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Independent Ombudsman for the Texas Juvenile Justice Department

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Independent Ombudsman for the Texas Juvenile Justice Department Independent Ombudsman for the Texas Juvenile Justice Department First Quarter Report FY 20 September 1, 2019 to November 30, 2019 INTRODUCTION This is the first Quarterly Report for Fiscal Year (FY) 2020 to be submitted by the Office of Independent Ombudsman for the Texas Juvenile Justice Department (TJJD) as per the Texas Human Resources Code, Chapter 261. This report is intended for the Governor, Lieutenant Governor, Speaker of the House, members of the State Legislature, the TJJD Governing Board, the TJJD Executive Director, and the Texas State Auditor. This report will cover the reporting period of September 2019 through November 2019. It should be noted, this is not an all-inclusive report, but rather a summary of significant findings during the reporting period. STRATEGIC INTENT The Office of Independent Ombudsman (OIO) was established for the purpose of investigating, evaluating, and securing the rights of children committed to the Juvenile Justice Department, including a child released under supervision before final discharge. Legislation enacted during the 84th Legislative Session (Senate Bill 1630), expanded those duties to include county post- adjudication facilities and contract facilities where county post-adjudicated youth are placed. To fulfill the duties of the office, OIO staff regularly visit all TJJD secure facilities, halfway houses, parole offices, all county post-adjudication facilities and county contract care programs. Currently, the Office of Independent Ombudsman is conducting regular site visits at 116 facilities and probation/parole offices that meet the definition added by Senate Bill 1630, 84th Legislative Session. EXECUTIVE SUMMARY During this reporting period, the Office of Independent Ombudsman conducted 114 facility site visits, interviewed 980 youth offenders, and closed three cases (Refer to the Annex for a listing of facility site visit locations). During this quarter the OIO received three complaints, which represents a 78.57% decrease when compared to the first quarter of FY 19. In addition, the OIO closed three cases this quarter, with all three completed as sustained. PUBLIC OUTREACH The Office of Independent Ombudsman (OIO) is required by statute to promote awareness of the Office and the services provided. This is accomplished through various initiatives. The Ombudsman routinely meets with civic and advocacy groups to discuss issues, trends in juvenile justice and concerns with youth rights. In addition, the Office of Independent Ombudsman maintains a public web page describing the duties of the Office and how the Ombudsman may be contacted, either by phone, mail or e-mail. In addition, the OIO periodically mails informational brochures regarding services of the OIO to the parents of youth newly committed to TJJD. In order to facilitate contact from youth in the facilities as well as the public, the OIO maintains a hotline that is answered 24 hours a day. The Deputy Ombudsman distribute posters containing the OIO’s hotline number to the facilities that are routinely visited as well as educating youth on complaint procedures. 2 OPERATIONAL ACTIVITIES Accounting of Site Visits, Youth Contact and Individual Cases 1st Quarter 4th Quarter 1st Quarter FY19 FY19 FY20 FY20 Total TJJD/Contract Site Visits 61 51 45 45 County Post Adjudicated/Contract Facility Site Visits 75 62 69 69 Number of Youth Interviewed 1150 1015 980 980 Number of Youth Interviews Conducted 1409 1232 1189 1189 Closed Cases 9 11 3 3 3 During the first quarter of FY 20, the OIO received three complaints, all involving TJJD youth. When compared to the number of complaints received during the first quarter of FY 19, this represents a 78.57% decrease. Complaints Received-First Quarter FY 20 Involving TJJD Youth 2 1 Youth During Facility Site Visit Youth Telephone Call/Letter Complaints Received-First Quarter FY 19 5 4 4 1 OIO Staff Initiated Parent/Family Youth During Facility Youth Telephone Member Site Visit Call/Letter 4 Complaints Received by Facility-First Quarter FY 20 Complaints Received by Facility-First Quarter FY 19 5 Closed Cases The OIO closed 3 cases during the first quarter of FY 20, all involving TJJD youth. When compared to the first quarter of FY 19, this represents an overall decrease of 66.67%. It should be noted, of the three cases closed this quarter, all were completed as sustained. Sustained-There is sufficient corroborated information to warrant noting and a follow-up response/action plan from the facility. Not Sustained-There is insufficient information or evidence to prove or disprove the allegation. Unfounded-The complaint is without merit or is within applicable law or policy. Not within OIO Scope: The complaint is non-criminal in nature and after review, is determined to be outside the duties of the OIO. Complaint Type & Disposition-First Quarter FY 20 Sustained (TJJD Related) 1 1 1 Programming Specialized Treatment Staff Conduct Type & Disposition-First Quarter FY 19 1 1 1 1 1 1 1 1 1 Medical* MLOS/Release Rule or Policy Safety Specialized Due Process Programming Date Concerns Treatment Sustained (TJJD Related) Unfounded (TJJD Related) Not Sustained (TJJD Related) Not Sustained (County Related) Note: The Independent Ombudsman generally does not make findings regarding the quality or appropriateness of the care delivered. Unless otherwise noted, the medical cases in this report involve only issues of access to health care services. 6 Inquiries and Referrals The OIO receives numerous inquiries and complaints that upon review are either outside the scope of the OIO, a matter that should be addressed by facility staff or grievance process, or would be better addressed by another agency or group. The OIO received 91 inquiries and referrals during the first quarter of FY 20, 55 related to TJJD and 36 related to county post-adjudicated facilities. When compared to the first quarter of FY 19, this represents a decrease of 57.03% for TJJD facilities and a decrease of 23.4% for county post-adjudicated facilities. Inquiries/Referrals for TJJD-First Quarter FY 20 3 1 25 18 7 1 Inquiry Referred to and closed by the Incident Reporting Center Referred to Facility Staff Referred to TJJD Grievance System Referred to TJJD Inspector General Referred to TJJD State Programs & Facilities Inquiries/Referrals for TJJD-First Quarter FY 19 13 2 30 1 39 2 9 32 Inquiry Referred to Advocacy Group Referred to TJJD Administrative Investigations Division Referred to and closed by the Incident Reporting Center Referred to Facility Staff Referred to TJJD Grievance System Referred to TJJD Inspector General Referred to TJJD State Programs and Facilities Referrals to Office of Inspector General (OIG)-Allegations that are criminal in nature are referred to OIG for investigation. Referrals to TJJD Administrative Investigation Division (AID)-Allegations of staff misconduct related to policy violations are referred to AID. 7 Inquiries/Referrals for County Post-Adjudicated Facilities-First Quarter FY 20 4 3 29 Referred to Facility Staff Referred to TJJD Grievance System Referred to Texas Juvenile Justice Department Inquiries/Referrals for County Post-Adjudicated Facilities-First Quarter FY 19 15 19 1 1 11 Inquiry Referred to Facility Staff Referred to Facility Grievance System Referred to Law Enforcement Referred to Texas Juvenile Justice Department 8 INCIDENT TRENDS FOR TJJD SECURE FACILITIES The OIO reviews on a monthly basis at the secure correctional facilities the number of incidents involving the use of OC pepper spray, the number of youth restrained, assaults involving youth on youth and youth on staff, escapes and attempted escapes, fleeing apprehensions, gang activities, and major disruptions. These metrics give the OIO some indication of the environment related to the safety and security of all the youth offenders as well as the staff within a particular facility. These metrics are by no means an absolute indicator and should be taken into context and combined with other factors when drawing conclusions regarding a particular facility. Evins RJC Sep-18 Oct-18 Nov-18 Sep-19 Oct-19 Nov-19 OC 20 6 19 42 23 38 Restraints 74 81 98 183 125 178 Assaults-Youth on Youth 26 24 23 31 41 53 Assaults-Youth on Staff 8 13 9 34 27 42 Escape/Attempt Escape 0 0 0 0 1 1 Fleeing Apprehension 6 19 8 60 40 20 Gang related 9 13 5 40 44 51 Part. Major Disruption 7 9 3 35 12 83 200 200 180 180 160 160 140 140 120 120 100 100 80 80 60 Sep-18 60 Sep-19 40 40 20 Oct-18 20 Oct-19 0 0 Nov-18 Nov-19 Gainesville State School Sep-18 Oct-18 Nov-18 Sep-19 Oct-19 Nov-19 OC 30 26 44 4 15 20 Restraints 94 100 145 45 57 55 Assaults-Youth on Youth 26 41 82 24 47 43 Assaults-Youth on Staff 18 24 38 24 41 35 Escape/Attempt Escape 0 0 0 3 1 4 Fleeing Apprehension 16 14 40 6 3 4 Gang related 10 17 21 3 1 0 Part. Major Disruption 12 21 82 5 6 13 160 160 140 140 120 120 100 100 80 80 60 60 40 Sep-18 40 Sep-19 20 Oct-18 20 Oct-19 0 0 Nov-18 Nov-19 10 Giddings State School Sep-18 Oct-18 Nov-18 Sep-19 Oct-19 Nov-19 OC 29 24 26 46 40 21 Restraints 76 87 79 85 89 58 Assaults-Youth on Youth 22 20 28 20 38 30 Assaults-Youth on Staff 7 9 8 11 6 4 Escape/Attempt Escape 0 0 0 0 0 0 Fleeing Apprehension 36 46 23 70 50 26 Gang related 6 16 21 31 17 6 Part. Major Disruption 21 9 26 90 33 33 100 100 80 80 60 60 40 40 Sep-18 Sep-19 20 20 Oct-18 Oct-19 0 0 Nov-18 Nov-19 11 McLennan County SJCF Sep-18 Oct-18 Nov-18 Sep-19 Oct-19 Nov-19 OC 9 5 10 9 11 15 Restraints 19 25 36 24 45 43 Assaults-Youth on Youth 51 42 48 42 30 55 Assaults-Youth on Staff 10 15 12 13 8 6 Escape/Attempt Escape 0 0 0 0 3 0 Fleeing Apprehension 5 7 2 8 15 2 Gang related 15 14 8 11 10 20 Part.
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