Texas juvenile detention center accused of child sexual abuse and assault

AUSTIN, Texas — The U.S. Department of Justice released a report Thursday concluding that the Texas Department of Juvenile Justice has demonstrated a pattern of violating the civil rights of children detained in TJJD facilities.

The 73-page report documents dozens of incidents of physical, mental and sexual abuse that occurred at TJJD facilities across Texas.

A Department of Justice investigation found that five facilities in the state failed to comply with the U.S. Constitution, the Americans with Disabilities Act and the Individuals with Disabilities Education Act.

These locations include Evins Regional Juvenile Center in Edinburg, Texas, Gainesville State School District, McLennan County State Juvenile Correctional Facility, Ron Jackson State Juvenile Correctional Complex in Brownwood, Texas, and Giddings State Schools.

The Department of Justice inspected all five facilities over two rounds of 13 in-person visits. Hundreds of children were interviewed, as well as guards, facility leaders, clinicians, teachers and others. The investigations found that all five facilities failed to protect children from sexual abuse, according to the Department of Justice. They also reportedly isolated minors for long periods of time and used extreme physical violence as punishment.

Reports of sexual abuse had been occurring at TJJD for decades, but the Department of Justice discovered a pattern of abuse during its investigation.

In one incident, a staff member was reportedly caught on camera entering a closet and turning off the lights while waiting for a child to come in. After leaving the closet, the staff member and child “leaned forward and kissed each other on the lips.”

In another incident, a staff member was found to have mailed a child approximately 50 photos of himself, including two nude ones. The staff member also allegedly engaged in inappropriate phone calls with the child and had each other’s names tattooed on their wrists.

Investigators found that TJJD officers “frequently used much more pepper spray and sprayed it far more frequently than was necessary to address the threat.”

Officers had sufficient quantities of pepper spray “intended for use in large crowd control situations” and often sprayed “directly into children’s faces at very close ranges and for extended periods of time.”

Investigators also found that multiple staff members simultaneously sprayed children with pepper spray, “rendering staff and children physically incapacitated to the point of vomiting,” and there were numerous incidents of bystanders being secondarily exposed to pepper spray and sent to solitary confinement without an opportunity to decontaminate.

The video also shows an incident in October 2023 in which a staff member was charged with assault after allegedly picking up a child and slamming him to the floor. According to an investigation, the child suffered a cut above his eye and a concussion.

In a separate incident, two staff members at the Evins facility were charged with criminal mischief after one staff member slammed a child’s head into a brick pillar, rendering him unconscious. The other staff member then allegedly turned off his body camera and spat on and punched the unconscious child. The child was reportedly handcuffed during the incident.

Staff not adhering to body camera policies appears to be a constant issue at TJJD facilities: An internal audit found that 63 percent of staff had their body cameras turned off while checking their phones, talking to or supervising children, or when staff were talking to each other, according to the report.

To address the violations, the Department of Justice recommended a series of changes to TJJD facilities.

Reduce the use of physical force and rely on conversation when possible. This includes eliminating MK-9 pepper spray, especially for children with serious health concerns. Law enforcement on the scene should also use body cameras. Create a new behavior management system that provides positive reinforcement, daily structured activities, and consequences that match behavior. Eliminate segregation and long-term use in regulatory and safety units. People in the units should receive mental health services and reviews before entering, appropriate exercise, access to hygiene centers, etc. Increase supervision and healthy interactions to eliminate sexual abuse. Provide mental health screenings, ongoing evaluations, treatment programs, etc. Provide children with disabilities with individualized education plans, evaluations, special instruction, placements, services, etc. Create a system to monitor the program while providing those with disabilities with the necessary supports, intervention plans, educational opportunities, etc. Provide children with complaints systems, including a hotline and complaint box to file complaints.

TJJD officials said the department was dealing with “unprecedented staffing shortages” during a Justice Department visit to the department’s facilities in 2022.

A spokesperson provided the following statement to KVUE:

“We have a zero tolerance policy towards abuse and neglect and have always totally rejected any abusive behaviour on our campus.”