After spending five years in the Texas Juvenile Justice system, Joshua Beasley Jr., who had just turned 16, was transferred to the Texas Department of Criminal Justice’s Travis County State Jail — an adult facility. Six months later, he died by suicide.
Like many young people, Joshua struggled with mental health issues. And like others, those struggles led to confrontations with law enforcement. Joshua lived in Texas, and at the age of 11, he was sent to one of the Texas Juvenile Justice Department’s five facilities scattered around the state. Instead of helping him find a fresh start, tragically, it became a five-year road to what ultimately became the end of his life.
In recent years, allegations of civil rights violations and reports of abuse and mistreatment have plagued TJJD. So much so that Gov. Greg Abbott ordered an investigation into illegal behavior by department staff. The U.S. Department of Justice announced a separate investigation into whether the children confined in TJJD facilities are provided reasonable protection from physical and sexual abuse by staff.
As members of the Texas Advisory Committee to the U.S. Commission on Civil Rights, we learned about Joshua’s plight through moving testimony by his mother during the first public briefing we held to examine mental health care within TJJD facilities. During the series of these hearings, we also heard testimony from individuals, organizations and professionals with specific knowledge of and experience with TJJD’s conditions and challenges. We heard many stories of other kids who had negative experiences.
What we have discovered is deeply concerning. And every day that it continues, we feel, is another day that the rights of those held in Texas juvenile facilities are violated.
The U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states, the District of Columbia, and five U.S. territories. The committees are composed of state citizens who serve without compensation. The committees are bipartisan and advise the commission on civil rights issues.
The Texas Juvenile Justice Department is tasked with providing rehabilitative services including mental health treatment and quality educational instruction. Many of the youths entering these facilities have mental health needs, and that problem is growing. In 2021, 69% were identified as having moderate to severe mental health needs during intake, compared with only 21% in 2014.
Self-harm and suicide are also on the rise in TJJD facilities. In 2021, there were more than 2,000 incidents of self-harm and 6,500 suicide alerts in TJJD facilities. Over half of incarcerated youths have been put on suicide watch. For certain demographics, it’s even higher — 63% of girls and 56% of youths under the age of 14.
There is a correlation between mental health needs and experiences of trauma. Up to 65% of TJJD youth have had four or more adverse childhood experiences, and 90 individuals have been identified as victims of sex trafficking.
Given these many challenges, you might think the state would devote time and resources to prioritizing these young people’s needs to better prepare them to reenter society. The committee found that was seldom the case.
All five of TJJD’s facilities are experiencing chronic staff shortages. In June 2022, the agency had less than 50% of its full-time correction officer positions filled, and the turnover rate exceeded 70%. While some of the staffing shortages were exacerbated by the pandemic, it remains a major problem. Low pay is a factor. Many facility staffers make less working for TJJD than they would if they worked full time for Buc-ee’s. The state has provided a 15% increase, but salaries remain very low.
There are even more unfilled positions for mental health care workers. As of June 2022, TJJD had only 36% of its mental health positions filled across all facilities, many of whom are unlicensed. Mental health workers on staff are increasingly being asked to fill security roles rather than provide mental health services.
To compensate for understaffing, TJJD has relied on isolating the youth in their cells — sometimes spending 23 hours a day alone. We heard reports that some youth did not have access to bathrooms during these lockdowns and resorted to relieving themselves in their cells. Such isolation sometimes leads to self-harm just to get out of the cell.
The committee also heard testimony from experts who could point to better-functioning systems. The state of Missouri, for example, does a much better job at rehabilitating its youth offenders through a focus on community over confinement.
Harris County has already made improvements in how it addresses the mental health needs of the youths in its juvenile justice system. It has implemented a Multisystemic Therapy approach to reduce criminal activity, which includes coordinated services to address behavior, mental health needs, academics and other needs of the whole family. But the state needs a holistic approach and the power of legislation to make a greater impact.
Texas likes to consider itself a leader in many areas. But with respect to how the state treats its youth offenders, it is far behind. The Texas Advisory Committee believes state leaders should immediately turn their attention to the problems in TJJD and can take up the findings and recommendations from our recently released interim report.
The legislative session is ending, but the problems in TJJD facilities will not. Joshua’s tragic ending can spark the beginning of meaningful reform and save the lives of many.
Merrill Matthews is chair of the Texas Advisory Committee to the U.S. Commission on Civil Rights. Charles Blain is a member of that committee. They wrote this for The Dallas Morning News.