The Texas Juvenile Justice Department is under scrutiny following a report by the U.S. Department of Justice (DOJ) that alleges widespread mental, physical, and sexual abuse in the state’s youth facilities. While the governing board of the Texas Juvenile Justice Department has disputed the accuracy of the report, criminal justice reform advocates are calling for immediate action to address the systemic issues that have plagued children incarcerated in the state’s facilities for decades.
Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division highlighted in the report that the Texas Juvenile Justice Department engaged in a pattern of abuse, deprivation of essential services, and disability-related discrimination that seriously harms children and undermines their rehabilitation. The report detailed instances of excessive physical force, the overreliance on chemical spray as a first resort in de-escalation, prolonged solitary confinement, and a pervasive atmosphere of sexual abuse, grooming, and lack of staff accountability and training at TJJD.
During a recent board meeting, TJJD Chairman Scott Matthew expressed the board’s commitment to making improvements and aligning more closely with advocates in the future. However, he also raised concerns about the validity of the DOJ’s report, stating that, based on his personal experience, he believes it is not completely accurate. This response has left many advocates frustrated, as they see it as a continuation of the state’s dismissiveness towards the well-being of incarcerated youth.
Executive Director Shandra Carter acknowledged the public’s distress and attributed some of the issues within the agency to staffing shortages at the time of the DOJ’s investigation. She highlighted the challenges faced by the agency, including facilities operating at double their safe capacity and a backlog of youth waiting to be transferred from county partners to TJJD. Carter commended employees who remained dedicated to their work despite staffing shortages but also acknowledged that some staff members have tarnished the agency’s reputation through their actions.
During the public comment period of the board meeting, Jennifer Toon, Project Director of the Lioness Justice Impacted Women’s Alliance, emphasized that the systemic failures of youth lockups are not solely due to staffing levels but are inherent in the nature of carceral systems. She called on the board to prioritize the well-being of the children in their care over other considerations such as careers or paychecks.
While the TJJD has made efforts to address the issues raised in the DOJ’s report, including offering a 15% salary increase to retain employees and hire new staff, advocates like Toon believe that more fundamental changes are needed to ensure the safety and rehabilitation of incarcerated youth. Toon, who spent over two decades in the criminal justice system, emphasized that carceral settings are inherently harmful, especially to children, and that true rehabilitation requires a shift away from punitive measures.
Chief Inspector General Daniel Guajardo defended the agency’s operations and culture, disputing some of the DOJ’s assessments in the report. He emphasized that each use of force, including pepper spray, is thoroughly reviewed by an independent team of investigators within the agency and that policy violations are taken seriously. While Guajardo acknowledged that there are bad actors within the agency, he believes they represent a small percentage of staff compared to the overall workforce.
Alycia Castillo, Associate Director of Policy at the Texas Civil Rights Project, expressed disappointment that the board did not press Guajardo for more details about the allegations in the report. She stressed the importance of addressing the systemic issues within the agency that allow for abuse and harm to occur, regardless of the intentions of individual staff members.
As the TJJD works to address the recommendations provided by the DOJ, there is a renewed focus on ensuring that the well-being and rehabilitation of incarcerated youth are prioritized. While progress has been made, advocates continue to push for more significant changes to the system to prevent further harm to vulnerable youth and promote their successful reintegration into society.