In a scathing report released on Thursday, the Justice Department accused Texas of violating the constitutional rights of hundreds of youth in custody by perpetuating sexual abuse, excessive use of pepper spray, and other forms of mistreatment in its juvenile detention centers. The report follows a federal investigation that was initiated three years ago, shedding light on the alleged widespread abuse and harsh practices within the Texas Juvenile Justice Department.

According to U.S. Assistant Attorney General Kristen Clarke, staff members in the detention centers have engaged in sexual acts with children, subjected them to prolonged isolation periods lasting 17 to 22 hours in their cells, and even pepper sprayed them in their faces. Disturbingly, it was revealed that approximately 80% of the incarcerated children in Texas youth lockups are Black or Hispanic, leading Clarke to emphasize that this issue goes beyond mistreatment and becomes a matter of racial justice. "Our children deserve to be protected from harm and access to essential services," she stressed.

The Texas Juvenile Justice Department, in a statement, claimed to have a "zero-tolerance" policy towards abuse and neglect, and stated that it had collaborated closely with federal investigators during their site visit in 2022. However, the office of Republican Governor Greg Abbott did not immediately respond to requests for comment on the matter. In the past, the governor's office had stated its willingness to cooperate with the federal investigation.

The report by the Justice Department also highlighted the alarming disregard for mental health concerns within the facilities. Issues such as suicidal ideation and self-harm were reportedly ignored, while children were routinely punished for their behavior. The failure to address or treat these issues was deemed a violation of the Individuals with Disabilities Education Act. The announcement emphasized the need for urgent action to protect the well-being and welfare of young individuals in these facilities.

The Justice Department expressed its willingness to work with the state of Texas in rectifying these violations, but did not shy away from mentioning the possibility of a federal lawsuit. "This report makes clear that we are failing our youth, that we are not providing the care they need to be successful," stated Elizabeth Henneke, founder and CEO of Lone Star Justice Alliance, a youth justice advocacy group. Henneke emphasized the urgency for the Texas legislature to respond adequately, acknowledging their prior efforts but suggesting that more needs to be done.

Texas is not the only state facing federal investigations and lawsuits over harsh conditions in youth lockups. Earlier this year, the Justice Department launched an investigation into Kentucky's youth detention centers, following a state report that raised concerns about the use of force and isolation techniques. Lawsuits have also been filed in Illinois, Pennsylvania, Maryland, and New Jersey, all highlighting allegations of mistreatment of incarcerated children.

The problems faced by the approximately 900 youth currently detained in understaffed and outdated juvenile facilities across Texas shed light on the structural challenges and lack of resources at both state and local levels. Advocates are calling on judges and lawmakers to think creatively about alternative rehabilitation efforts, as mistreatment within these facilities only serves to exacerbate the trauma experienced by young individuals.

The Justice Department's report serves as a stark reminder that urgent and comprehensive action is needed to address the deeply concerning issues within Texas youth lockups, ensuring the protection and well-being of the vulnerable youth in custody.