Assistant Attorney General Kristen Clarke announced the findings of a statewide civil rights investigation into the Texas Juvenile Justice Department (TJJD) on August 1, 2024. The investigation, conducted by the U.S. Department of Justice, examined five juvenile justice facilities in Texas.
"Children are committed to TJJD facilities to receive treatment and rehabilitation so that they may return to their communities as law-abiding, productive citizens," Clarke stated. However, the investigation found that TJJD engaged in "a pattern of abuse, deprivation of essential services and disability-related discrimination."
The comprehensive report covers conditions at Evins Regional Juvenile Center in Edinburg, Gainesville State School in Gainesville, Giddings State School in Giddings, McClennan County State Juvenile Correctional Facility in Mart, and Ron Jackson State Juvenile Correctional Complex in Brownwood.
The report details various forms of abuse within these facilities. It highlights incidents where staff used excessive force and pepper spray on children for minor infractions. "Staff pepper spray children as a first response to behavior that should have been addressed without force," Clarke noted.
Additionally, children were subjected to prolonged isolation periods without access to education or programming. This isolation led to severe psychological effects such as hallucinations, paranoia, depression, anxiety, self-harm, and suicide.
The investigation also uncovered a persistent pattern of sexual abuse by TJJD staff members. Furthermore, it found that TJJD failed to provide necessary mental health treatment and special education services.
"For the first time," Clarke emphasized, "our report today makes clear that the Americans with Disabilities Act requires states to provide children with disabilities in juvenile justice facilities the supports and services they need." The failure to provide these supports has resulted in extended custody periods for many children with disabilities.
The report indicates that around 85% of children in TJJD's secure facilities have significant mental health needs requiring treatment. At least one-third are eligible for special education services. Despite this high need level, TJJD often placed these children in restrictive programs without adequate support.
One example cited involved a child who had nearly 370 incidents related to disability behaviors but was repeatedly sent to restrictive programs instead of receiving appropriate support. Another case described a child who entered TJJD's custody at age 11 and experienced severe mental health deterioration before being transferred to adult prison at age 16; he died by suicide six months later.
Clarke highlighted that approximately 80% of children in TJJD’s secure facilities are Black or Latinx: "This is a racial justice issue."
The investigation was conducted under federal laws authorizing the Justice Department to investigate state institutions for systemic violations of children's constitutional rights. The team consulted experts and inspected all five facilities while speaking with hundreds of individuals involved with TJJD.
Clarke acknowledged Texas officials' cooperation during the investigation and expressed hope for an agreement on necessary actions: "We look forward to working together to improve conditions."
Quoting Nelson Mandela's words about society's treatment of its children as a reflection of its soul, Clarke concluded by urging Texas officials to seize this opportunity for reform: "Right now we can resolve the systemic problems plaguing these facilities."