Independent Ombudsman for the Texas Juvenile Justice System McLennan County Juvenile Correctional Facility Site Visit Report March 14?15, 201 7 Observer: Purpose: Routine SecureFaci itv Site Visit Report: This report is designed to identify problems and seek remedies that help secure the rights and ensure the safety of youth housed at the Facility. The issues identified in this report are based entirely on the Ombudsman?s observations, interviews with staff and youth, and collected data. Unless otherwise noted, the issues identified in this report do not constitute formal legal findings. Last Review Date: February: 21-22, 2017 Facility Budgeted Capacity: 188 Facility Population: 209 Number of Youth Interviewed: 36 Summers; FACILITY, PROGRAMS, PROCESSES or ADMINISTRA TIVE FUNCTIONS: Upon arrival most of the residents were on their dorm. The residents were out of school this week due to spring break. Little engage in. During the two day visit the residents were observed sitting on their dorms without structured activities and video review re?ected the same. There was an incentive occurring during the visit that consisted of basketball games in the gym, but only youth who have not been in trouble for 30 days were allowed to attend. The residents also reported that they have been eating all their meals or lunch and dinner on their dorms for the last couple weeks due to construction of the sidewalks/roads on campus. While on dorms F, l, and there was a lack ofstructure and control. The residents were observed running around, cursing, threatening others, horsepiaying, and throwing trash around with little to no redirection from staff. These dorms were also observed watching inappropriate rap videos and throwing gang signs along with the videos. The residents reported that if it?s not their day to have the channel changer, they will lift another resident up in the air so they can reach the television and change the channel. On one occasion, two residents lifted another youth up and he fell on the ground. One of the residents then started to stomp on his head with his foot while he was lying on the ground. The youth ended up with severe injuries and was hospitalized. Video review re?ected that the residents were attempting to lift someone up a couple of times all while the JCO staff sat at a table with his back turned, unaware of what was occurring. The injured youth reported that the individual that assaulted him did it because he was mad that the other residents were not going to put this youth on ?be" and extort him. This youth is currently being housed on a dorm by himself and reported that other than his case manager and dorm supervisor, no higher up administrators have been by to speak to or check up on him. Several residents reported extorting, threatening, and picking on youth occurring on the dorms. There were seven youth being held in Security that were refusing to leave due to safety concerns. Security files were reviewed and re?ected several deficiencies with the due process paperwork. Some of the residents allege that they are not being asked to sign the Level Hearings or if they would like to appeal it. Dorm was missing the majority of the ceiling that wraps around the control picket. It was reported that this occurred last month when residents caused a disruption and were throwing items up at the ceiling and then getting in the ceiling and kicking the tiles out. The facility currently has 58 ICO vacancies and three case manager vacancies. INTERVIEWS: The residents on dorms F, I, and continue to report that they are not being offered haircuts. These youth were observed with long hair that was not properly cut or styled. They stated that when the barber comes, he only cuts the hair of the residents on dorms and A. The residents on both of those dorms reported that they have had haircuts. The residents on dorm F1 reported that their shower water is ice cold and they are continually told that a work order has been submitted but nobody comes by to fix it. One resident stated that his toilet was clogged for 2-3 days before someone came to fix it. The residents on dorm stated that they do not have a grievance box on their dorm and since they have not been going to the cafeteria to eat they have been unable to turn in grievances. This Ombudsman turned in a grievance for one of the youth during the Visit. Residents on dorm also stated that there are three staff members that blackmail and threaten the youth if they call the hotline. This was communicated to the Assistant Superintendent and will be followed up on next site visit. Complaints were also received regarding lack ofclothing, hygiene items, and toilet paper. Some individual issues were received and are being followed up on. MON THL UMMAR Y: Facility incident data was taken from the TJID intranet on April 6, 2017. Of all the monitored incident categories, only gang-related incidents decreased from january. incidents involving inappropriate or sexual conduct remained steady, and all other incidents increased. The table and graph below detail the number ofincidents by category and month. McLennan County Juvenile Correctional Facility, March 14-15, 2017 Page 2 of 11 lO-003 01/16 Mar?16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep?16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-Restraints 116 117 144 123 Assaults YAssaults Gang related Inappropriate/Sexual Conduct 134 146 110 144 147 Prohibited lte ms/ Contra band 129 ?-Restraints 100 w} .L ?Assaults 80 -?Assaults Y-S 50 -.- . - -?Gang related 40 Inappropriate/Sexual Conduct e-mwprohibited Items/Contraband 20 Mar-16 Apr?16 May-16 Jun?16 Jul-16 Aug-16 Sep-16 Oct-16 Nov?16 Dec-16 Jan?17 Feb?17 Issues Identified Issues from previous site visits remain on the report until the ombudsman has con?rmed that the response presented by Tij has been completed and implemented. Date Identi?ed Issue TJID Response Follow Up 3/14/17 During the visit, dorms F, J, and After further review it was discovered that were observed watching the Channel the youth were watching airs inappropriate rap videos on the bow appropriate (PG) and inappropriate television Several of the content (MIR). As of 3/23/17 our IT . . . department has blocked that channel and reSIdents were observed Singing McLennan County Juvenile Correctional Facility, March 14-15, 2017 Page 3 of 11 lO-003 01/16 and throwing gang signs along with the videos. The residents reported that since they are out of school they have been watching television all day and have not been following the schedule or had any activities to participate in. Why are the channels that air inappropriate content not blocked? Why are the youth not participating in structured activities, especially during spring break, or following the 16 hour schedule? a list of all blocked Channels has been provided to the Dorm Supervisors. Dorm Supervisors and JCO Supervisors will consistently monitor compliance with the 16-hour schedule. Any JCO staff allowing youth to watch TV shows that are not pro- social and not following the 16 hour schedule will be addressed through the progressive discipline process. This topic was discussed in the Town Hall meeting on March 21, 2017. Youth did have a robust recreation schedule for the week of spring break including their own March Madness basketball tournament. 3/14/17 Residents on dorms F, J, and were observed running around the dorms, throwing items, cursing, threatening others, and horse playing. The staff working did little to intervene or redirect the residents. The dorms were chaotic and lacked control. A couple days prior to the visit, a youth had his head stomped on the ground by another youth?s foot and was severely injured. This incident could have possibly been prevented if there was more supervision and control of the dorm. Dorm was missing the majority of the ceiling tiles around the control picket due to some residents throwing items up at the Administration takes-the incident you described in which youth are injured, as well as misbehavior, seriously. The incident regarding the youth who was injured after being kicked in the head is under investigation, including the staff response. Overall incidents at Mart, however, have reduced significantly over the past five months as demonstrated below. One important aspect of gaining control of youth in a setting like this, is the utilization of effective behavior groups. Recently we completed a follow up training for JCO staff and supervisors on behavior groups. The skills learned will be used to conduct effective behavior groups when youth display disorganized behavior. These groups will be conducted by the JCO staff assigned to the pod. Fidelity of this process will be monitored by the JCO Supervisors on an ongoing McLennan County Juvenile Correctional Facility, March 14-15, 2017 Page 4 of 11 01/16 ceiling and getting in the ceiling and kicking the tiles out. What can be done to gain structure and control and ensure the safety of the residents and staff? basis. Any Staff member?s failure to effectively hold behavior group will be administratively addressed and the youth that do not comply with this process will be held accountable. INCIDENT RATE PER 100 ADP mum Xl$2 WI 3/14/17 Review of the due process papenlvork in Security reflected that several of the youth were refusing to sign the Level Hearing Reports and did not wish to appeal it. In talking with the youth, they reported that they were never asked to sign the paperwork or asked if they wanted to appeal the hearing. One of the youth stated that he did want to appeal it and this information was communicated to the Security Case Manager by the Ombudsman. In addition, several of the incident reports were not complete, missing dates/times, and youth were being held in Security longer than allowed. What can be done to ensure that the youth are being afforded their due process and that paperwork The Manager I of Security Operations and the Director of Security met with the Security Case Managers on 3/21/2017 and reiterated the expectation that the youth must be afforded their due process and that the papenrvork must be filled out accurately. A will be kept on file in the Superintendent?s Office. The Manager I will provide oversight to ensure the due process is being given to the youth participating in the hearings. Any deficiencies found regarding Level Hearings will be administratively addressed. McLennan County Juvenile Correctional Facility, March 14?15, 2017 Page 5 of 11 4 IO-003 01/16 is being filled out correctly? 3/14/17 Residents on Dorm F1 reported that their shower water is ice cold. They stated that they were told a work order was submitted but nobody has come to fix it. Has this been fixed? The showers were fixed with work completed on 3/20/17. 2/21/17 Two youth from dorm H4 were in security refusing to return to the dorm due to safety concerns. Specifically, the youth reported that peers attempted to extort food from them, which caused them to fear they would be attacked. What will be done to ensure that youth on this dorm feel safe? Dorm Supervisors have been monitoring this to ensure the safety of all youth. The Dorm Supervisor and/or JCO Supervisors on Dorm assist with moving youth to lunch and dinner to ensure that safety is maintained during movement. Behavior groups are held daily to help find other methods of resolving differences other than hitting their peers. The Dorm Supervisor as well as the JCO Supervisor will ensure that staff is abiding by the safety plans of all youth on Dorm. Any deficiencies will be appropriately addressed. 3/14/17- OIO Follow-up: During the visit there were seven residents in Security who were refusing to leave due to safety concerns. They reported that they are being picked on, threatened, and extorted by other residents. Most of the residents reported that they are not going to leave security until they are moved to another dorm or facility. What can be done to keep these residents and others safe, as well as prevent the bullying and extortion from occurring? 3/14/17 - TJJD Response: Dorm Supervisors and have been directed to be vigilant in watching for any bullying and extortion that might be occurring. All cases of extortion will continue to be taken seriously and given the attention they merit. JCO staff were also directed to ensure that they are properly McLennan County Juvenile Correctional Facility, March 14?15, 2017 Page 6 of 11 IO-003 01/16 reported that staff improperly disclosed confidential youth information. One youth reported that a case manager showed him emails written by a therapist abOut that youth. The second youth reported hearing from peers that his case manager was discussing confidential details of that youth?s case with other youth. What will be done to ensure that staff members do not improperly disclose confidential information? 2721' I17 ?_Y_th?on Fi??(Fruit Eported not receiving daily showers. Youth and staff reported that, due to a shortage of male staff, male staff rotate around agar?f?nembe?re expecte?o mainta? confidentiality of all agency records and information relating to TJJD youth and employees. This incident was administratively addressed with the Case Manager by the Dorm Supervisor. We will continue to immediately address any future occurrences to ensure that staff members do not improperly disclose confidential information. ?supervising ??onFonting Follow?up: youth. All Supervisors will be expected to monitor compliance with safety plans, supervision, as well as pat downs. Any deficiencies in this will be administratively addressed. Senior TJJD staff including Director of Treatment. Senior Director Directo and Director 3 ed the youth at Mart refusing to leave security with treatment and operations staff developing action plans for each youth on March 23rd. The March site visit was conducted prior to receiving the responses for February; but there were no complaints received regarding case managers disclosing confidential information so this issue will be closed. Dorm Supervisors Will monitor and review DVR footage weekly during the shower routine to ensure this practice is not occurring. The JCO On Duty Supervisor McLennan County Juvenile Correctional Facility, March 14?15, 2017 3/14/17? oro FoIIcW-upf The March site visit was conducted prior to receiving the responses for February; v? e_ns?e_that one male staff is assigned Page 7 of 11 01/16 dorms to monitor youth during showers. According to youth, staff would often order them into their rooms before shower time, but would not provide showers. What can be done to ensure all youth are given the opportunity to shower according to controlling policies? to each pod during the PM shift to offer the opportunity to shower. In the event a male staff is not available the ODS and Dorm Supervisor will be contacted immediately in an effort to have a male staff from another area conduct the shower routine for the youth. The JCO Staff will document the shower routine on the INS -110 whether youth were given the opportunity to shower or if they refused. Any deficiencies found in this process will be immediately addressed. received regarding the youth not being offered showers so this issue will be closed. 2/21/17 Youth reported that one of the Any time a dryer is damaged a work order 3/14/17- OIO Follow-up: dryers in J-dorm was broken, and is immediately submitted to maintenance. The March site visit was that they were not able to dry their There are times dryers are damaged conducted prior to receiving laundry every time it was washed. beyond repair and must be replace. The the responses for February, According to youth, the dryer was Dryers on were replaced on 3/7/17. therefore, this issue will be previously damaged in a fire. To ensure youth are drying their laundry followed up on next visit. When a youth opened the dryer staff members are utilizing the dryers door to show the damage to the located on the other pods until the dryers OIO, the door fell off the dryer. are replaced. What can be done to ensure affected youth can dry their laundry? 1/25/17 Multiple youth from H?dorm After a review of the Hair Cut Logs for 2/22/17 OIO Follow?up: complained that they were not receiving haircuts according to schedule. Administration provided a copy of the haircut schedule to the 010 during out-briefing for this site visit. Have all youth been receiving haircuts according to the prescribed schedule? If not, what can be done to ensure youth receive scheduled haircuts? Dorm and the barbers invoices, the youth have been afforded the opportunity for a haircut weekly. However, youth are requesting specific types of haircuts that are not in the TJJD Barber Contract. This causes the youth to become non? compliant and refuse the haircut. Youth continued to report that they were not receiving haircuts according to the facility haircut schedule. Staff interviewed by the OIO supported the youths? claims, and numerous youth were observed with hair that did not appear properly cut or styled. One youth reported that he was denied a stage promotion McLennan County Juvenile Correctional Facility, March 14?15, 2017 Page 8 of 11 IO-003 01/16 during a recent MDT, and that the only reason for the denial was his inappropriate haircut. According to the youth, he wanted to get a haircut, but was unable to do so because he had not seen a barber in some time. What further actions can be taken to ensure all youth are given the opportunity to receive haircuts according to controlling policies? 2/22/17 - TJJD Response: The TJJD Barber Contract is currently in the process of being revised. We are working towards hiring 2 additional barbers in an effort to ensure all youth are given the opportunity to receive haircuts. 3/14/17- OIO Follow-up: The response for the February site visit was not received prior to the March site visit being conducted. During the March visit, all of the youth on dorms reported that they have not been offered a haircut for a couple of months. The youth on these dorms were observed having long un- groomed hair. The youth reported that the barber only McLennan County Juvenile Correctional Facility, March 14-15, 2017 Page 9 of 11 lO-003 01/16 calls certain dorms because there was an incident involving a youth breaking the barber?s scissors several months back. This continues to be an issue and will be followed up on next visit. 1/25/17 Multiple youth have complained to the OIO that they are having difficulty communicating with their case managers. Case manager notes in CCS have indicated that some case managers are carrying caseloads that make timely communication with youth and record input difficult. What can be done to ensure youth receive access to their case managers according to controlling policies? Mart Long Term campus currently has 3 vacant case manager positions and the agency is under a hiring freeze. To balance current caseloads, youth have been reassigned to the Dorm Supervisors to ensure they have access to appropriate staff to address their case manager concerns. The dorm caseloads will continue to be monitored to ensure we are following TJJD case management standards. 2/22/17 OIO Follow-up: Youth continued to report that they were not meeting with their Case Managers with regularity. What further actions can be taken to ensure youth have adequate access to their Case Managers? 2/22/17 - TJJD Response: Unfortunately, no specific youth were identified in this finding. However, it is highly unlikely that all youth are complaining that they do not meet with their case managers. As previously mentioned we still have 3 vacant case managers position and the agency is still currently under the hiring freeze. To balance current caseloads, some youth have been reassigned to the Dorm Supervisors to ensure they have access to appropriate staff to address their case manager concerns. Waivers to fill the vacant case McLennan County Juvenile Correctional Facility, March 14-15, 2017 Page 10 0f11 01/16 certify that this report represents a true and accurate assessment of all issues identi?ed. Submitted by: - Lisa Hale Senior Deputy Ombudsman Deputy Ombudsman Date Date McLennan Countyluvenile Correctional Facility, March 14-15, 2017 manager positions have been submitted to Central office, pending approval. We will continue to monitor and address any; deficiencies found in the TJJD case management standards. Bil-11M 7? OIO Follow-up: The March site visit was conducted prior to receiving the responses for February, therefore, this issue will be followed up on next visit. Page 11 0f11 10-003 01/16