The U.S. Department of Justice identified unconstitutional conditions in all five of Texas' juvenile detention centers, where children have been subjected to excessive force, sexual abuse, and, in the case of disabled children, discrimination that resulted in extended custody or transfer to adult prisons, The Texas Tribune reports. In a report Thursday, the federal agency detailed the results of its investigation, which began in October 2021, into the Texas Juvenile Justice Department’s facilities. Federal investigators found that the state agency excessively used pepper spray on children, employed dangerous restraint techniques and kept children isolated for days or weeks on end. The Texas agency failed to implement measures to end sexual abuse, investigators concluded, describing a “pervasive atmosphere of sexual abuse, grooming and lack of staff accountability and training. The Justice Department also found that the agency failed to provide adequate mental health and education services. The agency routinely denies disabled children “reasonable modifications” they need to complete their incarceration successfully, DOJ said.
Instead, the report said, children are expelled from programming due to behavioral issues related to their disabilities and required to repeat it — extending their time in custody or leading to their transfer to an adult prison. Agency staff used pepper spray on children “far more frequently than necessary to meet the threat posed,” according to the report, which detailed instances in which children were sprayed directly in the face or before any effort to engage them verbally. The state agency also overly relied on isolation, keeping children in segregated cells for up to 24 hours a day for days or weeks on end. The report outlined “recommended minimum remedial measures,” including requiring non-force interventions whenever possible, eliminating pepper spray in canisters designed for large crowd management, and limiting periods of isolation. The Justice Department said it was “hopeful” about the state's agreeing to implement those measures, said Brett Merfish of Texas Appleseed. However, the federal government could sue the state if it believed Texas officials were not sufficiently addressing its concerns.
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