The Justice Department announced today its findings that the Texas Juvenile Justice Department (TJJD) is violating the U.S. Constitution, as well as the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).
“Children are committed to TJJD facilities to receive treatment and rehabilitation so that they may return to their communities as law-abiding, productive citizens,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation showed that, far from achieving those objectives, TJJD engaged in a pattern of abuse, deprivation of essential services and disability-related discrimination that seriously harms children and undermines their rehabilitation. 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. 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.”
The department’s report details findings from a comprehensive investigation of five TJJD youth facilities: Evins Regional Juvenile Center, Gainesville State School, Giddings State School, McClennan County State Juvenile Correctional Facility, and Ron Jackson State Juvenile Correctional Complex. The report concludes that:
- 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; 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; and
- Denying them an equal opportunity to benefit from education.
These violations place children at substantial risk of serious physical and psychological harm and impede successful outcomes for children.
“My office was proud to partner with the Civil Rights Division and with other U.S. Attorneys’ Offices in our state on this thorough investigation of the Texas Juvenile Justice Department,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “The children in these facilities are uniquely vulnerable to harm and abuse, which hinders their prospects for rehabilitation. They deserve to be protected from harm, receive adequate mental health care, special education services, and reasonable modifications that will give them a chance at productive lives in the community outside these institutions.”
“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. “Instead, some personnel engage in excessive force use and subject children to prolonged isolation—both damaging practices. Texans know this is not how we rehabilitate our children. We look forward to working with the State and TJJD towards eliminating these issues going forward.”
“The conditions in these facilities are unacceptable,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “Our investigation found that children face sexual abuse by staff and other inmates within these facilities—a problem persisting since early 2000s investigations by state agencies substantiated such allegations."
“States receiving federal funds must use those funds appropriately for educating disabled children,” stated U.S. Attorney Damien M. Diggs for Eastern District of Texas.“Systematically failing evaluations deprives these kids of special education intended by IDEA funds."
The Justice Department launched its investigation into TJJD’s juvenile justice facilities in October 2021 under relevant federal statutes authorizing it address patterns or practices violating constitutional/federal rights within correctional institutions.
For more information about Civil Rights Division/Special Litigation Section visit www.justice.gov/crt/special-litigation-section or report civil rights violations via civilrights.justice.gov.
To provide information related specifically regarding this investigation call 1-866-432-0438 or email TX.Juveniles@usdoj.gov.
Spanish translation forthcoming (La traducción al español estará disponible próximamente.)