Justice Department Finds Texas Juvenile Justice Department Violating Constitutional and Disability Laws

ICARO Media Group
Politics
01/08/2024 22h26

In a recent announcement, the Justice Department revealed its findings that the Texas Juvenile Justice Department (TJJD) has been violating the U.S. Constitution, as well as the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). The investigation conducted by the department sheds light on a pattern of abuse, deprivation of essential services, and disability-related discrimination that seriously harms children and undermines their rehabilitation within TJJD facilities.

Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division addressed these violations, stating, "Children are committed to TJJD facilities to receive treatment and rehabilitation so that they may return to their communities as law-abiding, productive citizens. Our investigation showed that, far from achieving those objectives, TJJD engaged in a pattern of abuse, deprivation of essential services, and disability-related discrimination that seriously harms children and undermines their rehabilitation."

The comprehensive investigation focused on five TJJD youth facilities, namely the Evins Regional Juvenile Center, Gainesville State School, Giddings State School, McClennan County State Juvenile Correctional Facility, and Ron Jackson State Juvenile Correctional Complex. The report conclusively states that these constitutional and federal law violations place children at substantial risk of serious physical and psychological harm and impede successful outcomes for their rehabilitation.

U.S. Attorney Jaime Esparza for the Western District of Texas expressed pride in the collaborative effort with the Civil Rights Division and other U.S. Attorneys' Offices, stating, "The children in these facilities are uniquely vulnerable to harm and abuse, which hinders their prospects for rehabilitation. They deserve to be protected from harm, to receive adequate mental health care, and to receive special education services and reasonable modifications that will give them a chance at productive lives in the community, outside of the walls of these institutions."

Echoing similar sentiments, U.S. Attorney Leigha Simonton for the Northern District of Texas emphasized the need for a rehabilitative environment and urged joint efforts with the State and TJJD to eliminate these issues. U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas reiterated the urgency to protect vulnerable children from sexual abuse within the facilities, highlighting the persistence of this problem despite previous investigations.

Furthermore, U.S. Attorney Damien M. Diggs for the Eastern District of Texas drew attention to the failure of TJJD to evaluate children suspected of having disabilities and provide them with adequate special education services, as mandated by the Individuals with Disabilities Education Act. This lack of appropriate services prevents meaningful rehabilitation and progress for children with disabilities.

The investigation into TJJD's juvenile justice facilities was initiated in October 2021 under the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994. These acts empower the Justice Department to address patterns or practices that deprive children confined to state or local government-run correctional facilities of their constitutional and federal rights.

The Justice Department is committed to rectifying these violations, implementing necessary reforms, and improving outcomes for Texas children. Individuals with information related to the department's investigation of TJJD's facilities are encouraged to contact them via phone on 1-866-432-0438 or email at TX.Juveniles@usdoj.gov.

The findings of this investigation serve as a stark reminder of the need for proper care, rehabilitation, and protection for vulnerable children within the juvenile justice system. Efforts to address these systemic issues will be crucial in ensuring the well-being and future success of these young individuals within their communities.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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