TYC Board: Where Is The Action? Why Didn’t Agency’s Director Tell His Board The Same Thing He Told The Senate Committee?

A review of minutes of the board of the Texas Youth Commission from 2004 to the present show a story of inaction and self-congratulation among the board, and only the rarest of mentions of the abuse scandal that has engulfed the agency.

As far back as September 2004, abuse in TYC facilities was mentioned or discussed in some form or fashshion by the Commission’s board. From the minutes of the board’s September 19, 2004 meeting:

Mr. Harris said that on September 15, he, Dr. Reyes, and Mr. Neil Nichols traveled to Houston for the House Juvenile Justice and Family Issues Committee hearing, chaired by Representative Dutton, to discuss abuse in juvenile facilities. Mr. Harris said that they shared with the committee concerns for TYC youth, and about TYC’s credible system of investigation abuse and neglect. Mr. Harris said that he wanted the Board to know that they play an important part in that system because of their reviews of TYC’s investigations.

Mr. Harris said that Donna Bonner, administrator of the interstate compact on juveniles was elected president of the national association. Also, TYC is proud of its Purchasing Department; they received the best audit finding in 10 years from the Texas Building and Procurement Commission’s audit team. They received a 97.94% finding in the post-payment audit. In addition, TYC was commended by the Audit Section from the Comptroller’s Office Fiscal Management Claims Division. The auditors sampled payroll, purchase, travel and placement transactions, and commended the Internal Audit staff for their attention to detail, for their knowledge of rules and laws, and for implementing beneficial internal controls. [Emphasis mine]

So, as far back as 2004, the agency’s director, Dwight Harris, no angel in this scandal, was telling members of the TYC Board that they played an important role in the investigation process when it came to abuse allegations. Then, the minutes show the board went immediately into self-congratulatory mode praising its purchasing department and crowing about a recent audit. From abuse to audits, in one foul swoop.

The next month, November 2005, there is a brief mention of a follow-up at the Evins Unit:

Mayor Alfaro stated that he and the Executive Director, Mr. Harris, also visited the Evins Regional Juvenile Center and that they followed up on a couple of outstanding issues. Mayor Alfaro said that he continues to be very impressed with the dedication of the TYC employees all working towards the common goal, which is the youth of the State of Texas.

This was about a year after a minor riot at Evins, and several months before TYC issued a belated statement on what had happened. It was more than a year before the Federal Department of Justice began investigating the facility.

Alfonzo Royal, the Governor’s Advisor and Colby Beuck, Policy Analyst, Lieutenant Governor’s Office were both present for this meeting.

In January 2005, as hell was breaking loose at commission facilities around the state, the board started off its meeting with a nauseating display of self-congratulatory self-love:

Mayor Pete C. Alfaro called the Texas Youth Commission (TYC) Board meeting to order at 8:30 a.m. Mayor Alfaro said that he was privileged to be the TYC Chairman of the Board and welcomed all visitors to the Board meeting. Mayor Alfaro said that the Board continues to focus on the purpose of the Board, and that is the youth of the Texas Youth Commission. Mayor Alfaro stated that the Board members are interested not only in the youths’ welfare, but in the educational opportunities and the care of the youth and that the Board will continue to do the business they have been doing all these years.

Mr. Nicholas T. Serafy, Jr., thanked everyone for being at the meeting and said that the meeting was the first meeting of the year and the first meeting during the Legislative session. Mr. Serafy told staff that a lot was ahead and to hang in there and all will be fine.

Ms. Patsy Reed Guest said that it was nice to return to the wonderful city and at the Committee meeting held on Wednesday, January 26, the Audit staff were doing a wonderful job.

Mr. Steve Fryar said that he appreciated everyone coming to the Board meeting and that the coziness of the room exuded a family atmosphere.

Dr. Gogi Dickson said that it is a great honor to serve on this commission for the children.

Mr. Don Bethel said that he appreciated everyone being at the Board meeting.

Mr. William Mahomes, Jr. said that he was delighted to be at the Board meeting and delighted to see everyone.

Following that, Executive Director Dwight Harris reveals that, following the Evins disturbance, allegations of abuse that had occurred in October, 2004, had surfaced:

Mr. Dwight Harris thanked the Chairman and Board members. Mr. Harris said that the Board received periodic update of actions that have been underway since the disturbance at the Evins Regional Juvenile Facility on some of the subsequent allegations of abuse that occurred during the end of October 2004. Mr. Harris stated that he wanted to talk about current allegations and some of the corrective action taken. Mr. Harris said that before he addressed the Evins situation, he wanted to take the opportunity to mention a few other things going on in the agency.

After several innocuous statements about other TYC business, Harris launched into the meat of the Evins problem:

Mr. Harris shifted gears to talk about a serious situation at Evins Regional Correctional Facility in Edinburg. At the end of October TYC staff deployed from other TYC facilities to provide support at the Evins facility after learning some youth may be planning unrest on the campus. Concerns about potential unrest were confirmed by youth who were being transported to other facilities after having been involved themselves in staging multiple gang related fights at lunchtime on October 28 in the cafeteria. They were overheard talking about their disappointment in missing out on more excitement that was to come.

Director Harris said that precautionary action to deploy these staff paid off on the morning of October 30 when the youth from one of the pods in a 96 bed dormitory with four pods began to create a disturbance and staged a takeover. Twenty-two youth threw computers, flooded the floor, and caused other damage to the dorm, essentially rioted on part of that unit. Evins Regional Correctional Facility staff and support staff deployed from other facilities were on the scene promptly and they restored order within one hour. Mr. Harris said that this was the type of crisis scenario that they were trained for as a team and they carried out their task with the utmost of professionalism. Minimal injuries associated with the disturbance itself were sustained in regaining control of the facility’s pod. One youth accidentally cut himself when he broke a glass window on the dorm. Another youth was injured by his peers during the disturbance. TYC staff were pelted with broom handles and mop handles without significant injuries to staff or to kids. It was learned later that these youth had planned disturbances on all four pods in the 96-bed dormitory.

Mr. Harris continued by saying that in the days and weeks that followed the disturbance, staff from other facilities continued to be rotated through the Evins facility to assist in maintaining order and reestablishing a positive environment. However, during a three-day period in the week following the disturbance, allegations from staff, youth, and parents were received that several youth had been abused or mistreated by some TYC staff members. Central Office management immediately increased oversight and training activities to ensure the safety of the facility.

Mr. Harris said that when the Inspector General’s (IG) office received the allegations, they immediately began assigning additional IG’s from around the state to Evins to assist the local IG because of the number of allegations, 19 altogether, plus the number of youth and staff needing to be interviewed. As in the case of all mistreatment allegations, the IG’s were able to conduct unfettered and thorough investigations to reliably get the facts.

Director Harris said that the IG’s found that eight employees, most of whom were staff that had rotated from other facilities, four from San Saba, two from West Texas, and two from Evins, were involved in incidents of abuse between November 5 and 8. Mr. Harris said some examples of the confirmations were: a youth was struck in the mouth and at least two were thrown or dropped to the ground, one was kneed in the side, another was grabbed by the ear, one’s head was hit against an exit door. Some of the youth were injured as a result with cuts and abrasions. One had a neck strain. What made these acts particularly reprehensible was that during these occurrences these youth were restrained with their hands behind their back. A number of youth were found to have been restrained unnecessarily. All these employees have been suspended without pay pending further disciplinary action.

Mr. Harris explained that a management team with the assistance of the special investigations unit was looking further into these incidents to determine whether supervisory directives might have contributed to them or whether inadequate supervisory oversight played a part. Dr. Reyes, Deputy Executive Director, has directed the Juvenile Corrections and Rehabilitation Services division directors to assemble a team of field and Central Office managers to review the deployment of staff in response to emergency situations such as this. They are to determine what changes in policy and training are needed to ensure youth and staff safety in the future.

He said finally that, in addition to the anticipation of the level of youth unrest that occurred at this facility in October, it was known by then that there were problems with the programs and operations at the facility. Mr. Harris said that as is the practice, Chairman Alfaro and he routinely conducted unannounced visits to the facilities. Mr. Harris said that they visited the Evins Regional Correctional Facility in September 2004. He said they did not find that the facility met the standards and the conditions expected. Mr. Harris said that following the event, he immediately directed the entire eight-member Executive Council to go to the facility and conduct a comprehensive program assessment. They did so and the result was the preparation of a very comprehensive corrective action plan of the facility that covers all aspects of the program. Juvenile Corrections Director, Britt Canary, and the new Evins Superintendent, Bart Caldwell, continue to implement this plan and significant improvements have been made.

On a personal note, Mr. Harris said that as the Executive Director, he was deeply saddened, shocked, and disappointed by the abuse of these youth by these staff. Mr. Harris said that such actions were totally contrary to everything that TYC stood for. Youth have already been punished when their liberty was taken away and they were sent to TYC for rehabilitation. The vast majority of TYC staff are hardworking, dedicated, caring, and committed employees to our mission of rehabilitation. Given the right conditions, a safe, secure, nurturing environment, with skilled staff and positive role models, young people can and will change their lives for the better. The majority of the youth in TYC have already been abused and neglected prior to commitment. Mr. Harris said that he believed this is a contributory factor to youth delinquency and why the agency tries to be vigilant in ensuring that the environment is free from abuse, neglect, or mistreatment. Every effort is made to prevent reoccurrence, and if and when it should occur, appropriate action is taken.

Note that all of this ralates to physical, not sexual abuse. The response, however, “increased oversight and training,” was clearly inappropriate. A criminal investigation should have been undertaken. If this is how the TYC handled physical abuse, we can see why they did no better when it came to sexual abuse.

In March, 2005, Executive Director Dwight Harris reported on recent testimony he had given to the Senate Criminal Justice Committee on the Evins Unit Disturbance. He also mentioned this:

Mr. Harris said that Evins new Superintendent, Mr. Bart Caldwell, who has been in the agency for several years; very capable, competent leader; and is doing a fine job. The Evins campus has been quiet and running smoothly; there were no major disturbances, or increases in allegations of mistreatment to report since the allegations in November 2004. Close monitoring of the Evins facility operations continues. Increased oversight and accountability throughout all agency programs are being conducted. Also at the Evins facility, higher quality surveillance cameras that provide clear images and larger area coverage were installed.

What is glaring here is Harris’ omission. Two days earlier, in testimony before the Senate Judiciary Committee:

He told committee members he wanted “to mention one other, um, situation … about sexual impropriety between staff and youth.”

Yet, in the March 17, 2005 meeting, Harris had nothing to say about this to the agency’s own board! By contrast, he told the appointed board:

Mr. Harris said that he was pleased to report that the testimony before the Senate Criminal Justice Committee went well on Tuesday, March 15, 2005 . TYC was invited to provide testimony regarding the events that unfolded last fall at the Evins Regional Juvenile Center in Edinburg . Mr. Harris reported to the senators that a corrective action plan was in place as a result of the comprehensive, in-depth evaluation of the events surrounding some of the abuse incidents at that facility. This was shortly after a major disturbance occurred in the facility, which some special tactical team was sent in to support the staff at the Evins facility.

This is about the same time that TYC officials were sending out emails about the sexual abuse, which were revealed last week when the agency tried to shift blame from itself and governor Perry to members of the Legislature.

Then, for each meeting until July, 2006, aside from an unspecified parent complaint, not a word was mentioned about abuse, neglect or anything else, except staff safety, legislative appropriations, and more self-congratulatory rhetoric.

Then, in July, 2006, this:

Mr. Harris said in March 2005 he submitted a technical assistance request to the U.S. DOJ OJJDP for their assistance to determine how to prevent and reduce the number of abuse and neglect cases in the agency. He said he also asked for any recommendations that might reduce the number of staff injuries related to youth aggression. The DOJ OJJDP accepted the request for a technical assistance review.  Mr. Harris said he is currently working with the consultant provided by the OJJDP to work out the best way to take advantage of their help.

Mr. Harris said in addition to the OJJDP assistance, staff is working collaboratively with the Texas Attorney General’s Office to prepare for the Department of Justice investigation of conditions of confinement at the Evins facility.  Mr. Harris said he explained in an e-mail communication to all employees what to expect during the process, with a summary of some of the findings made by the DOJ in other state juvenile systems.  Mr. Harris said he does not view the DOJ investigation as an indication of wrong doing, but rather as an opportunity to receive critical feedback from national experts in the field of juvenile corrections on TYC’s policies, procedures, and practices. He said, essentially, it is an opportunity for improvement. Therefore full support and cooperation as they assess the conditions of confinement at the Evins facility will be extended by TYC to the DOJ representatives.

That’s funny, because there was no mention of this technical request prior to this meeting, even though it was issued a year earlier.

It also just happened to be mentioned to the Board almost one year to the day after the Department of Justice issued a letter Texas Ranger Brian Burzynski stating the DOJ was declining to prosecute alleged abusers at TYC facilities.

Then, for the last month of minutes online, September, 2006, not a word about abuse of any kind.

How could it be, with abuse and a Texas Rangers’ investigation raging within the TYC, that none–or very little–of any of this was mentioned to the TYC board? And, why didn’t the TYC board ask more questions? Surely, they had to be, or should have been, aware of the problems?

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