The Justice Department has issued a damning report on the state of juvenile justice facilities in Texas, announcing findings of significant constitutional breaches. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division highlighted the egregious violations, stating, "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 went on to elucidate that, instead, the investigation uncovered a pattern of abuse, deprivation of essential services, and disability-related discrimination that seriously harms children and undermines their rehabilitation.
Through an investigation initiated in October 2021, the Justice Department examined conditions at five facilities including Evins Regional Juvenile Center and Gainesville State School, among others. Findings were that the Texas Juvenile Justice Department (TJJD) routinely subjects children to excessive force, and prolonged isolation, moreover fails to protect them from sexual abuse. The report also indicated that these facilities offer inadequate mental health services. This troubling environment not only threatens the physical and psychological well-being of the youth but also significantly impedes their prospects for rehabilitation.
In terms of educational provisions, TJJD allegedly violates the Individuals with Disabilities Education Act (IDEA) by not providing necessary special education services, infringing on the rights of children with disabilities. The Americans with Disabilities Act (ADA) also appears to be breached, with the department citing that reasonable modifications for participation and equal educational benefits are not furnished, according to the Justice Department's announcement.
U.S. Attorney Jaime Esparza for the Western District of Texas pointed out that "The children in these facilities are uniquely vulnerable to harm and abuse, which hinders their prospects for rehabilitation." Esparza stated that these children deserve to be protected and to receive adequate care to afford them a chance at productive lives. Furthermore, U.S. Attorney Alamdar S. Hamdani lamented past failed efforts to address sexual abuse within the facilities, underscoring the report's findings that such abuse persists. The attorneys are committed to working with state officials to adopt reforms that address these issues head-on.
The Justice Department hopes that by bringing these violations to light, necessary reforms will be implemented, and the state will comply with its obligation to foster a rehabilitative environment for children. The Civil Rights Division's Special Litigation Section, along with the U.S. Attorneys’ Offices in Texas, conducted the case investigation and now looks forward to a cooperative effort with Texas authorities to revamp policies and practices in the juvenile justice system. Concerned parties are encouraged to report civil rights violations related to this investigation by contacting 1-866-432-0438 or sending an email to [email protected].
