DOJ accuses Texas of 'pattern of abuse' at 5 youth facilities

AUSTIN (KXAN) — The U.S. Department of Justice (DOJ) issued a scathing report Thursday morning accusing Texas of having unconstitutional conditions at five of its state-run youth facilities.

During a virtual news conference, federal prosecutors said they concluded an investigation that began in Oct. 2021 into a handful of Texas Juvenile Justice Department (TJJD) facilities after initially receiving a complaint from two advocacy organizations. The facilities in question included the Evins Regional Juvenile Center, the Gainesville State School, the Giddings State School, the McClennan County State Juvenile Correctional Facility and Ron Jackson State Juvenile Correctional Complex.

Kristen Clarke, the assistant attorney general for the DOJ's civil rights division, said the state did not uphold its promise to provide treatment and rehabilitation to the children committed to its facilities.

"Our investigation provides reasonable cause to believe that far from achieving those objectives, TJJD engaged in pattern of abuse, deprivation of essential services and disability-related discrimination that seriously harms children and undermines their rehabilitation, all in violation of their rights under the Constitution, the Individuals with Disabilities Education Act and the Americans with Disabilities Act," Clarke said Thursday.

Clarke said the report details abuse that kids faced while in custody at these five TJJD facilities. That included staff members using excessive force, like pepper spraying children in the face. Federal prosecutors also said the agency subjected kids to "prolonged periods in isolation," alleging that those sometimes lasts days or even weeks in cells.

The report also identified a "persistent pattern of sexual abuse" at these facilities, often perpetrated by workers. The investigation further alleged that kids in TJJD custody did not receive the appropriate mental health treatment or special education services they needed.

KXAN reached out Thursday afternoon to TJJD for comment about the DOJ report, and this story will be updated once any responses are shared.

Clarke said the DOJ met with Texas leaders Thursday and presented the report to them, which also offered reforms for the state to work toward implementing. Federal prosecutors said those proposed changes include requiring staff to do verbal de-escalation instead of using force, training staff on restraint techniques, prohibiting isolation as a use of punishment and resulting to isolation only to kids who are a serious, imminent threat.