U.S. DOJ Finds Children Are in “Unconstitutional Conditions” at All Five Texas Juvenile Justice Department Facilities

AUSTIN, Texas – Today, the U.S. Department of Justice released its findings of the investigation into Texas’ five juvenile justice state secure facilities run by the Texas Juvenile Justice Department (TJJD). In October 2020, Texas Appleseed and Disability Rights Texas, two nonprofit justice and legal organizations, filed a complaint with the DOJ asking the Department to open an investigation based on unconstitutional conditions and grievous violations of children’s constitutional rights. The DOJ opened an investigation in 2021 and, in 2022, expanded it to include special education issues.

The DOJ substantiated issues outlined in the 2020 complaint and announced its findings that the TJJD is violating the U.S. Constitution, as well as the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).

“We are grateful to the DOJ for their thorough investigation and detailed findings. The issues their investigation identified are systemic problems that have plagued the Texas Juvenile Justice Department for years. We are hopeful this will be a turning point for youth in these facilities,” said Brett Merfish, Director of Youth Justice at Texas Appleseed.

“The investigation confirms TJJD’s discrimination against children with disabilities is pervasive throughout the system,” said Brittany Norman, DRTx Attorney. “The DOJ’s findings confirm that TJJD fails to provide behavioral and mental health supports and special education to youth with disabilities, harming these youth in their care.”

According to the DOJ, their report concluded that:

• TJJD routinely violates the constitutional rights of children in all five facilities by:
  • Exposing them to excessive use of force
  • Prolonged isolation 
  • Failing to protect children from sexual abuse; and 
  • Failing to provide adequate mental health services
• TJJD violates the IDEA by failing to provide special education and related services to children with disabilities
• TJJD discriminates against children with disabilities in violation of the ADA by:
  • Not providing reasonable modifications necessary to permit their participation in programming required for release; and 
  • Denying them an equal opportunity to benefit from education

The five TJJD youth facilities investigated were Evins Regional Juvenile Center, Gainesville State School, Giddings State School, McClennan County State Juvenile Correctional Facility, and Ron Jackson State Juvenile Correctional Complex.

The findings released today uphold the concerns advocates and justice-involved individuals have been raising for years. Above all, the Department’s report is a victory for all of the youth who have been and currently are impacted by the Texas Juvenile Justice Department. 

You can read the full report here at the DOJ’s website. 

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MEDIA NOTE:
The DOJ will discuss their findings at 4 p.m. EST August 1, 2024. Link to Zoom Meeting

About Texas Appleseed
As one of the most trusted resources for data-driven policy analysis and solutions, Texas Appleseed advocates at the state and local level for fair, just, and equitable laws. Our work has shaped hundreds of laws and positively affected millions of Texans by breaking down barriers through transformative policy solutions. Visit www.texasappleseed.org for more information.

About Disability Rights Texas
Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas established in 1977. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society.