The U.S. Department of Justice (DOJ) this week released a report revealing significant violations of constitutional and federal laws within five facilities operated by the Texas Juvenile Justice Department (TJJD).
The DOJ allegedly found patterns of abuse, deprivation of essential services, and disability-related discrimination, which violate the U.S. Constitution, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA).
The DOJ report highlighted issues such as the use of excessive force, prolonged isolation, failure to provide adequate mental health services, and failure to protect against sexual abuse.
“Children are committed to TJJD facilities to receive treatment and rehabilitation so that they may return to their communities as law-abiding, productive citizens,” Assistant Attorney General Kristen Clarke said in a prepared statement.
She added that the investigation provided “reasonable cause to believe that, far from achieving those objectives,” the TJJD engaged in acts “that seriously harms children and undermines their rehabilitation.”
The report documents instances where staff allegedly used pepper spray as a first response to behavior, including an incident in which a child was sprayed for slamming a washing machine door.
The investigation also found that the TJJD violated the Individuals with Disabilities Education Act by failing to provide special education and related services, and discriminated against children with disabilities in violation of the Americans with Disabilities Act.
“States that receive federal funds to help educate children with disabilities are required to use those funds appropriately for the benefit of these children,” U.S. Attorney for the Eastern District of Texas Damien M. Diggs said. “Systematically failing to evaluate children suspected of having disabilities inevitably deprives these children of the special education these funds were meant to provide.”
The DOJ’s findings also underscored a “racial justice issue,” as approximately 80 percent of children in TJJD facilities are black or Latino, Clarke said.
U.S. Attorney for the Western District of Texas Jaime Esparza emphasized the vulnerability of children in these facilities, stating, “The children in these facilities are uniquely vulnerable to harm and abuse, which hinders their prospects for rehabilitation.”
The DOJ said it is committed to working with Texas officials to address the violations and implement necessary reforms.
The Texas Juvenile Justice Department, in an emailed statement to The Epoch Times, acknowledged the report and highlighted ongoing efforts to improve conditions.
“We have a zero-tolerance policy toward abuse and neglect and have always fully rejected any abusive behaviors at our campuses,” the TJJD spokesperson said in the statement.
The agency noted that it has implemented several improvements, including a 20 percent increase in staff salaries over the past two years, hiring more mental health professionals, and introducing a holistic rehabilitative program using “dialectical behavior therapy,” which has reportedly reduced disruptions and self-harm incidents.
The TJJD spokesperson also pointed to legislative support, stating, “Thanks to the investment in TJJD by the 88th Texas Legislature and support from the Governor’s Office, we have already made several recent significant improvements in our staffing, mental health care and educational programs.”
Assistant Attorney General Kristen Clarke concluded her remarks by urging Texas to seize the opportunity for reform, quoting Nelson Mandela: “There can be no keener revelation of a society’s soul than the way in which it treats its children.”
