Trickle Down Reform
July 4th, 2008 at 9:22 am
Despite the ACLU’s TYC lawsuit, many juvenile justice advocates assert that, while it’s slow-moving, there is progress at TYC — trickling down from the top.
When Richard Nedelkoff became TYC conservator and brought new leadership from outside the agency, reform proponents saw hope for change—hope that may have been dashed by the ACLU’s revelations of punitive practices and abuse.
But for those brave (or naive) enough to keep believing in the possibility of reform, the ACLU’s revelations don’t seem to fit the classic TYC pattern of abuses following the promise reform. State-appointed TYC watchdog and former ACLU director Will Harrell says the suit does not accurately reflect the massive culture shift occurring at TYC. And, even most youth advocates say there’s evidence the agency is on the right path; it just needs legislative and fiscal support.
“Six months ago, I wouldn’t have believed the reforms taking place at TYC were possible,” says Harrell, “but this leadership has embraced all the principles we advocated for in the past.”
Harrell says most allegations mentioned in the ACLU suit are already being addressed. “I wish ACLU would have come to me before filing suit,” he says.
Litigation, says Harrell, is often an ineffective means to bring about change, especially when it involves filing suit against an underfunded agency, whose new leaders have demonstrated a willingness to openly discuss problems and issues with advocates.
And, indeed, advocacy organizations traditionally opposed to TYC say they have seen dramatic changes in the agency over the past six months. “TYC leadership is making encouraging cultural and structural changes,” says Deborah Fowler, legal director of Texas Appleseed, a non-profit that sued TYC last year over pepper spray policies. “The new leadership shares our reform vision,” she says.
So why did the ACLU hit TYC with such force just as the agency is trying to right itself?
Terri Burk, ACLU of Texas executive director, says the organization was representing clients with pressing needs, and the 2007 legislative reform was too slow in its progress. The best way to move the process along was to file suit, she believes.
“Culture shifts won’t happen overnight in an agency with deep-rooted issues to overcome,” responds Harrell.
Advocates on the ground seem to agree.
“TYC is a big ship to turn around. It takes longer than we sometimes would like, but it’s moving in the right direction,” says Rebecca Lightsey, Texas Appleseed executive director.
Ultimately, it seems the longevity and speed of reform efforts depend on those beyond TYC’s top management. “TYC finally has leadership that’s youth and family-focused,” says Jodie Smith, public policy director of Texans Care for Children. “The burden of change now falls to the legislature.”
“You get what you pay for,” says Harrell, who believes funding issues will ultimately determine the pace of change. “The real test of progress will be what reforms are put into place next legislative session.”
July 22nd, 2008 at 8:16 am
It’s hard to believe there is good news from TYC, but anything is possible! It’s great to here positive changes instead of always focusing on the inability to provide an immediate cure.