FINDINGS The United States provides notice of the following identified conditions: • Protection from harm: Children in TJJD’s secure facilities are often exposed to excessive physical and chemical force. Children also spend prolonged periods of time in isolation, under stark conditions and without access to adequate mental health and educational services. And children endure sexual abuse by both staff and other children. These conditions cause children serious harm and violate the Constitution. • Mental health care: Children in TJJD’s secure facilities do not receive adequate mental health assessments, treatment planning, and counseling services. TJJD also fails to provide adequate substance use disorder treatment and treatment for children who engage in self-harm or have suicidal thoughts. TJJD’s response to children’s behavior exposes children to excessive force and isolation. These deficiencies in mental health services violate the Constitution. • Special education: Children with disabilities in TJJD’s secure facilities do not receive a free appropriate public education. Special education services are not individualized to meet learning needs; fail to include specially designed instruction, behavioral supports, related services, and transition services; and are based on outdated information about children’s needs. Without appropriate services, children with disabilities cannot access the 1 20 U.S.C. §§ 1400–1482. 2 42 U.S.C. § 12132. 3 Id. § 1997 et seq. As discussed below, DOJ conducted this investigation by its authority under both CRIPA and the Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601. 4 general education curriculum, preventing meaningful progress. Each of these failures violates the IDEA. • Discriminating against children with disabilities: Children with disabilities in TJJD’s secure facilities do not receive reasonable modifications to complete programs required for their release. Instead, children are expelled from programming due to disability-related behavior and required to repeat it, prolonging their time in TJJD’s custody or resulting in their transfer to prison. TJJD also denies children with disabilities an equal opportunity to benefit from education. Both practices violate the ADA. The negative impact of these violations is mutually exacerbating. Children in TJJD’s secure facilities are exposed to conditions that cause serious and lasting physical, mental, and emotional harm. At the same time, they are denied treatment and services they need to cope with their environment, earn release, return to their communities, and become productive citizens. This harmful environment undermines any rehabilitative purpose in their commitment. 5 Gainesville Ron Jackson 8 Mart 8 Giddings 8 BACKGROUND TJJD is a centralized statewide agency that includes five secure facilities subject to our investigation: (1) E vins Regional Juvenile Center in Edinburg, Texas; (2) Gainesville State School in Gainesville, Texas; (3) Giddings State School in Giddings, Texas; (4) McLennan County State Juvenile Correctional Facility (Mart) in Mart, Texas; and (5) Ron Jackson State Juvenile Correctional Complex in Brownwood, Texas.4 TJJD’s administration conducts oversight, provides resources, and sets systemwide policies for secure care. Children are often moved between the facilities to access specialized treatment programs housed in specific facilities.5 TJJD leadership also shifts services from one facility to another.6 Figure 1: Map of Texas showing the locations of TJJD’s five secure facilities Hundreds of children are confined in TJJD’s secure facilities every year. These facilities house children ages ten to nineteen. A Texas county juvenile court commits 4 Aside from the five secure facilities, TJJD operates four halfway houses and a probat
Same source, country, and finding where possible.