD leaders would agree and want to take steps to correct these problems immediately. And that’s why this report doesn’t just point out problematic behaviors, it recommends solutions to eliminate these practices.”

TJJD says it worked closely with Department of Justice investigators during its site visits in 2022, which occurred at “the peak of the agency’s unprecedented staffing shortages.”

In a statement, the agency said, in part, “At TJJD, we continually work to improve our operations and services for the youth in our care and the Texas communities we protect. We have a zero-tolerance policy toward abuse and neglect and have always completely rejected any abusive behavior on our campuses. Thanks to the investment in TJJD by the 88th Texas Legislature and the support of the Governor’s Office, we have already made several recent significant improvements to our staffing, mental health care, and educational programs.”

Over the past two years, TJJD has taken these steps, which have increased supervision and security on our campuses:

• Increased salaries for direct care staff by 15% in 2022 and another 5% in 2023, increasing JCO staffing by approximately 30%.
• More mental health professionals were hired and enhanced stabilization units were added to provide more intensive supervision and care to youth with high mental health needs.
• Enhanced training for JCOs, case managers, and all campus staff.
• A holistic rehabilitation program using dialectical behavioral therapy has been added, which is already reducing disruptions and self-harm incidents.
• Strengthened its multi-tiered support system for youth who have behavioral challenges or academic needs.

The Justice Department’s 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 comply with the law.

Last month, community activists raised concerns about conditions inside the juvenile detention center. They said youths held there were confined to their cells, unable to go outside or shower and given no time to go to school.

Henry Wade leaders held a press conference a few days later to refute those allegations, citing their recent TJJD inspections, which found no cases of inhumane treatment.

Dallas County Judge Clay Jenkins has long called for a neutral third party to review data on what is happening to youth at Henry Wade.

CBS News Texas has asked the Dallas County Juvenile Justice Department for its response to the DOJ’s investigation, given that the TJJD is responsible for some supervision of Henry Wade, but has not yet received a response.

The facility’s CEO resigned just two weeks ago amid controversy surrounding conditions there.