Some Youths Need Access To Services Outside TYC

Article published Jan 10, 2010
Posted on
Sunday, January 10, 2010
On The Scene: Some Youths Need Access To Services Outside TYC
By DAYNA WORCHEL
Staff Writer

In a recent article, I reported on an Associated Press story that discussed current state law mandates that the Texas Youth Commission release juveniles who have served their sentences and are not making progress in the Commission's mental health treatment program.

The story specifically mentioned the stabbing death of John Tyler High School Teacher Todd Henry, and how the youth who is accused in the stabbing was released from the TYC without receiving follow-up mental health services.

My goal here is not to specifically discuss the Tyler youth, or to criticize the TYC. The job the professionals have there can be enormously challenging. I want to get across how crucial it is for these juveniles to have access to these services once they are discharged from the system.

Jim Hurley, public information officer for the TYC, said the agency is required to release juveniles to their parents or guardians who have completed their minimum confinement period and if the youth have a primary brain disorder that keeps them from progressing in treatment. He said it is up to the TYC mental health professionals to make the determination of whether or not the youth is making that progress.

It was one comment Hurley made in the course of my interview with him that really hit home:

"Even when they are discharged, we cannot force a parent to make sure they get treatment," he said.

My first reaction upon hearing this statement was a feeling of utter hopelessness and futility. And then I felt worried, both as a parent and as a member of the society in which these youth will be released. My worry stems from the kind of world in which we are all going to be living when these young people, who do not receive appropriate follow-up care, continue to commit crimes which will affect us all. Some of these crimes may be vicious, such as the one in which the Tyler youth is accused.

Although there are no guarantees that receiving such follow-up care will stop a crime from happening, it certainly can help a troubled youth to get on the right track. It could also mean the difference between life and death for a potential crime victim.

Of course, there are a million different circumstances -- many of the youths who serve their time and are released still needing these services may not go home to parents at all. They may be returned to homes and situations where there is a guardian, perhaps an older sibling or other relative who must work at more than one job in order for the family to survive. It can be a struggle in such families just to put food on the table, much less see that a child receives follow-up medical care, no matter how badly it is needed.

But the mission of the TYC is unique from the state's adult prison system -- first, because it serves youths, and second, because it focuses on rehabilitation, education, and medical treatment.

In fact, the agency's mission statement on its Web site states in part "the juvenile corrections agency, promotes public safety by operating juvenile correctional facilities and by partnering with youth, families, and communities to provide a safe and secure environment where youth in the agency's care and custody receive individualized education, treatment, life skills and employment training and positive role models to facilitate successful community reintegration."

The key words are "partnering," "families," "communities" and especially "successful community reintegration." It takes parents or guardians, institutions, and communities working together to see a youth successfully rehabilitate so that he can be a productive and contributing citizen in society, if such rehabilitation is possible. The only other choice is for the child to go back to the same behavior which put him in the TYC in the first place.

It would appear there is a bright spot on the horizon. Rep. Jim McReynolds, D-Lufkin, authored HB 4451 in the last legislative session. The legislation authorizes a child with mental illness or mental retardation who is discharged from the TYC after having served his sentence to be eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments.

But McReynolds, who is a retired educator, admits that the issue is complex and in his words "has many moving parts." As the Chair of the state's Corrections Committee, he said he has plans to hold interim hearings on the topic before the legislature meets again in 2011.

"I would like to see us do the best we can to redeem these young lives," McReynolds said. On that point, all of us can agree.

Repeat Offenses in Texas Raise Questions Over Release of Mentally Ill Juveniles

From the NY Times:
Repeat Offenses in Texas Raise Questions Over Release of Mentally Ill Juveniles

By THE ASSOCIATED PRESS
Published: December 20, 2009

TYLER, Tex. (AP) — A 16-year-old former juvenile detainee was accused of stabbing a high school teacher to death with a butcher knife. Another teenager was convicted of killing a roofer during a robbery spree.

Both were released by the Texas Youth Commission because the agency was not equipped to treat their mental illnesses, and under the law, had to let them go.

The cases highlight what some juvenile justice experts say is a loophole in the way Texas treats under-age offenders with severe psychiatric issues. Data obtained by The Associated Press reveal that the commission has released more than 200 offenders because of mental health issues in the last five years and that more than one-fifth of them went on to commit new crimes, some of them violent.

“All these cases are failures where we should have done something different,” said Richard Lavallo, legal director for Advocacy Incorporated, an organization in Austin that helps children with disabilities.

In most states, young offenders are not discharged from custody because of mental illness unless they are being committed to hospitals. But under a 1997 law meant to keep mentally ill juveniles from being held in detention centers where they cannot get proper treatment, youths in Texas who are serving indeterminate sentences and who have completed their minimum required time in custody are released to parents or guardians.

While some experts said Texas should be commended for not warehousing such offenders where they cannot get treatment, they questioned the logic of releasing them without ensuring that they receive supervision.

“Without some requirement for supervision, it doesn’t seem like a sound policy to me,” said Gail Wasserman, a professor of clinical psychology at Columbia University and the director of its Center for the Promotion of Mental Health in Juvenile Justice.

The issue gained notoriety in September after the fatal stabbing of a special education teacher at John Tyler High School in Tyler. The teacher, Todd Henry, 50, was sitting at his desk in his classroom when he was attacked.

The Texas Youth Commission had released the boy accused of killing Mr. Henry in July because of multiple mental health issues, including schizophrenia, said his lawyer, Jim Huggler. The teenager, whom The A.P. was not identifying because he is a juvenile and has not been charged as an adult, had been committed in 2007 for aggravated assault.

Mr. Huggler said he had seen nothing to indicate that the boy’s family, which had moved to Tyler from New Orleans after Hurricane Katrina, had received a plan from officials on how to deal with his mental problems.

“This case is sad on so many levels,” he said.

The commission makes sure offenders released because of mental illness receive referrals to their local Mental Health and Mental Retardation centers. But there is nothing that requires the youths or their families to avail themselves of those services.

Cherie Townsend, the commission’s executive director, declined to comment about specific cases. But she acknowledged that it might be time to limit some of the releases for public safety reasons or require that some releases have conditions attached.

“We’ve got to find a middle ground where we assure public safety and accountability for actions that have taken place and at the same time find better ways to provide treatment for these youth,” Ms. Townsend said.

Any changes would have to be approved by the Legislature, which is not scheduled to meet again until January 2011.

Lawmakers did approve a measure in the spring that allows youths released from custody because of mental illness to receive case management services like those available to parolees.

But the author of the legislation, Representative Jim McReynolds, a Democrat, said the Tyler case had convinced him that the measure did not go far enough.

According to the youth commission, 206 juvenile offenders had been released in the last five years because of mental illness. Of those, 43 were incarcerated again. Most were returned to custody for burglary or robbery, but some were convicted of more serious offenses, including two for arson and two for sex crimes involving children.

Among those discharged was Jeremy Miera, 21, who is serving a life sentence for the fatal shooting of a 45-year-old roofer in May 2006.

Records provided to The A.P. by Mr. Miera’s family show that he was released on parole from a Texas Youth Commission facility in May 2005 and discharged entirely four months later for “inability to progress due to mental illness/retardation.”

TYC to stop Psych discharges

It's a shame that a teacher had to die for change to happen! Maybe we will start funding community mental health treatment now (as opposed to just throwing pills at the kids and hoping they catch them)!

TYC: Mentally ill offenders won't be discharged without proper services
by Emily Ramshaw | about 14 hours ago | 0 Comments

The Texas Youth Commission will stop releasing young offenders who are too mentally ill to rehabilitate until the agency is sure they’re receiving proper treatment in the community, officials said Wednesday.

Teacher Worried For Student Held In Killing

From the Tyler Morning Telegraph:
A Tyler teacher, who was the victim of a fatal stabbing in his classroom, called a friend days before the attack saying he feared that the teenager who is now being held in his death was capable of killing.


Special education teacher Todd Henry, 50, had told his friend, Mitch Shamburger, a Smith County justice of the peace, during a chilling phone call that he was concerned about a “Katrina kid” — so named because he had survived Hurricane Katrina in New Orleans.


“This kid — he’s got serious problems,” Henry told Shamburger. “If somebody doesn’t do something, soon, this kid is going to kill somebody.”

Shamburger recalls advising his friend to document his concerns and alert his bosses. Henry said he already had.

Henry died a few days later on Sept. 23 after he was stabbed in the heart in a classroom at John Tyler High School. Authorities are holding one of his students for the murder. A Texas Education Agency spokesman says it was the first teacher slaying in a Texas classroom that anyone in the agency can recall.

The 16-year-old suspect had a history of mental illness and had been accused of other violent acts, The Dallas Morning News reported Sunday, based on public sources and people close to the murder investigation.

Smith County prosecutors are considering whether to try the youth as an adult. He is being held in the Smith County Juvenile Attention Center, and will have his next detention hearing on Nov. 2.

The youth’s mother said that by age 12, he had been in mental hospitals in Texas and Louisiana. At 14, he was in a Smith County juvenile lockup and then in a Texas
juvenile prison for stabbing his sister with a steak knife.

He was often placed in isolation while being held in a Texas Youth Commission facility and was sent to a state mental hospital. He was diagnosed schizophrenic and psychotic and transferred to the state’s most acute mental health facility for juvenile offenders. Last July, the agency declared him too disturbed for reform school. The commission sent him home to his mother without parole or treatment plans, according to records the family released to the newspaper.

His mother told the newspaper he should never have been in Henry’s classroom and that he sees and hears things other people don’t.

She described Henry as a caring teacher, and said her son regretted everything. “He said, ‘Mom, just tell everybody that I’m sorry.’”

TYC Mental Health - Loophole prevents TCOOMMI eligibility

From chron.com:

Some youthful offenders with mental problems are stuck in the Texas Youth Commission because of a loophole in state law. TYC video. Filed by R.G. Ratcliffe April 8, 2009