Independent Ombudsman for the Texas Juvenile Justice Department
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Independent Ombudsman for the Texas Juvenile Justice Department Fourth Quarter Report FY 20 June 1, 2020 to August 31, 2020 INTRODUCTION This is the fourth 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 June 2020 through August 2020. 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 103 facility site visits, interviewed 823 youth offenders, and closed three cases (Refer to the Annex for a listing of facility site visit locations). During this quarter the OIO received four complaints, which represents a 33.33% decrease when compared to the fourth quarter of FY 19. Of the three cases closed this quarter, none were completed as sustained. On March 13th, 2020, Governor Abbott issued an Emergency Disaster Declaration related COVID- 19 in an effort to prevent the spread of the virus. This order had significant impact on the operational activities of the Office of Independent Ombudsman (OIO). (Page 15) 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 4th Quarter 3nd Quarter 4th Quarter FY19 FY20 FY20 FY20 Total TJJD/Contract Site Visits 51 49 43 184 County Post Adjudicated/Contract Facility Site Visits 62 66 60 263 Number of Youth Interviewed 1024 911 823 2630 Number of Youth Interviews Conducted 1241 1082 963 4452 Closed Cases 11 6 3 19 3 During the fourth quarter of FY 20, the OIO received four complaints, three involving TJJD youth and one involving County Post-Adjudicated Youth. When compared to the number of complaints received during the fourth quarter of FY 19, this represents a 33.33% decrease. Complaints Received-Fourth Quarter FY 20 Regarding TJJD Youth Regarding County-Post Adjudicated Youth 2 1 1 Family Member Youth During Facility Facility Inspection Staff/Volunteer Complaints Received-Fourth Quarter FY 19 Regarding TJJD Youth Regarding County-Post Adjudicated Youth 1 2 2 1 Advocacy Group Youth During Facility Youth Telephone Inspection Call/Letter 4 Complaints Received by Facility-Fourth Quarter FY 20 Complaints Received by Facility-Fourth Quarter FY 19 5 Closed Cases The OIO closed three cases during the fourth quarter of FY 20, two involving TJJD youth and one involving County Post-Adjudicated Youth. When compared to the fourth quarter of FY 19, this represents an overall decrease of 72.73%. It should be noted, of the three cases closed this quarter, none 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-Fourth Quarter FY 20 1 1 1 Education Safety Concerns Staff Conduct Unfounded-TJJD Related Not within OIO scope-TJJD Related Not Sustained-County Related Type & Disposition-Fourth Quarter FY 19 Sustained-TJJD Related Sustained-County Related Unfounded-TJJD Related Not Sustained-TJJD Related Not within OIO scope-TJJD Related Not within OIO scope-County Related 1 1 1 1 1 1 1 1 1 1 1 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 128 inquiries and referrals during the fourth quarter of FY 20, 93 related to TJJD and 35 related to county post-adjudicated facilities. When compared to the fourth quarter of FY 19, this represents a decrease of 25.6% for TJJD facilities and a decrease of 47.76% for county post-adjudicated facilities. Inquiries/Referrals for TJJD-Fourth Quarter FY 20 15 3 41 17 17 Inquiry Referred to Facility Staff Referred to TJJD Grievance System Referred to TJJD Inspector General Referred to TJJD State Programs and Facilities Inquiries/Referrals for TJJD-Fourth Quarter FY 19 1 5 24 1 8 63 23 Inquiry 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 & 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-Fourth Quarter FY 20 4 2 1 28 Inquiry Referred to Facility Staff Referred to Facility Grievance System Referred to TJJD Inquiries/Referrals for County Post-Adjudicated Facilities-Fourth Quarter FY 19 8 7 52 Inquiry Referred to Facility Staff 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 Jun-19 Jul-19 Aug-19 Jun-20 Jul-20 Aug-20 OC 52 70 60 82 43 48 Restraints 193 254 234 147 71 81 Assaults-Youth on Youth 34 31 41 22 18 19 Assaults-Youth on Staff 45 50 45 25 17 45 Escape/Attempt Escape 0 0 2 0 0 0 Fleeing Apprehension 23 46 20 50 7 11 Gang related 21 52 36 11 1 17 Part. Major Disruption 23 21 26 29 0 0 260 260 240 240 220 220 200 200 180 180 160 160 140 140 120 120 100 100 80 Jun-19 80 Jun-20 60 60 40 40 20 Jul-19 20 Jul-20 0 0 Aug-19 Aug-20 Gainesville State School Jun-19 Jul-19 Aug-19 Jun-20 Jul-20 Aug-20 OC 3 3 11 7 4 6 Restraints 23 22 49 36 47 50 Assaults-Youth on Youth 6 17 16 8 4 21 Assaults-Youth on Staff 24 19 23 12 15 20 Escape/Attempt Escape 0 0 0 0 0 0 Fleeing Apprehension 2 0 0 4 4 3 Gang related 0 3 1 2 1 3 Part. Major Disruption 9 13 19 0 0 6 60 60 50 50 40 40 30 30 20 Jun-19 20 Jun-20 10 Jul-19 10 Jul-20 0 0 Aug-19 Aug-20 10 Giddings State School Jun-19 Jul-19 Aug-19 Jun-20 Jul-20 Aug-20 OC 58 36 30 37 35 33 Restraints 111 91 81 64 68 78 Assaults-Youth on Youth 32 29 59 19 11 24 Assaults-Youth on Staff 14 14 12 9 13 13 Escape/Attempt Escape 0 0 0 0 1 0 Fleeing Apprehension 86 42 31 115 53 38 Gang related 9 4 10 7 2 13 Part.