Youth Commission Resigns Amid Controversy

AUSTIN, Texas — The board of directors for the state agency responsible for housing youth offenders resigned in March amid reports that employees covered up allegations of sexual abuse of wards — the latest development in a two-year investigation of the juvenile correctional system.

Gov. Rick Perry called for the resignation of the six-member Texas Youth Commission board following pressure from the state Legislature. The Senate voted to oust board members after reports surfaced in February that agency workers covered up allegations that two administrators at the West Texas State School in Pyote had molested male wards more than two years ago.

Former Assistant Superintendent Ray Brookins and former Principal John Paul Hernandez were accused in 2005 of engaging in sexual misconduct with wards, following an investigation by the Texas Rangers. The agency filed a report with a local district attorney, but grew concerned in March 2005 when charges were not filed against Brookins or Hernandez. Ranger officials then submitted their report to the U.S. Department of Justice and the case now lies with the attorney general’s office.

Before stepping down, board members recommended a reform plan proposed by Ed Owens, acting executive director for the commission, which calls for stricter supervision, a centralization of TYC departments and new procedures for investigating sex abuse allegations. The board has transferred authority to Owens, who was hired to rehabilitate the agency through a systematic overhaul of commission policy, procedure and staffing requirements.

Owens will also consult with Special Master Jay Kimbrough, who was appointed by the governor to spearhead an investigation of reports of failures and wrongdoings by TYC staff, and specific instances of abuse. After reviewing the commission, Kimbrough will present his findings to the governor and the Legislative Audit Committee.

The state senate also approved emergency legislation proposed by Perry that will allow the attorney general to share jurisdiction with the local county or district attorney when prosecuting commission offenses; give the commission’s inspector general more authority and autonomy; and allow the commission’s special prosecution unit to have expanded jurisdiction when prosecuting crimes committed at TYC facilities.

The sex abuse case is now being investigated by a grand jury, which has not heard testimony against Hernandez and Brookins. Federal prosecutors have cited difficulties in pursuing charges, due to a lack of evidence. Other difficulties include proving that any sexual acts were not consensual. The jury has adjourned, but plans to reconvene in April.

Two other high-ranking commission officials recently resigned, including General Counsel Neil Nichols, who briefly served as executive director, and Deputy Executive Director Linda Reyes. The two administrators were part of the senior management team that was in place at the time allegations surfaced.

The commission is also facing other allegations, including reports of harassment and physical abuse at the hands of staff members. More than 6,600 cases of abuse have been reported to local law enforcement agencies during the last six years, 18 of which have been prosecuted, according to reports. Commission investigators reported 13 cases of sexual abuse, none of which were prosecuted.

The youth commission houses about 2,700 wards, ages 10 to 21, who are considered dangerous or chronic offenders.