The U.S. Department of Justice has uncovered a slew of constitutional violations in all five of Texas' juvenile detention facilities. Young offenders housed in these units were found to be subject to excessive force, sexual abuse, and discrimination, particularly affecting disabled children who reportedly faced extended periods of incarceration or were transferred to adult prisons, according to a report released yesterday and detailed by the Texas Tribune.
Launched in October 2021, the DOJ's investigation paints a grim picture with findings that showed a pervasive use of pepper spray, dangerous restraint methods, and prolonged isolation. With a mission to rehabilitate, the Texas Juvenile Justice Department (TJJD) has, according to U.S. Attorney Leigha Simonton, failed to create a nurturing environment, instead perpetuating harm upon the children in their care. Simonton lamented, "Instead, some of its personnel engage in the use of excessive force and subject children to prolonged isolation, both of which are damaging," lamenting an approach far from the Texan ideology of youth rehabilitation.
Adding insult to injury, the DOJ report outlined the agency’s failure to protect children from sexual abuse, citing deficiencies in staff accountability, training, and an overwhelming atmosphere of sexual misconduct. The Texas agency, charged with the rehabilitation of about 700 youth offenders ranging from 10 to 19 years of age—predominantly Black or Latino—stands accused of not providing adequate mental health and education services.
Troublingly, the report identified disabled children at TJJD who were often expelled from programs, on account of their disability-related behavioral issues, without any reasonable modifications being made—a direct contradiction to federal law, which mandates "free appropriate public education." The report further empathizes that these children, grappling with severe mental health needs, are left without sufficient trauma-informed care, placing them at risk for self-harm or even suicide.
In response to the report, TJJD has claimed that steps are being taken to address these issues, highlighting a recent wage increase and enhancements in staff training, as obtained by the Texas Tribune. However, history echoes with a surfeit of past allegations and reforms aimed at these same facilities, underscoring a cyclic narrative of abuse and inadequacy within Texas’ juvenile justice system.
Advocates and officials alike are calling for a radical transformation of these institutions, seeking to redefine their mode of operation to better serve the young individuals under their guardianship. As reported by the Texas Tribune, Brett Merfish of Texas Appleseed expressed a sense of validation from the DOJ's findings and underscored the need for systemic change. The federal government now looks towards a cooperative agreement with Texas to enact recommended reforms, although legal action looms as a possibility should the state fall short in addressing these grave concerns.
