AUSTIN, Texas — The U.S. Department of Justice (DOJ) released a report Thursday that concludes that the Texas Juvenile Justice Department (TJJD) shows a pattern of violating the civil rights of children detained in its facilities.
The 73-page report describes dozens of incidents of physical, mental and sexual abuse at TJJD facilities across Texas.
What the investigation found
The DOJ investigation revealed five facilities across the state failed to adhere to the U.S. Constitution, the Americans with Disabilities Act and the Individuals with Disabilities Education Act.
These locations include the Evins Regional Juvenile Center in Edinburg, Texas; the Gainesville State School District; the McClennan County State Juvenile Correctional Facility; the Ron Jackson State Juvenile Correctional Complex in Brownwood, Texas; and the Giddings State School.
All five facilities were inspected by the DOJ twice across 13 in-person visits. Hundreds of children and security staff, facility leadership, clinicians, teachers and more were interviewed. According to the DOJ, the investigation found all five facilities did not keep children safe from sexual abuse. They also reportedly placed juveniles in isolation for extended periods and used extreme physical force as a form of punishment.
While reports of sexual abuse have surrounded the TJJD for decades, the DOJ found a pattern of abuse during its investigation.
In one incident, a staff member was reportedly caught on camera entering a closet and turning the light off while waiting for a child to enter. After they exited the closet, the staff member and child "lean forward and kiss each other on the lips."
Another incident revealed a staff member mailed a child about 50 pictures of herself, two of which were nude. The staff member engaged in inappropriate phone calls with the child and they had allegedly tattooed each other's names on their wrists.
Uses of excessive force on children
Investigators also found that TJJD staff "often use far more pepper spray, and deploy it far more frequently" than needed against threats.
Staff were armed with enough pepper spray "intended for use when managing large crowds" and often sprayed them "directly into a child's face at very close range for excessive lengths of time."
Investigators also found multiple staff members spraying kids at the same time, which resulted in "staff and children becoming physically incapacitated to the point of vomiting." There were also many incidents where bystanders experienced secondary exposure to pepper spray and were sent to their cells without a chance to decontaminate.
Videos also show an October 2023 incident that led to assault charges on a staff member after reportedly lifting a child and slamming him to the floor. According to the investigation, the child suffered a cut above the eye and a concussion.
Another incident led to criminal charges against two staff members at the Evins facility. One staff member slammed the child's head into a brick pillar, knocking him unconscious. Another staff member then allegedly turned off his body camera and spat on the unconscious child and ragged him. The child was reportedly handcuffed during the entire incident.
Staff failing to comply with body camera policies appeared to be a constant theme at TJJD facilities. According to the report, an internal audit found that 63% of staff turned off their body-worn cameras while conducting cell checks, talking to or supervising children, or talking to each other.
What the DOJ is recommending
In hopes of addressing the violations, the DOJ recommended a series of changes to TJJD facilities:
- Lessening the use of physical force and instead relying on conversation when possible. This also involves getting rid of MK-9 pepper spray, particularly for children with severe health concerns. Law enforcement on site should also use body cams
- Creating a new behavioral management system that provides positive reinforcement, daily structured activities and consequences that align with actions
- Eliminating isolation and the usage of long periods in Regulation & Safety Units. Those in the units should be given mental health services and reviews before entering, proper exercise, access to hygiene centers and more
- Increasing supervision and healthy interactions to eliminate sexual abuse
- Offering mental health screenings, continued assessments, treatment programs and more
- Providing Individualized Education Plans, assessments, special instructions, placements, services and more for children with disabilities
- Creating a system to monitor programs while offering necessary support, intervention plans, educational opportunities, etc. for those with disabilities
- Giving children a grievance system that includes a hotline and grievance box to issue any complaints
TJJD responds to DOJ's report
Officials with the TJJD said the DOJ visited its facilities in 2022 when the department was dealing with "unprecedented staffing shortages."
A spokesperson gave KVUE the following statement:
"We have a zero-tolerance policy toward abuse and neglect and have always fully rejected any abusive behaviors at our campuses."