Mental Healthcare in the 

Texas Juvenile Justice System

Texas Advisory Committee 

to the U.S. Commission on Civil Rights

February 2024
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Advisory Committees to the U.S. Commission on Civil Rights 

By law, the U.S. Commission on Civil Rights has established an advisory committee in each of 

the 50 states, the District of Columbia, and the five U.S. territories. The committees are 

composed of state citizens who serve without compensation. The committees advise the 

Commission on civil rights issues in their states that are within the Commission’s jurisdiction. 

They are authorized to advise the Commission in writing of any knowledge or information they 

have of any alleged deprivation of voting rights and alleged discrimination based on race, color, 

religion, sex, age, disability, national origin, or in the administration of justice; advise the 

Commission on matters of their state’s concern in the preparation of Commission reports to the 

President and the Congress; receive reports, suggestions, and recommendations from individuals, 

public officials, and representatives of public and private organizations to committee inquiries; 

forward advice and recommendations to the Commission, as requested; and observe any open 

hearing or conference conducted by the Commission in their states.
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Texas Advisory Committee to the U.S. Commission on Civil Rights

September 2021 – September 2025

Merrill Matthews, Chairperson, Coppell

Joni E. Baker, Vice Chair, San Antonio

Jada L. Andrews-Sullivan, San Antonio

Josh M. Blackman, Houston

Charles Blain, Houston

Rogene G. Calvert, Houston

Cecilia R. Castillo, San Marcos

Ariel Dulitzky, Austin

Mark E. Harrington, Houston

Brandon Holt, Houston 

Christopher Kulesza, Houston

Austin R. Nimocks, Austin

Ronald J. Smeberg, San Antonio

Barbara J. Walters, Plano

Jamilah Way, Houston 

U.S. Commission on Civil Rights Staff

Brooke Peery, Civil Rights Analyst & Designated Federal Officer

Angelica Trevino, Support Specialist

Madeleine Pattis, Civil Rights Analyst Intern
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In Memoriam, Charles Z. Burchett (1949 – 2023)

The Committee would like to honor and remember the service of Charles Z. Burchett, who 

passed away on March 13, 2023, in the middle of this project. Charles has served as a dedicated 

member of the Texas Advisory Committee to the U.S. Commission on Civil Rights since 2002. 

In addition to the decades of service he gave to the Commission, he also served his community 

of Kirbyville as a pastor for 43 years. Specifically, the Committee would like to remember his 

years of advocacy in disaster management and the expertise he provided the Committee during 

their study of the Civil Rights Implications of Hurricane Harvey.
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Table of Contents

INTRODUCTION.....................................................................................................................5

EXECUTIVE SUMMARY .......................................................................................................6

BACKGROUND .......................................................................................................................7

Federal & State Law............................................................................................................................................. 8

The Juvenile Justice System in Texas................................................................................................................. 10

Concerns about safety and civil rights............................................................................................................... 12

SUMMARY OF FINDINGS ...................................................................................................15

METHODOLOGY..................................................................................................................16

FINDINGS...............................................................................................................................17

RECOMMENDATIONS.........................................................................................................29

APPENDIX..............................................................................................................................32
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Introduction

In May 2022, the Texas Advisory Committee (Committee) to the U.S. Commission on Civil 

Rights (Commission) adopted a proposal to study the civil rights implications of mental health 

care in the Texas Juvenile Justice System. While other important topics may have surfaced 

throughout the Committee’s inquiry, matters that are outside the scope of this specific civil rights 

mandate are left for another discussion.

As part of this inquiry the Committee heard testimony in person and via videoconferences held 

from August 2022 to April 2023.1 The following report results from a review of testimony 

provided at these meetings, combined with written testimony submitted during the related 

timeframe.2It begins with a brief background of the issues the Committee considered and then 

identifies primary findings as they emerged from this testimony. Finally, it makes 

recommendations for addressing related civil rights concerns. This report and the 

recommendations included within it were adopted unanimously by the Committee on December 

6, 2023.

1 See Appendix A.

2 TJJD submitted its written testimony after the record’s scheduled closure. The Committee voted unanimously to 

accept the testimony in September 2023.
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Executive Summary

Allegations of civil rights violations and reports of abuse and mistreatment have long plagued the 

Texas Juvenile Justice Department (TJJD), which manages five state-operated secure facilities to 

serve those youth who have committed the most serious offenses and require specialized 

treatment services. However, it was clear from the testimony that the facilities create a 

challenging and often harmful environment for the youth. 

Most youth in the Texas Juvenile Justice System have clear mental health needs. Not only are 

these needs not being adequately addressed, but being in state-run facilities may further 

traumatize the youth and exacerbate mental health needs. 

Facility understaffing and under-resourcing has long been a challenge, and was exacerbated by 

the pandemic. And while understaffing is improving, in part due to pay increases, it is still too 

low. We commend the Texas Legislature for taking steps to improve staffing and funding in the 

system, but it remains far short of what is needed to meet the needs.

We heard testimony that community-based services that prioritize a rehabilitative approach are 

proven to be the best way to address the needs of youth in the juvenile justice system. But TJJD 

continues to operate and invest in their five state-run facilities in rural areas that keep the youth 

far from their home communities. The Committee recommends that TJJD 

Finally, the Committee is concerned about the lack of clarity and communication about the rights 

of the youth in their care. Youth and their guardians need more clarity on what rights they have 

and the options they have for filing a grievance when they think those rights might have been 

violated. 

This report provides the Commission with several recommendations for the Texas Legislature, 

the governor, and the Texas Juvenile Justice Department that the Committee believes would 

address many of these problems and vastly improve the outcomes for the youth assigned to the 

system.

Merrill Matthews

Chair of the Texas Advisory Committee to the U.S. Commission on Civil Rights
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Background

The Texas juvenile justice system has been afflicted with issues and challenges for decades. 

Many of the issues facing the system today are the same issues Texas has historically attempted 

to address. For example, in 1948, in response to reports of abuse, Richard Clenenden, Consultant 

on Training Schools for the U.S. Children’s Bureau, advised the state to “close down most 

‘penal-type’ facilities for juveniles located in isolated rural sites. Instead, he recommended 

smaller facilities located near urban centers, which would allow greater involvement in the 

rehabilitation process of juveniles’ families and experts in relevant fields such as mental health, 

education, and psychiatry.”3

In recent years, allegations of civil rights violations, state and federal investigations, and reports 

of abuse and mistreatment have plagued the Texas Juvenile Justice Department (TJJD). In 

October of 2021, the U.S. Department of Justice announced a statewide investigation into the 

conditions in the five secure juvenile correctional facilities run by TJJD. The investigation is 

examining whether Texas provides children confined in the facilities reasonable protection from 

physical, sexual, and emotional abuse by staff and other residents, excessive use of chemical 

restraints, and excessive use of isolation. The investigation is also examining whether Texas 

provides the youth with adequate mental health care.4 At least 11 staff members of Texas 

facilities have been arrested for sexually abusing children in their care.5 Some of the reported 

allegations include sharing pornographic material, having sexual relations with minors in 

custody, and sexual assault. Other examples of misconduct include reports of staff members 

allegedly paying children with drugs or cash to assault other children.6

The Sunset Advisory Commission of Texas provides regular assessment of all state agencies7and 

recently submitted a report on TJJD for the 2022-2023 legislative session.8 The report found that 

staffing shortages are causing major instability and safety concerns within the Texas Juvenile 

3 Dr. William Bush, Written Testimony submitted via email to the Texas Advisory Committee to the U.S. 

Commission on Civil Rights, p. 1 (hereafter cited as Bush Written Testimony). 

4 Department of Justice Office of Public Affairs. “Justice Department Announces Investigation into Conditions at 

Five Juvenile Facilities in Texas.” Wednesday, October 13, 2021 https://www.justice.gov/opa/pr/justice-departmentannounces-investigation-conditions-five-juvenile-facilities-texas.

5 Sarah N. Lynch and Eric Beech. “U.S. Justice Department Opens Probe of Texas Juvenile Detention Facilities.” 

Reuters. Thomson Reuters, October 13, 2021. https://www.reuters.com/world/us/us-justice-department-opens-probetexas-juvenile-detention-facilities-2021-10-13/.

6 Sarah N. Lynch and Eric Beech. “U.S. Justice Department Opens Probe of Texas Juvenile Detention Facilities.” 

Reuters. Thomson Reuters, October 13, 2021. https://www.reuters.com/world/us/us-justice-department-opens-probetexas-juvenile-detention-facilities-2021-10-13/; Brandi Grissom and Sue Ambrose. “Fights, sex, drugs: Texas 

juvenile lockup on the verge of crisis, reports show.” Dallas Morning News, Nov. 16, 2017. 

https://www.dallasnews.com/news/investigations/2017/11/17/fights-sex-drugs-texas-juvenile-lockup-on-the-vergeof-crisis-reports-show/.

7TJJD website, Sunset Review (last accessed November 2023) https://www.tjjd.texas.gov/index.php/sunsetreview#2-key-functions-performance.

8 Sunset Advisory Commission Staff Report with Final Results, p. A1. Found here. 
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Justice System, that key elements of TJJD’s statute, rules, and procedures do not conform to 

common regulatory standards; and that the Office of the Independent Ombudsman needs clearer 

authority and formalized policies to better protect the rights of youth in the juvenile justice 

system.

9

Federal & State Law

The Due Process clause of the Fourteenth Amendment to the U.S. Constitution governs the 

standards for conditions of confinement of juvenile offenders.10 Subjecting confined juveniles to 

undue restraint or excessive force violates the Due Process clause.11 The Due Process clause also 

requires TJJD to keep juveniles reasonably safe from harm inflicted by third parties, including by 

other juveniles in the facility. They also must provide such minimally adequate training as 

reasonably may be required by these interests.12

The Department of Justice’s investigation is conducted under the authority of the Civil Rights of 

Institutionalized Persons Act (CRIPA)13 and the Violent Crime Control and Law Enforcement 

Act.14 Both statutes give the Department of Justice the authority to investigate systemic 

violations of the rights of young people in juvenile correctional facilities. These laws can also be 

used to enforce other rights that youth have in the juvenile justice system, such as rights under 

the Americans with Disabilities Act and the Individuals with Disabilities Education Act.15

In the Texas juvenile justice system, a “juvenile” is legally defined as a person who was at least 

10 years old but not yet 17 at the time he or she committed an act defined as “delinquent 

conduct” or “conduct in need of supervision.”16

“Delinquent conduct” is generally conduct that, if committed by an adult, could result in 

imprisonment or confinement in jail. “Conduct in need of supervision” (CINS) is generally 

conduct that, if committed by an adult, could result in only a fine or would not even be 

considered a violation of the law. Examples include truancy or running away from home.17

9 Sunset Advisory Commission Staff Report with Final Results, pp. A11-A14. Found here. 

10 See Gary H. v. Hegstrom, 831 F.2d 1430, 1432 (9th Cir. 1987).

11 See Youngberg v. Romeo, 457 U.S. 307, 73 L.Ed 2d 28, 102 S. Ct. 2452 (1982).

12 Id.; see also J.H. ex rel. Higgin v. Johnson, 346 F.3d 788, 791 (7th Cir. 2003).

13 42 U.S.C. § 1997 et seq.

14 H.R.3355 – 103rd Congress (1993-1994): Violent Crime Control and Law Enforcement Act of 1994, H.R.3355, 

103rd Cong. (1994), https://www.congress.gov/bill/103rd-congress/house-bill/3355. 

15 Department of Justice Office of Civil Rights. Children’s Rights in the Juvenile Justice System. 

https://www.justice.gov/crt/rights-juveniles.

16 The Juvenile Justice System in Texas, Overview, Important Definitions. TJJD. 

http://www.tjjd.texas.gov/index.php/juvenile-system#important-definitions (accessed March 18, 2022).

17 Ibid.
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A juvenile who engages in delinquent conduct or commits a CINS violation can be referred to 

juvenile court. The juvenile can be dealt with informally and returned home, but if the county 

decides to charge the juvenile with delinquent conduct, the juvenile is afforded the same legal 

rights as an adult charged with a crime. In certain circumstances, the county can request to have a 

youth certified as an adult. If such is granted, the person is considered an adult for criminal 

purposes and will no longer be in the juvenile justice system.

If the juvenile is adjudicated for delinquent conduct, there are several possible disposition 

options. The juvenile may be placed on probation; the juvenile may be sent to the Texas Juvenile 

Justice Department with an indeterminate sentence (only felony offenses); or the juvenile may be 

sent to TJJD with a determinate sentence (only certain offenses).18

In Texas, individual counties provide services to all youth referred to the juvenile courts and 

prosecute juvenile cases, either through their district or county attorney’s office. County juvenile 

probation departments handle most of the sanctions and therapeutic interventions the courts may 

impose. 

TJJD works in partnership with local juvenile boards and juvenile probation departments to 

support and enhance juvenile probation services throughout the state by providing funding, 

technical assistance, and training; establishing and enforcing standards; collecting, analyzing,

and disseminating information; and facilitating communications between state and local entities. 

It also provides oversight of county-operated detention facilities.19

TJJD manages state-operated secure facilities and halfway houses to provide treatment services 

to those youth who have chronic delinquency problems and who have exhausted their options in 

the county. Additionally, youth who have committed the most serious offenses requiring 

specialized treatment services that counties are not equipped to provide are also likely to be 

committed to state-run facilities.20

There are also international standards for youth detention. The United Nations Rules for the 

Protection of Juveniles Deprived of their Liberty dictates the minimum standards for incarcerated 

youth.21 The United States is the only country that has not ratified this treaty and are therefore 

18 The Juvenile Justice System in Texas, Overview, Referral to Juvenile Court and Possible Dispositions. 

http://www.tjjd.texas.gov/index.php/juvenile-system#referral-to-juvenile-court-possible-dispositions (accessed 

March 18, 2022). 

19 The Juvenile Justice System in Texas, Overview, State Agencies Involved in the Juvenile Justice System. 

http://www.tjjd.texas.gov/index.php/juvenile-system#state-agencies-involved-in-the-juvenile-justice-system.

20 Ibid. 

21Adopted by the General Assembly resolution 45/113 on December 14th, 1990 

https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-rules-protection-juveniles-deprivedtheir-liberty.
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not subject to its standards.22 The protections include a prohibition of solitary confinement and 

corporal punishment, a requirement that youth be kept separate from adults, the right to physical 

and mental health care, and a prohibition on the use of medicine as a form of restraint.23

The Juvenile Justice System in Texas

The Texas Juvenile Justice Department (TJJD) was created in 2012 when the Texas Youth 

Commission and the Texas Juvenile Probation Commission were merged. TJJD’s responsibilities 

include operating five secured state facilities and supporting county probation departments by 

disbursing grants, providing technical support, and ensuring that all facilities are adhering to its 

guidance. TJJD is tasked with providing rehabilitative services including mental health 

treatment and quality educational instruction.

Since 2018, the number of youths in state-secured facilities has shrunk by more than a third.24 

There are currently five TJJD-secured facilities for youth: Evins Regional Juvenile Center, 

Gainesville State School, Giddings State School, McLennan County State Juvenile Correctional 

Facility, and the Ron Jackson State Juvenile Correctional Complex. During fiscal year 2023 the 

number of youth in state-secured facilities is around 590 total population.

25

TJJD compiles detailed annual statistical reports regarding juvenile crime throughout the state. In 

a given year, more than 50,000 juveniles are arrested in Texas or referred to the juvenile 

probation system.26 Local county juvenile justice systems provide services for these youth, many 

of whom are diverted from further involvement with the juvenile justice system. The most 

serious offenders are committed to TJJD facilities. Reform measures enacted in 200727 greatly 

reduced commitments to state-run facilities by limiting them to youth with felony-level offenses 

only.28

22National Juvenile Defender Center. International Human Rights: Law & Resources for Juvenile Defenders & 

Advocates. Fall 2012 https://njdc.info/wp-content/uploads/2013/11/International-Human-Rights_Law-andResources-for-Juvenile-Defenders-and-Advocates.pdf. United Nations, Treaty Series , vol. 1577, p. 3; depositary 

notifications C.N.147.1993.TREATIES-5 of 15 May 1993 [amendments to article 43 (2)]1; and 

C.N.322.1995.TREATIES-7 of 7 November 1995 [amendment to article 43 (2)]. 

https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4

23 National Juvenile Defender Center. International Human Rights: Law & Resources for Juvenile Defenders & 

Advocates. Fall 2012 https://njdc.info/wp-content/uploads/2013/11/International-Human-Rights_Law-andResources-for-Juvenile-Defenders-and-Advocates.pdf

24 Jolie McCullough. “Almost 600 Texas youths are trapped in a juvenile prison system on the brink of collapse.” 

The Texas Tribune. August 2, 2022. Found here. TJJD, Written Testimony submitted via email to the Texas Advisory 

Committee to the U.S. Commission on Civil Rights, p. 2 (hereafter cited as TJJD Written Testimony). 

25 TJJD Written Testimony, p. 2; Martin Martinez, testimony, Briefing Before the Texas Advisory Committee to the 

U.S. Commission on Civil Rights, Houston, TX, August 8, 2022. Transcript, pp. 21-22 (hereafter Transcript I).

26 The Juvenile Justice System in Texas, Overview, The Numbers. http://www.tjjd.texas.gov/index.php/juvenilesystem#the-numbers (accessed March 18, 2022). 

27 SB 103. Texas Legislature. 80th Session. https://capitol.texas.gov/tlodocs/80R/billtext/html/sb00103f.Htm.

28 The Juvenile Justice System in Texas, Overview, The Numbers. http://www.tjjd.texas.gov/index.php/juvenilesystem#the-numbers (accessed March 18, 2022).
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Oversight & Accountability 

Two independent groups are tasked with investigating alleged misconduct within TJJD: the 

Office of the Inspector General (OIG) and the Office of the Independent Ombudsman (OIO).

OIO for TJJD is a state agency established for the purpose of investigating, evaluating, and 

securing the rights of the children committed to TJJD.

29 OIO reports to the Governor and the 

Texas Legislature; it is not a part of TJJD and does not report to the Department’s Executive 

Management or the TJJD Board.30 To fulfill the duties of the office, staff regularly visit all TJJD 

secure facilities, halfway houses, parole offices, county post-adjudication facilities, and county 

contract care programs. In 2021, OIO was conducting regular site visits at 107 facilities and 

probation/parole offices that met the criteria expanded by Senate Bill 1630, 84th Legislative 

Session.31 OIO periodically mails informational brochures regarding its services to the parents of 

youth newly committed to TJJD detention centers. To facilitate communications from youth in 

the facilities, as well as the public, OIO maintains a hotline that is answered 24 hours a day. The 

Deputy Ombudsman also distribute posters containing OIO’s hotline number to the facilities that 

are routinely visited and educates youth on complaint procedures.32

OIO monitors and enforces 14 basic rights for post-adjudicated youth. Information on these 

rights is supposed to be provided to youth and their guardians upon entry to TJJD facilities and 

posted throughout the facilities. These are:

1. Right to equal treatment

2. Right to free speech and expression

3. Right to religious freedom

4. Right to personal possessions

5. Right to receive visitors

6. Right to access to mail and telephone

7. Right to earnings and monetary gifts

8. Right to protection from physical and psychological harm

9. Right to medical and dental care

10. Right to access attorneys

11. Right to be informed

12. Right to accuracy and fairness

13. Right to confidentiality of records

29 https://statutes.capitol.texas.gov/Docs/HR/htm/HR.261.htm.

30 Independent Ombudsman, Overview, What is the Independent Ombudsman? 

https://www.tjjd.texas.gov/index.php/independent-ombudsman#what-is-the-independent-ombudsman (accessed 

March 18, 2022). 

31 Independent Ombudsman for the TJJD. Fourth Quarter Report FY 21. https://www.tjjd.texas.gov/index.php/doclibrary/send/645-fiscal-year-2021/3070-fy21q4.

32 Ibid.
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14. Right to file grievances and appeal decisions

OIG was created by the Texas Legislature and is charged with investigating TJJD regarding (1) 

crimes committed by department employees, including parole officers employed by or under 

contract with the department, and (2) crimes and delinquent conduct committed at a facility 

operated by the department, a residential facility operated by another entity under a contract with 

the department, or any facility in which a child committed to the custody of the department is 

housed or receives medical or mental health treatment.33 The chief inspector is a commissioned 

peace officer and is authorized to appoint additional peace officers to fulfill the statutory duties 

of the office. The chief inspector is appointed by and reports directly to TJJD’s Board. The 

inspectors general have all the power and duties afforded to peace officers under the Texas Code 

of Criminal Procedure. 34

Concerns about safety and civil rights

Use of Force

In 2019, TJJD staff used force against incarcerated children almost 7,000 times.35 TJJD defines 

“use of force” as “physical measures used to direct, compel, or restrain bodily movement of a 

noncompliant youth.”36 In the state facilities, the following methods are considered permissible 

under the use of force policy: mechanical restraints, manual restraints, chemical spray, physical 

escort, and planned team restraint. 37 Across all facilities, nearly half (47%) of all youth were 

subjected to the use of force.38

Juvenile facility staff may inappropriately use Oleoresin Capsicum (OC) (pepper) spray to 

respond to non-threatening conduct and behaviors that in fact are manifestations of mental illness 

33 Agency Accountability, Overview. https://www.tjjd.texas.gov/index.php/accountability (accessed March 18, 

2022). 

34 Inspector General, Overview. https://www.tjjd.texas.gov/index.php/inspector-general#overview (accessed March 

18, 2022).

35 Edgar Sandoval & Tim Arango. “Complaints Against Texas’ Juvenile Prisons Include Violence and Sex Abuse” 

The New York Times. October 15, 2021. https://www.nytimes.com/2021/10/15/us/texas-juvenile-centersinvestigation.html#:~:text=In%202019%2C%20prison%20staff%20used,who%20was%20confined%20that%20year

36 TJJD. General Administrative Policy Manual. 380.9723. Effective February 15, 2016. 

http://www.tjjd.texas.gov/index.php/component/jdownloads/send/498-ch380f-security-control/1744-380-%209723-

use-of-force; 37 TAC Sec. §380.9723. 

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=F&p_rloc=166664&p_tloc=14619&p

_ploc=1&pg=3&p_tac=&ti=37&pt=11&ch=380&rl=9727.

37 37 TAC §380.9723.

38 Brett M. Merfish and Beth Mitchell to Steven H. Rosenbaum, Chief, Special Litigation, Section of Civil Rights 

Division, U.S. Department of Justice. October 21, 2020. https://www.texasappleseed.org/sites/default/files/DOJFINAL-COMPLAINT-fin.pdf.
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or developmental disabilities, even when staff are trained to use OC spray as a last resort.39 In 

fact, the Special Litigation Section of the U.S. Department of Justice’s Civil Rights Division has 

found the inappropriate and excessive use of chemical agents on youth with disabilities, among 

other groups.40

Understaffing

The 2022-23 Sunset Commission review found that understaffing underscores “all other 

problems at TJJD, endangering youth and staff safety.41 More specifically, “chronic staffing 

shortages in state secure facilities affect nearly every aspect of committed youths’ lives and 

perpetuate TJJD’s problems with maintaining safety, providing treatment and services, and 

ensuring youths’ due process rights.42

During the summer of 2022, at the height of the staffing crisis, TJJD secure facilities functioned 

at roughly 200% of their capacity; in September 2023, this dropped to 132% due to improved 

staffing among juvenile correction officers, not a decrease in youth admissions.43

Additionally, understaffing may lead to the overuse of lockdowns in secured facilities.44 Due to 

low staffing levels, in order to meet requirements under the Prison Rape Elimination Act 

(PREA), lockdowns are sometimes utilized to meet the required ratio of 1 staff member for every 

eight youths.45 The Sunset Advisory Commission found that bathroom breaks for youth in 

lockdown can take up to three or more hours due to these lockdowns.46 The last full-day (22-23 

hours) lockdown occurred in October 2022.47

Mental Health Care

The percentage of youth with moderate to severe mental health needs has grown significantly. 

Specifically, in 2014, at the point of intake, the TJJD identified 21% of youth as having moderate 

to severe mental health needs; in 2019, that percentage grew to 53%48 and by 2022, it had risen 

to 84%.49 In 2019, 138 youth were referred to security due to danger to self or suicide (which 

includes attempted suicide, injury to self, suicidal behavior, and suicidal ideation) a total of 271 

39 Center for Children Law and Policy Factsheet, Chemical Agents in Juvenile Facilities. July 2019. 

https://cclp.org/wp-content/uploads/2019/07/Fact-Sheet-Chemical-Agents-Final-2019.pdf.

40 Ibid. 

41 Sunset Advisory Commission Staff Report with Final Results, p. 20. Found here. 

42 Sunset Advisory Commission Staff Report with Final Results, p. 21-22. Found here. 

43 TJJD Written Testimony, p. 3.

44 Sunset Advisory Commission Staff Report with Final Results, p. 23. Found here. 

45 Ibid.

46 Ibid.

47 TJJD Written Testimony, p. 3.

48 Brett M. Merfish and Beth Mitchell to Steven H. Rosenbaum, Chief, Special Litigation, Section of Civil Rights 

Division, U.S. Department of Justice. October 21, 2020. https://media.disabilityrightstx.org/wpcontent/uploads/2020/10/21154645/DOJ-FINAL-COMPLAINT.pdf.

49 TJJD Written Testimony, p. 2. 
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times, a rate of almost two referrals per each 

youth. The rate of referrals was similar in 

2018, with 186 youth referred a total of 417 

times, a rate of two referrals per each youth.50

More recently, the Sunset Advisory 

Commission found that in fiscal year 2021,

TJJD reported more than 6,500 suicide alerts 

in secured facilities, which represents an 

increase of about 40% since 2019.51 Due to the extremely high level of risk in TJJD facilities, 

counselors spend roughly 30 hours a week solely on suicide risk assessments, resulting in far 

fewer hours to provide rehabilitative care.

52

The increasing use of lockdowns due to lower staffing has had a negative mental health impact

on youth in TJJD care in recent years.

53 TJJD itself cited full and partial lockdown as a cause of 

increases in suicide assessments in the fall of 2021.54 The Sunset Commission heard accounts 

that youth regularly harm themselves while in lockdown in order to have adult intervention.

55

Racial and Ethnic Disparities

All of these factors are made even more concerning by the racial and ethnic disparities found 

within Texas’s juvenile justice system. In 2019, Black youth in Texas were 4.7 times more likely, 

and Latino youth were 1.6 times more likely, to be incarcerated than White youth.56 Between 

2015 and 2019, the disparity between Black and White youth actually increased by 5%.57 As of 

2021, total new admissions to the TJJD system were 35% Black, 44% Hispanic, 20% White, and 

1% other.58

50 Brett M. Merfish and Beth Mitchell to Steven H. Rosenbaum, Chief, Special Litigation, Section of Civil Rights 

Division, U.S. Department of Justice. October 21, 2020. https://media.disabilityrightstx.org/wpcontent/uploads/2020/10/21154645/DOJ-FINAL-COMPLAINT.pdf.

51 Sunset Advisory Commission Staff Report with Final Results, p. 23. Found here. 

52 Ibid. 

53 Ibid. 

54 Ibid. 

55 Ibid. 

56 The Sentencing Project. “Black Disparities in Youth Incarceration: Racial Disparities Persist but Fall from AllTime High.” July 2021. https://www.sentencingproject.org/wp-content/uploads/2017/09/Black-Disparities-in-YouthIncarceration.pdf?eType=EmailBlastContent&eId=3678cc76-dab8-418b-b5cf-faa89e6baec9; The Sentencing 

Project. “Latinx Disparities in Youth Incarceration: Latinx Youth 28% More Likely Than Whites to be Held.” July 

2021.https://www.sentencingproject.org/wp-content/uploads/2017/10/Latinx-Disparities-in-YouthIncarceration.pdf?eType=EmailBlastContent&eId=3678cc76-dab8-418b-b5cf-faa89e6baec9.

57 The Sentencing Project. “Black Disparities in Youth Incarceration: Racial Disparities Persist but Fall from AllTime High.” July 2021. https://www.sentencingproject.org/wp-content/uploads/2017/09/Black-Disparities-in-YouthIncarceration.pdf?eType=EmailBlastContent&eId=3678cc76-dab8-418b-b5cf-faa89e6baec9.

58 Sunset Advisory Commission Staff Report with Final Results, p. 76. Found here. 

21%

54%

84%

0%

50%

100%

2014 2019 2022

The percentage of youth with 

moderate to severe mental 

health needs 
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Summary of Findings

Finding I: Most youth in the Texas Juvenile Justice System have clear mental health needs. 

Finding II: Understaffing has been a major problem in the Texas Juvenile Justice System and has 

inhibited other efforts for reform. Staffing has been improving in the past year, but it is unclear if 

many of the longstanding issues with staffing will be resolved.

Finding III: There are not enough resources and staff to provide proper treatment for the mental 

health needs of the youth in the Texas Juvenile Justice Department's care.

Finding IV: Being in state-run facilities may further traumatize the youth and increase mental 

health needs. 

Finding V: The state-run facilities provide an unsafe environment for both the youth and staff. 

Finding VI: The Texas Juvenile Justice Department is transferring youth in their care to adult 

prisons rather than focusing on rehabilitative programming.

Finding VII: Youth benefit from individualized and asset-based mental health support, rather 

than the traditional punitive model currently in place in the Texas Juvenile Justice System. 

Finding VIII: Youth facilities that are closer to home and incorporate community-based resources 

are more effective and better serve youth’s mental health needs.

Finding IX: Texas communities do not have the resources required to support high-risk children 

who are ending up in Texas Juvenile Justice Department care. Texas needs to invest more in 

upstream and preventive services to divert children who are currently being referred to the 

juvenile justice system.

Finding X: While the Texas Juvenile Justice Department has clearly defined rights for youth in 

their care, there remains confusion about what these rights are and/or if they are being adequately 

enforced.

Finding XI: Facilities’ current grievance process and other accountability measures are 

insufficient and function poorly. 

Finding XII: The Texas Legislature made some improvements to the Texas Juvenile Justice 

Department and its funding in the 2023 session, but there is much more reform and investment 

still needed.
16 | P a g e

Methodology 

As a matter of historical precedent, and in order to achieve transparency, Committee studies 

involve a collection of public, testimonial evidence, and written comments from individuals 

directly impacted by the civil rights topic at hand; e.g., researchers and experts who have 

rigorously studied and reported on the topic, community organizations and advocates 

representing a broad range of backgrounds and perspectives related to the topic, and government 

officials tasked with related policy decisions and the administration of those policies.

Studies require Committee members to utilize their expertise in selecting panelists who are the 

most useful to the purposes of the study and will result in a broad and diverse understanding of 

the issue. This method requires Committee members to draw from their own experiences, 

knowledge, opinions, and views to understand the issue and possible policy solutions. 

Committees are composed of volunteer professionals and advocates who are familiar with civil 

rights issues in their state or territory. Members represent a variety of political viewpoints, 

occupations, races, ages, and gender identities, as well as a variety of backgrounds, skills, and 

experiences. The intentional diversity of each Committee promotes vigorous debate and full 

exploration of the issues. It also serves to assist in offsetting biases that can result in the 

oversight of nuances in the testimony. 

The Committee sees the perspective of the Texas Juvenile Justice Department as essential in 

understanding this issue and achieving a balanced project record. Many outreach attempts were 

made, and numerous invitations were extended, but unfortunately, TJJD declined to participate in 

this project until well after the deadline to submit testimony. However, because of the critical 

need for the agency’s contribution, the Committee decided to reopen testimony to allow for 

TJJD’s response to the Committee’s preliminary report.

For the purposes of this study, Findings are defined as what the testimony and other data 

suggested, revealed, or indicated based upon the information collected by the Committee. 

Findings refer to a synthesis of observations confirmed by a majority vote of members, rather 

than conclusions drawn by any one member. Recommendations are specific actions or proposed 

policy interventions intended to address or alleviate the civil rights concerns raised in the related 

finding(s). Where findings indicate a lack of sufficient knowledge or available data to fully 

understand the civil rights issues at hand, recommendations may also target specific areas in need 

of further, more rigorous study. Recommendations are directed to the Commission; they request 

that the Commission itself take a specific action, or that the Commission forward 

recommendations to other federal or state agencies, policymakers, or stakeholders.
17 | P a g e

Findings

Finding I: Most youth in the Texas Juvenile Justice System have clear mental health needs. 

Many of the youth who enter TJJD facilities are identified as having mental health needs.59 In 

2022, 84% of youth were identified at intake as having moderate to severe mental health needs, 

compared to only 21% in 2014.60 Nationally, some studies suggest that two-thirds of youth in the 

juvenile justice system have diagnosable mental health disorders.61 In December 2021 alone, 

TJJD reported they performed over 1,000 risk assessments for just 800 youth, with 500 of them 

at the Evins facility.

62

Self-harm and suicide are on the rise, and in 2021, there were over 2,000 incidents of self-harm 

and 6,500 suicide alerts in Texas’s state-secured youth facilities.63 Over half of the youth in these 

facilities have been put on suicide watch.64 For certain demographics, it’s even higher; 63% of 

girls are on suicide watch, as well as 56% of youth under age 14.65

There is a correlation between mental health needs and experiences of trauma.66 Up to 65% of 

youth in TJJD have had four or more adverse childhood experiences,67 also called ACEs.68 This 

figure is significantly higher than the general population.69 Ninety youth in TJJD are identified as 

59 Representative Gene Wu, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on 

Civil Rights, remote panel via ZoomGov, December 7, 2022. Transcript, p. 7 (hereafter Transcript III); Alycia 

Welch, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil Rights, Houston,

TX, August 8, 2022. Transcript, pp. 15 (hereafter Transcript I); Brittany Norman, testimony, Briefing Before the 

Texas Advisory Committee to the U.S. Commission on Civil Rights, Houston, TX, August 8, 2022. Transcript, p. 157 

(hereafter Transcript II).

60 Martinez Testimony, Transcript I, p. 21; TJJD Written Testimony, p. 2. 

61 Liz Ryan, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil Rights, 

remote panel via ZoomGov, February 15, 2023. Transcript, p. 6 (hereafter Transcript IV).

62 Elizabeth Henneke, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil 

Rights, remote panel via ZoomGov, February 15, 2023. Transcript, p. 6 (hereafter Transcript IV).

63 Ryan Testimony, Transcript IV, p. 4; Welch Testimony, Transcript I, p. 11; Henneke Testimony, Transcript IV, p. 

7; Martinez Testimony, Transcript I, p. 24.

64 Henneke Testimony, Transcript IV, p. 8; Welch Testimony, Transcript I, p. 11; Martinez Testimony, Transcript I, 

p. 22.

65 Henneke Testimony, Transcript IV, p. 8; Martinez Testimony, Transcript I, p. 24.

66 Jernard Brown, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil Rights, 

remote panel via ZoomGov, April 11, 2023. Transcript, p. 2 (hereafter Transcript V). 

Norman Testimony, Transcript II, p. 142; Welch Testimony, Transcript I, p. 9; Wu Testimony, Transcript III, p. 8; 

Henneke Testimony, Transcript IV, p. 8.

67 Martinez Testimony, Transcript I, p. 21; Henneke Testimony, Transcript IV, p. 10; Ashley McFarland, Public 

Comment, Transcript V, pp.15-16.

68 ACEs, or Adverse Childhood Experiences, are stressful or traumatic events that occur during a person's childhood 

and can have long-lasting negative effects on their physical and mental health. These experiences often include 

events such as abuse, neglect, household dysfunction, or other forms of adversity that can impact a child's wellbeing and development.

69 Henneke Testimony, Transcript IV, p. 8; Martinez Testimony, Transcript I, p. 21.
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victims of sex trafficking.70 Additionally, many of the behaviors that lead the youth to be in TJJD 

custody, particularly violence,71 have mental health connections.72

Finding II: Understaffing has been a major problem in the Texas Juvenile Justice system 

and has inhibited other efforts for reform. Staffing has been improving in the past year, but 

it is unclear if many of the longstanding issues with staffing will be resolved.

All five of TJJD’s facilities have experienced chronic staff shortages.73 For example, the Evins 

Regional Juvenile Center in Edinburg has been 200% over a proper youth-to-staff ratio, and the 

Giddings State School, which houses the Crisis Stabilization Unit, TJJD’s mental health 

program, has been 150 percent% over a proper youth-to-staff ratio.

74 In June 2022, the agency 

had less than 50% of its full-time correction officer positions filled.

75

Staffing levels have increased significantly in 2023, in part to additional investments by the 

Texas Legislature, including pay raises for all staff.76 Two of TJJD’s five secure facilities are 

now fully staffed, but three remain understaffed.77

In addition to the large number of vacancies, there is a very low staff retention rate. The turnover 

rate for correction officers was more than 70% in 2022.78 In December 2021, the Texas Rangers 

were called in to help address the staffing shortages.

79 This issue of understaffing is not unique to 

Texas and is an issue nationwide.80

Low pay and the rural location of many of these facilities make it hard to recruit qualified 

individuals.

81 A 15% salary stipend for direct-care staff, including juvenile correction officers 

70 Henneke Testimony, Transcript IV, p. 8.

71 Amnisty Freelen, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil 

Rights, Houston, TX, August 8, 2022. Transcript, p. 128 (hereafter Transcript II); Welch Testimony, Transcript I, p. 

57; Henneke Testimony, Transcript IV, p. 10.

72 Phyllis Becker, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil Rights, 

remote panel via ZoomGov, December 7, 2022. Transcript, pp. 4 (hereafter Transcript III); Freelen Testimony, 

Transcript II, p. 124; Brown Testimony, Transcript V, pp. 2-3; Welch Testimony, Transcript I, p. 59.

73 Martinez Testimony, Transcript I, p. 23; Welch Testimony, Transcript I, p. 12.

74 Welch Testimony, Transcript I, p. 12.

75 Welch Testimony, Transcript I, p. 12.

76 TJJD Written Testimony, p. 2-3.

77 Ibid. 

78 Martinez Testimony, Transcript I, p. 22; Welch Testimony, Transcript I, p. 12.

79 Martinez Testimony, Transcript I, p. 65.

80 Becker Testimony, Transcript III, p. 9.

81 Norman Testimony, Transcript II, p. 135; Wu Testimony, Transcript III, p. 25.; Henneke Testimony, Transcript IV, 

p. 15.
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and case managers, was implemented in late 2022 to bring their pay to the same levels as adult 

correction officers.82

The understaffing at these facilities creates very difficult working conditions for the staff they do 

have.83 They have been regularly asked to work 12-hour shifts for six or seven days a week to

maintain minimum staffing requirements.84 Other staff, such as teachers and case workers, have 

had to fill correction officer roles instead of providing their skilled services.

85

These levels of understaffing mean that even when new policies are proposed and TJJD 

administration tries to address issues, the facilities are unable to fully benefit from these 

attempted reforms.

86

Finding III: There are not enough resources and staff to provide proper treatment for the 

mental health needs of the youth in the Texas Juvenile Justice Department's care.

In addition to the overall understaffing of these facilities, there are even more unfilled positions 

for mental health care workers.87 As of June 2022, TJJD had only 55% of its mental health 

positions filled across all facilities, and many of these professionals are unlicensed.88 At the same 

time, Texas had a statewide shortage of mental health professionals reaching as high as 64%. In 

September 2023, TJJD has 52% of its mental health positions staffed.

89 TJJD testified they 

expect staffing their mental health positions to be an ongoing challenge as Texas struggles with a 

statewide mental health professional shortage.90

There is a months-long waitlist for mental health care across all facilities. At Giddings alone, 

there are 50 youth on the waitlist for the highest tier of mental health intervention.91 TJJD has 

described this backlog of needs as a “pool they are emptying with a cup.”92 Not receiving 

treatment can result in youth staying in TJJD facilities for longer periods and inhibits 

82 TJJD Written Testimony, p. 3.

83 Layla Fry, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil Rights, 

Houston, TX, August 8, 2022. Transcript, p. 108 (hereafter Transcript II); Henneke Testimony, Transcript IV, p. 15.

84 Henneke Testimony, Transcript IV, p. 15.

85 Henneke Testimony, Transcript IV, p. 13; Welch Testimony, Transcript I, p. 13.

86 Welch Testimony, Transcript I, pp. 12; 43; 97; Norman Testimony, Transcript II, p. 133; Henneke Testimony, 

Transcript IV, p. 13.

87 Welch Testimony, Transcript I, p. 13. 

88 Welch Testimony, Transcript I, p. 14; Norman Testimony, Transcript II, p. 13; Martinez Testimony, Transcript I, 

p. 25.

89 Additional legislative appropriations allowed the department to improve its mental health professional-to-youth 

ratio from 1:16 to 1:12 in September 2023 which resulted a lower staffing rate despite an increase in new hires. 

TJJD Written Testimony p. 14.

90 TJJD Written Testimony, p. 3. 

91 Welch Testimony, Transcript I, p. 14.

92 Norman Testimony, Transcript II, p. 134; Henneke Testimony, Transcript IV, p. 6.
20 | P a g e

rehabilitation efforts designed to minimize further justice system involvement.93 Even when a 

youth is self-advocating for mental health care, they are frequently denied or left waiting for 

months.94

When youth are receiving mental health services, it is not always the appropriate treatment.95 For 

example, evidence received by the Committee indicated a youth who needs a particular type of 

care (e.g., substance abuse treatment) might be offered a different type of mental health care 

(e.g., anger management treatment) because it’s the only treatment that the facility has to offer at 

that time due to a lack of staff and funding.96 TJJD testified that this piece of testimony might not 

be entirely true and that “many youth need multiple specialized treatments, and it is not 

uncommon for treatment programming to incorporate content learned in previous 

interventions.”97

Lastly, there is inconsistent access to mental health prescriptions. Testimony received by the 

Committee suggested that there may be an overreliance by TJJD on medications for youth to 

compensate for the lack of other more appropriate treatments.98

Finding IV: Being in state-run facilities may further traumatize the youth and increase 

mental health needs. 

TJJD was increasingly relying on isolating the youth in their cells to compensate for 

understaffing. The youth will sometimes spend 23 hours a day alone in their cell.99 There are 

reports that youth did not have timely access to bathrooms during these lockdowns and resorted 

to relieving themselves in their cells.100 In response to the isolation, youth are self-harming and 

exhibiting other disruptive behaviors just to leave their cell and receive treatment.101 

Self-harm and other disruptive behaviors are frequently met with restraints and the use of force, 

including the use of OC spray (i.e., pepper spray) to stop youth from self-harming.102 Youth who 

93 Henneke Testimony, Transcript IV, p. 8; Norman Testimony, Transcript II, p. 133; Fry Testimony, Transcript II, p. 

108.

94 Norman Testimony, Transcript II, p. 140; Henneke Testimony, Transcript IV, pp. 9-10.

95 Ryan Testimony, Transcript IV, p. 3; Henneke Testimony, Transcript IV, pp.7-8.

96 Henneke Testimony, Transcript IV, pp. 7; 23.

97 The Committee was unable to provide any more analysis on these differing perspectives. TJJD Written Testimony, 

p. 14.

98 Freelen Testimony, Transcript II, p. 126; Norman Testimony, Transcript II, p. 143.

99 Martinez Testimony, Transcript I, p. 23; Welch Testimony, Transcript I, p. 10.

100 Norman Testimony, Transcript II, p. 134; Welch Testimony, Transcript I, p. 11.

101 Welch Testimony, Transcript I, p. 11; Norman Testimony, Transcript II, p. 139.

102 Norman Testimony, Transcript II, p. 149. Martinez Testimony, Transcript I, p. 23.
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are experiencing a mental health crisis may escalate the situation by resisting, resulting in further 

trauma.103 Youth need to feel safe before mental health needs can be effectively addressed.104

One population in TJJD custody that is particularly concerning is victims of human trafficking. 

As of February 2023, there were 90 youth in custody who were identified as survivors of sex

trafficking, which was almost 25% of the total population.105 Currently, the Texas criminal legal 

system incarcerates children whose crimes were a direct result of, or incident to, human 

trafficking, intimate partner violence, and other abuse.106 These kids are much more likely to 

have mental health needs and less likely to be rehabilitated in a punitive system. For example, 

the Committee heard the testimony of a girl in a facility who had a history of sex trafficking and 

had also been a victim of sexual abuse in TJJD custody. She responded to an officer’s use of 

force with panic and violence and consequently was charged with an additional crime and 

transferred to the adult justice system at the age of 16.

107

Finding V: The state-run facilities provide an unsafe environment for both the youth and 

staff. 

A high youth-to-staff ratio leads to unsafe conditions for both the youth and staff108 and is a 

“recipe for disaster.”109 Safety concerns include increased violence, unsanitary living conditions, 

and lack of basic health care and medical attention. With inadequate staff-to-youth ratios, the 

staff only have time to triage the youths’ needs.110 It was reported that in July 2022, TJJD halted 

the intake of youth into its facilities because it would not have been able to guarantee their 

safety.111 TJJD has made improvements in the last year, and it decreased the number of 

committed youth awaiting transfer to state custody from about 160 in July 2022 to about 70 in 

September 2023; during that timeframe, over 400 youth were moved off of the waitlist.112

The Sunset Advisory Commission found that understaffing led to increased safety risks for both 

youth in TJJD care and staff, due to abuse of youth by staff and threats of physical violence.113

103 Ryan Testimony, Transcript IV, p. 3; Norman Testimony, Transcript II, p. 149.

104 Becker Testimony, Transcript III, p. 4; Welch Testimony, Transcript I, p. 12.

105 Henneke Testimony, Transcript IV, p. 8

106 Henneke Testimony, Transcript IV, p. 9.

107 Henneke Testimony, Transcript IV, p. 9.

108 Welch Testimony, Transcript I, p. 41; Martinez Testimony, Transcript I, p. 55; Becker Testimony, Transcript III, 

p. 10.

109 Ashley McFarland, public comment, Briefing Before the Texas Advisory Committee to the U.S. Commission on 

Civil Rights, remote panel via ZoomGov, April 11, 2023. Transcript, pp. 15-16 (hereafter Transcript V). 

110 Henneke Testimony, Transcript IV, p. 22; Welch Testimony, Transcript I, p. 9; Martinez Testimony, Transcript I, 

p. 41.

111 TJJD Director Shandra Carter quoted in: Jolie McCullough. “Almost 600 Texas youths are trapped in a juvenile 

prison system on the brink of collapse.” The Texas Tribune. August 2, 2022. Found here.

112 TJJD Written Testimony, p. 3.

113 Sunset Advisory Commission Staff Report with Final Results, p. 22. Found here. 
22 | P a g e

Between 2019 and 2021, there were 10,000 violations identified as assaults on youth and staff in 

secure facilities; 20% of these assaults resulted in bodily harm.114 In the same period, assaults on 

staff increased by 23%.115

The instability in staffing levels decreases peer monitoring, which can increase opportunities for 

predatory staff to engage in abuse or exploitation.116 There has been an increase in dangerous 

incidents involving the use of force and sexual violence.117 From 2020 to 2022, there was an 

increase in sexual misconduct investigations by the Office of Inspector General at four of the five 

secure facilities.118 One study reported that between January and August 2020, the five facilities 

reported using restraints on youth a total of 2,947 times.119

The Committee heard accounts from youth and former youth in facilities that during their time 

with TJJD, they felt unsafe, were further traumatized, and were “destroyed.”120 

Finding VI: The Texas Juvenile Justice Department is transferring youth in their care to 

adult prisons rather than focusing on rehabilitative programming.

TJJD is referring some youth who turn 16 and older to adult prison systems, where the children 

do not have age-appropriate care or supervision.121 This goes against the evidence backed model 

of child-focused mental health care which prioritizes treating children as children and keeping 

them out of adult systems and prisons.122 Rather than having a culture of rehabilitation, TJJD is 

preparing youth for transfer to adult prison.123 Without age appropriate supervision and care, 

TJJD youth in adult systems are extremely vulnerable to abuse and increased self-harm. 

Finding VII: Youth benefit from individualized and asset-based mental health support, 

rather than the traditional punitive model currently in place in the Texas Juvenile Justice 

System.

124

 

114 Ibid.

115 Ibid, 25.

116 Ibid.

117 Welch Testimony, Transcript I, pp. 11,56; Henneke Testimony, Transcript IV, p. 9.

118 Henneke Testimony, Transcript IV, p. 9.

119 Russell Testimony, Transcript I, p. 37. 

120 Brown Testimony, Transcript V, p. 2; Henneke Testimony, Transcript IV, p. 9; Norman Testimony, Transcript II, 

p. 137; Welch Testimony, Transcript I, p. 11; Freelen Testimony, Transcript II, p. 125.

121 Freelen Testimony, Transcript II, p. 123; Henneke Testimony, Transcript IV, p. 11.

122 Ryan Testimony, Transcript IV, p. 4.

123 Freelen Testimony, Transcript II, p. 127. 

124 Becker Testimony, Transcript III, p. 17.
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Children with mental health challenges benefit from a model that is grounded in supporting the 

youth and families, focusing on strengths, assets, and needs.125 Mental health services for 

children operate better when services can be individualized and youth are in smaller settings.126

One beneficial model the Committee heard testimony about is Multisystemic Therapy (MST), a 

counseling model which involves the entire family and works to solve behavioral concerns 

within the family dynamic.127 However, even if youth are receiving proper therapy, in an unsafe 

environment, treatment is often compromised.128

The Committee heard testimony that TJJD may over-rely on the use of medications for treatment 

of youth in their care; 69% of youth in TJJD care have been prescribed some form of 

psychotropic medicine.129 While use of psychotropic medicine can be part of a care plan for a 

child with mental health challenges, the use of medicine in TJJD is often inconsistent and may 

change frequently. 130

Finding VIII: Youth facilities that are closer to home and incorporate community-based 

resources are more effective and better serve youth’s mental health needs.

Studies show that community-based programs positively impact youth behavior and reduce reoffending. These programs generally emphasize therapeutic or educational approaches and build 

accountability.131 Communities can maintain smaller facilities, which can be more effective in 

addressing mental health needs.132 Additionally, research has shown that large incarceration 

facilities are not effective for youth and increase the likelihood of recidivism.133 States that are 

transitioning to regional-based programs are seeing better outcomes for youth and lower costs in 

the long term.134

Currently, most youth are in facilities that are far from their home, isolating them from their 

family and communities.135 Children in crisis need stability, and maintaining a connection to 

125 Becker Testimony, Transcript III, p. 5.

126 Norman Testimony, Transcript II, p. 189.

127 Wu Testimony, Transcript III, p. 18. 

128 Becker Testimony, Transcript III, p. 4. 

129 Martin Martinez, T1, p. 21; Norman Testimony, Transcript II, p. 143. 

130 Freelen Testimony, Transcript II, p. 126. 

131 Ryan Testimony, Transcript IV, p. 4.

132 Norman Testimony, Transcript II, p. 189; Martinez Testimony, Transcript I, p. 30.

133 Ryan Testimony, Transcript IV, p. 4; Martinez Testimony, Transcript I, p. 22; Welch Testimony, Transcript I, p. 

17.

134 Welch Testimony, Transcript I, p. 17; Becker Testimony, Transcript III, p. 12; Ryan Testimony, Transcript IV, p. 

3; Norman Testimony, Transcript II, p. 137.

135 Martinez Testimony, Transcript I, p. 20.
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homes and communities is important.136 Being far from home also makes it hard to ensure youth 

will have community-based resources to help them after they are released from custody.137 

TJJD has already made great efforts to keep more youth close to home and has reduced the 

number of youth in state custody drastically over the last 10 years.138 But the state continues to 

invest a significant portion of the TJJD budget in both the existing and new state facilities.139

Given the decades of struggles these facilities have faced, it is unclear why TJJD continues to 

send the most at-risk youth to the facilities with the greatest safety and care concerns.

Harris County is an example of a county that has already made improvements in how it addresses 

the mental health needs of the youth in its juvenile justice system.

140 It has implemented a 

Multisystemic Therapy (MST) approach to reduce criminal activity, which includes coordinated 

services to address behavior, mental health needs, academics, and other needs of the whole 

family.141 Harris County judges are aware of mental health needs while hearing a youths’ case.142

They have also utilized diversion programs to address mental health needs before the youth is 

officially involved in the justice system.143 Harris County has decreased the number of youth 

sent to secure confinement by half in the past four years.144

Finding IX: Texas communities do not have the resources required to support high-risk 

children who are ending up in Texas Juvenile Justice Department care. Texas needs to 

invest more in upstream and preventive services to divert children who are currently being 

referred to the juvenile justice system.

145

 

Community-based mental health services could serve children being referred to TJJD before they 

interact with law enforcement.146 Outcomes for youth in community-based programs are far 

better than those who are incarcerated, especially in programs that incorporate the family in 

treatment and therapy.147 Community-based services also recognize how important basic 

necessities such as food, clothing, shelter, stability, and safety are to a child’s development and 

136 Ryan Testimony, Transcript IV, p. 3.

137 Becker Testimony, Transcript III, p. 12.

138 TJJD Written Testimony, p. 2. 

139 TJJD Written Testimony, p. 8. 

140 Leah Wolfthal, testimony, Briefing Before the Texas Advisory Committee to the U.S. Commission on Civil Rights, 

Houston, TX, August 8, 2022. Transcript, p. 152 (hereafter Transcript II); Wu Testimony, Transcript III, p. 7; Fry 

Testimony, Transcript II, p. 162; Ryan Testimony, Transcript IV, p. 4. 

141 Fry Testimony, Transcript II, p. 111; Martinez Testimony, Transcript I, p. 27; Ryan Testimony, Transcript IV, p. 

4. 

142 Martinez Testimony, Transcript I, p. 27; Welch Testimony, Transcript I, p. 59.

143 Wolfthal Testimony, Transcript II, p. 117; Martinez Testimony, Transcript I, p. 27.

144 Ryan Testimony, Transcript IV, p. 4; Martinez Testimony, Transcript I, p. 40; Wu Testimony, Transcript III, p. 7.

145 Norman Testimony, Transcript II, p. 182. 

146 Ryan Testimony, Transcript IV, p. 3. 

147 Ryan Testimony, Transcript IV, pp. 12, 18. Becker Testimony, Transcript III, p. 3. 
25 | P a g e

wellbeing.148 By working with these children at an earlier point of need, organizations can reduce 

the number of kids in the prison system by making sure behaviors leading to incarceration do not 

escalate.149 Currently there is no one system connecting Texas schools, mental health services, 

juvenile justice, etc.150

The current system across Texas is not equipped to prevent and respond to mental health crises 

occurring in communities. 

151 More youth in crisis are presenting at emergency rooms or are 

being arrested.152 In many cases, parents call police when their child is having a mental health 

crisis as there are no other community resources, but this can result in the youths’ arrest and 

incarceration.153

Finding X: While the Texas Juvenile Justice Department has clearly defined rights for 

youth in their care, there remains confusion about what these rights are and/or if they are 

being adequately enforced.

TJJD policy states that youth and their guardians receive information about their rights when 

admitted to TJJD facilities and have access to these rights in their student handbook and on 

posters hung around the facility.154 But the Committee heard testimony from former youth, 

parents, and lawyers that this is not always fully implemented.

155 Additionally, it is hard to find 

the 14 basic rights youth have in TJJD online. The Committee only received this information 

directly from TJJD and were not able to find it independently on the agency website or in other 

TJJD materials.156

Even when youth are given access to information on their rights, it may not be presented in a 

way that is understandable or empowering to youth.157 For example, in TJJD’s “Youth Complaint 

& Grievance Guide,” there is no mention of the right to adequate mental health care or an 

explanation of what a violation of that right might look like. The rights in both the poster

displayed in facilities and the brochure are not written in age-appropriate language, using words 

such as “confer,” “correspond,” “discrimination,” and “extent.”158 Additionally the translated 

Spanish version of the flyer may cause confusion. For example, “youth rights specialist” in 

148 Becker Testimony, Transcript III, p. 4; Wolfthal Testimony, Transcript II, p. 120.

149 Wu Testimony, Transcript III, p. 7.

150 Becker Testimony, Transcript III, p. 19. 

151 Fry Testimony, Transcript II, p. 111. 

152 Fry Testimony, Transcript II, p. 123; Norman Testimony, Transcript II, p. 132. 

153 Freelen Testimony, Transcript II, p. 159.

154 TJJD Written Testimony, p. 12.

155 Norman Testimony, Transcript II, p. 179; Brown Testimony, Transcript V, p. 11. 

156 While this does not mean it does not exist online or on their website, it does suggest that it is not easily 

accessible. 

157 Norman Testimony, Transcript II, p. 139.

158 TJJD Written Testimony, Appendices.
26 | P a g e

English is translated to “especialistas en derecho juvenil” and may be hard to understand for 

native Spanish speakers. 

There are some noticeable rights that the youth have that are missing from the list of basic rights, 

for example a right to education or the right to protection from retaliation.159 Additionally, the 

flyer distributed to youth should not discourage reporting in any way. The final section on the 

“Youth Complaint & Grievance Guide” may unduly cause youth to second-guess if they should 

make a complaint or not.160

The Committee is particularly concerned about the “right to protection from physical and 

psychological harm.” There has been significant evidence that youth have been subject to both 

unsafe conditions and at risk of further psychological trauma under TJJD’s protection.161 For 

example, the Committee heard testimony about a child with pus streaming from their arm from 

having inserted items under the skin. This was present on over two visits spanning two weeks 

apart with no apparent medical treatment.162 Youth should be given clearer information about 

what violations of their physical and psychological rights look like in the juvenile detention 

context.

Lastly, while TJJD has been facing the difficult challenge of staffing shortages and a lack of 

resources that are largely out of their control, they should reevaluate their procedures for when 

staffing is low. TJJD’s testimony indicated that understaffing was the source of many of the 

Committee’s human and civil rights concerns. The practice of isolation; ceasing educational, 

spiritual, and recreational activities; and increasing the use of force should not be acceptable 

outcomes of understaffing.

Finding XI: Facilities’ current grievance process and other accountability measures are 

insufficient and function poorly. 

TJJD has an Office of the Independent Ombudsman that conducts routine inspections of all five 

state-secured youth facilities. The office is also required to conduct routine inspections of 

county-level facilities.163 

There is currently little to no anonymity for youth in the grievance-filing process.164 The youth 

can access the ombudsman via phone, but only in the facility’s common spaces with no 

159 TJJD Written Testimony, p.17. 

160 Ibid. 

161 Welch Testimony, Transcript I, p. 10,12; Becker Testimony, Transcript III, p. 4. 

162 Henneke Testimony, Transcript IV, p. 7. 

163 TJJD Written Testimony, p. 6. 

164 Norman Testimony, Transcript II, p. 136; Martinez Testimony, Transcript I, p. 45.
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privacy.165 Additionally, access to common spaces may be limited at times due to 

understaffing.166

TJJD testified that it has clear procedures and safeguards to make sure all grievances are 

responded to in a fair and transparent manner.167 But testimony received by the Committee 

questioned the neutrality of many of these grievance investigations.168 They are concerned that 

complaints are investigated by staff who work in the same facility or by staff who have existing 

relationships with those they are investigating.169 One parent testified that they feared retribution 

for their child if they filed a complaint about their child’s treatment.170

Few complaints address mental health care. TJJD's data from 2019 indicates that one percent of 

grievances were for specialized treatment programs and less than one percent of the grievances 

were for mental health.171 However, the youth may not understand that this is something they can 

complain about, and the onus is currently on the youth to make the complaint.172

Even when complaints are made and investigated, there may not be enough resources or staff to 

address the concerns.173 This is especially true for mental health care and when the grievance 

concerns missing or inadequate care.

174

Finding XII: The Texas Legislature made some improvements to the Texas Juvenile Justice 

Department and its funding in the 2023 session, but there is much more reform and 

investment still needed.

In the past few years, TJJD has had budgeted funds diverted from it several times.175 Additional 

funding for the agency may continue to address the department’s most pressing issue, 

understaffing.176 Improved programming and treatment for youth cannot be successful without 

adequate investment.177

165 Martinez Testimony, Transcript I, p. 45; Norman Testimony, Transcript II, p. 135.

166 Welch Testimony, Transcript I, p. 46.

167 TJJD Written Testimony, pp. 5-6. 

168 Brown Testimony, Transcript V, p. 6; Norman Testimony, Transcript II, p. 179.

169 Henneke Testimony, Transcript IV, p. 19.

170 Freelen Testimony, Transcript II, p. 178.

171 Norman Testimony, Transcript II, p. 138; Martinez Testimony, Transcript I, p. 46.

172 Norman Testimony, Transcript II, p. 138.

173 Welch Testimony, Transcript I, p. 45; Henneke Testimony, Transcript IV, p. 23; Norman Testimony, Transcript II, 

p. 139.

174 Welch Testimony, Transcript I, p. 45.

175 Welch Testimony, Transcript I, p. 41.

176 Welch Testimony, Transcript I, p. 61; Sunset Advisory Commission. Written Testimony, submitted via email on 

April 14, 2023.

177 Norman Testimony, Transcript II, p. 137; Welch Testimony, Transcript I, p. 42.
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In the 2023 session, the legislature approved $31.9 million in targeted salary increases for directand non-direct-care staff, nursing staff, and OIG positions, on top of the other salary increases 

given last year. Historically, although there have been pay increases to address employee 

retention issues in TJJD, these proved to be short-term fixes rather than long-term improvements

to staffing levels.

178 Increased pay may not address other concerns, such as the rural location of 

many of these facilities, the availability of qualified individuals, or unfavorable working 

conditions.179 

Increases in the TJJD budget also included $30.7 million in increased placement funding and 

probation grants to expand local diversion opportunities and community-based programming, as 

well as $60 million in increased appropriations for county juvenile probation departments to 

better fund their work with youth shallow in the system to prevent commitment to state 

custody.180 However it should be noted, that many of the increases to the budget in FY2022 were 

subsequently reduced in FY2023.181

178 Martinez Testimony, Transcript I, p. 60; Norman Testimony, Transcript II, p. 136.

179 Becker Testimony, Transcript III, p. 20; Ryan Testimony, Transcript IV, p. 12.

180 TJJD Written Testimony, pp. 8-9. 

181 Ibid. 
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Recommendations 

Among their duties, advisory committees of the Commission are authorized to advise the Agency 

(1) concerning matters related to discrimination or a denial of equal protection of the laws under 

the Constitution and the effect of the laws and policies of the Federal Government with respect to 

equal protection of the laws, and (2) upon matters of mutual concern in the preparation of reports 

of the Commission to the President and the Congress.182 In keeping with these responsibilities, 

and given the testimony heard on this topic, the Committee submits the following 

recommendations to the Commission:

The U.S. Commission on Civil Rights should issue the following recommendations to the

U.S. Department of Justice:

1. Provide more transparency and report the progress on your ongoing investigation into the 

Texas Juvenile Justice Department.

The U.S. Commission on Civil Rights should issue the following recommendations to the 

Governor of Texas and the Texas Legislature:

1. Invest in the staff of all TJJD facilities, including:

a. Improve the salaries of staff to a competitive rate and in recognition of the 

essential and challenging roles these staff fill. 

b. Require additional training for correction officers and ensure the training is 

developmentally appropriate for youth and considers their unique mental health 

needs. 

c. Increase the number of specialty staff, including teachers, medical personnel, and 

mental health care workers. Ensure these specialists are being used for their 

expertise and are not required to fill in for corrections officers.

d. Require more mental health care workers to be properly licensed in order to 

ensure a high caliber of care. 

2. Invest in the local and county-level juvenile systems and incentivize these communitybased programs to treat youth closer to home, including:

a. Expanding multidisciplinary programs to address all the needs of youth, such as 

Multisystemic Therapy (MST). 

b. Incorporate families in all mental health care programming.

c. Develop a regionalized system that can offer better support and funding to the 

many rural counties in Texas. 

182 45 C.F.R. § 703.2 (2018).
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d. Consider participation in the Department of Justice’s Community-Based 

Alternatives to Youth Incarceration Initiative,183 which supports states and 

localities as they close large, under-capacity youth prisons.

3. Prioritize rehabilitation over punishment in all future investments and program changes 

to TJJD.

4. Mandate that TJJD provide multiple avenues for youth and their families to submit 

grievances and appoint investigators external to the facility to investigate all complaints.

5. Raise the age youth are considered a juvenile and increase the age that a youth can be 

transferred into the adult corrections system.

The U.S. Commission on Civil Rights should issue the following recommendations to the 

Texas Juvenile Justice Department:

1. Prioritize the human and civil rights of all the youth in its care. 

2. Increase efforts to educate the youth in its custody and their parents and/or guardians on 

their rights and their avenues for grievance. The grievance process should be more 

available to youth, be private, and be adjudicated by neutral parties.

3. Invest in additional mental health care resources that can begin to address the needs of 

youth in its custody in the short term, including: 

a. Consider additional remote resources such as 24/7 mental health hotlines that 

could support both the youth and staff in crisis and offer additional capacity for 

understaffed facilities.

b. Develop relationships with national resources such as the National Alliance on 

Mental Health and Substance Abuse and the Mental Health Services 

Administration. 

c. Utilize telehealth in its full capacity to provide mental health care to youth. This 

includes one-on-one therapeutic services, not large group therapy sessions.

4. Reduce the use of isolation. When isolation is deemed necessary, ensure it is used 

sparingly and for the least amount of time possible. Increase mental health support during 

and after periods of isolation.

5. Require all staff to be trained in trauma-informed care and ensure that all policies 

recognize the potential trauma experienced by the youth and their mental health needs. 

6. Provide additional crisis prevention training to staff to improve their de-escalation skills 

to prevent violent situations.

7. Accept all avenues of additional funding, including accepting all federal funds available 

and pursuing additional grants.

183 OJJDP FY 2023 Community-Based Alternatives to Youth Incarceration. Office of Juvenile Justice and 

Delinquency Prevention. Department of Justice. Found here.
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8. Consider the use of peer support services from individuals who have previous experience 

in the juvenile justice system but who have been rehabilitated and trained in crisis and 

behavioral management.

9. For youth who age out of or are released from state-secured facilities, conduct family 

assessments to ensure that the youth are returning to a safe environment and that family 

members are receiving support services as needed. 

10. Raise the age youth are considered a juvenile and increase the age that a youth can be 

transferred into the adult corrections system. Reduce the practice of transferring youth to 

the adult system. 

11. Review and revise the language of your rights brochures and other materials to include 

more age-appropriate language, proper translations, and a more comprehensive 

explanation of rights. 
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Appendix

A. List of Panelists

B. Panel Agendas, Minutes, Presentation Slides, & Transcripts

C. Written Testimony
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Appendix A – List of Panelists

Panel 1 – August 8, 2022, Houston, TX

Alycia Welch, The University of Texas at Austin

Martin Martinez, Texas Appleseed

Dr. Kristan Russell, Prairie View A&M University

Panel 2 – August 8, 2022, Houston, TX

Layla Fry, Meadows Mental Health Institute

Leah Wolfthal, Center for Urban Transformation

Amnisty Freelen, Parent Advocate

Brittany Norman, Disability Rights Texas

Panel 3 – December 7, 2022, Virtual

State Representative Gene Wu, Texas House of Representatives

Phyllis Becker, Missouri Division of Youth Services

Panel 4 – February 15, 2023, Virtual

Liz Ryan, Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice

Elizabeth Henneke, Lone Star Justice Alliance

Panel 5 – April 11, 2023, Virtual

Jernard Brown, Collective Action 4 Youth
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Appendix B - Panel Agendas, Minutes, Presentation Slides, & Transcripts

Documents found at:

https://securisync.intermedia.net/us2/s/folder?public_share=409J0xbKeIQ2vuMJBvQond0011ef

58&id=L1RYL0p1dmVuaWxlIEp1c3RpY2U%3D
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Appendix C – Written Testimony

All written testimony can be found at: 

https://securisync.intermedia.net/us2/s/folder?public_share=409J0xbKeIQ2vuMJBvQond0011ef

58&id=L1RYL0p1dmVuaWxlIEp1c3RpY2U%3D

Testimony submitted by: 

Alycia Castillo

Amanda Burnitt

Rachel Gandy

Natalia Oakes

Sarah L. Martin

Dr. William Bush

Texas Juvenile Justice Department