Challenge Grants Program Guideline

DEPARTMENT OF JUSTICE

Office of Justice Programs

Office of Juvenile Justice and Delinquency Prevention

[OJP (OJJDP) No. 1040F]

RIN 1121-ZA05

Challenge Grants Program Guideline

AGENCY: Office of Justice Programs, Office of Juvenile Justice and

Delinquency Prevention.

ACTION: Notice of final guideline for the Office of Juvenile Justice

and Delinquency Prevention's Challenge Grants Program.

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SUMMARY: The Office of Juvenile Justice and Delinquency Prevention

(OJJDP) published a proposed guideline for the Challenge Grants Program

in the Federal Register on February 2, 1995 (60 FR 6553), and solicited

public comments. Based on the analysis of those public comments, OJJDP

is issuing this final guideline. This Program is of interest to all

State formula grantees participating in the Juvenile Justice and

Delinquency Prevention Act of 1974, as amended.

DATES: This final guideline is effective on May 10, 1995.

ADDRESSES: Office of Juvenile Justice and Delinquency Prevention, Room

742, 633 Indiana Avenue, N.W., Washington, DC 20531.

FOR FURTHER INFORMATION CONTACT: Rodney L. Albert, Social Science

Program Specialist, State Relations and Assistance Division, Office of

Juvenile Justice and Delinquency Prevention, at the above address.

Telephone (202) 307-5924.

SUPPLEMENTARY INFORMATION: Section 201(b) of the JJDP Act provides that

the Administrator ``is authorized to prescribe regulations'' in order

to carry out the provisions included in Title II of the Act.

Changes to Proposed Guideline

The following changes are made to the proposed guideline. New

language is italicized. In the section titled ``Eligible Applicants,''

the following sentence is added to the end of the paragraph: Although

the State Agency designated by the Chief Executive of the State

pursuant to Section 223(a)(1) of the JJDP Act must apply for Challenge

activities, they may award subgrants and contracts to public and

private agencies for the development and implementation of projects

designed to carry out Challenge activities.

In the section titled ``Application Components,'' at the end of

Component #7, the following language is added: If the applicant State

agency plans to subgrant or contract for services, a complete budget

may not be available. In this instance only a budget narrative of

anticipated general expenses is required.

In the section titled ``Grant Period'' the length of the grant

award has been extended from 18 to 24 months from July 1, 1995.

Background

Section 285 of Title II, Part E, of the Juvenile Justice and

Delinquency Prevention Act (JJDP) of 1974, as amended (42 U.S.C. 5601,

et seq.), states that ``The Administrator may make a grant to a State

that receives an allocation under section 222, in the amount of 10

percent of the amount of the allocation, for each challenge activity in

which the State participates for the purpose of funding the activity.''

Part E--State Challenge Activities is a new program authorized

under the 1992 Amendments to the JJDP Act. In FY 1995, Part E received

its first appropriation. The purpose of Part E is to provide incentives

for States participating in the Formula Grants Program to develop,

adopt, and improve policies and programs in one or more of ten

specified Challenge Activities. As used in this Guideline, ``State'' is

defined in Section 103(7) of the JJDP Act. ``Formula Grant'' refers to

a grant to a State under Title II, Part B, of the JJDP Act.

The ten Challenge Activities are defined in Part E as follows:

(A) Developing and adopting policies and programs to provide basic

health, mental health, and appropriate education services, including

special education, for youth in the juvenile justice system as

specified in standards developed by the National Advisory Committee for

Juvenile Justice and Delinquency Prevention prior to October 12, 1984.

(B) Developing and adopting policies and programs to provide access

to counsel for all juveniles in the justice system to ensure that

juveniles consult with counsel before waiving the right to counsel.

(C) Increasing community-based alternatives to incarceration by

establishing programs (such as expanded use of probation, mediation,

restitution, community service, treatment, home detention, intensive

supervision, and electronic monitoring) and developing and adopting a

set of objective criteria for the appropriate placement of juveniles in

detention and secure confinement.

(D) Developing and adopting policies and programs to provide secure

settings for the placement of violent juvenile offenders by closing

down traditional training schools and replacing them with secure

settings with capacities of no more than 50 violent juvenile offenders

with ratios of staff to youth great enough to ensure adequate

supervision and treatment.

(E) Developing and adopting policies to prohibit gender bias in

placement and treatment and establishing programs to ensure that female

youth have access to the full range of health and mental health

services, treatment for physical or sexual assault and abuse, self

defense instruction, education in parenting, education in general, and

other training and vocational services.

(F) Establishing and operating, either directly or by contract or

arrangement with a public agency or other appropriate private nonprofit

organization (other than an agency or organization that is responsible

for licensing or certifying out-of-home care services for youth), a

State ombudsman office for children, youth, and families to investigate

and resolve complaints relating to action, inaction, or decisions of

providers of out-of-home care to children and youth (including secure

detention and correctional facilities, residential care facilities,

public agencies, and social service agencies) that may adversely affect

the health, safety, welfare, or rights of resident children and youth.

(G) Developing and adopting policies and programs designed to

remove, where appropriate, status offenders from [[Page 24887]] the

jurisdiction of the juvenile court to prevent the placement in secure

detention facilities or secure correctional facilities of juveniles who

are nonoffenders or who are charged with or who have committed offenses

that would not be criminal if committed by an adult.

(H) Developing and adopting policies and programs designed to serve

as alternatives to suspension and expulsion from school.

(I) Increasing aftercare services for juveniles involved in the

justice system by establishing programs and developing and adopting

policies to provide comprehensive health, mental health, education, and

vocational services and services that preserve and strengthen the

families of such juveniles.

(J) Developing and adopting policies to establish--

(i) a State administrative structure to coordinate program and

fiscal policies for children who have emotional and behavioral problems

and their families among the major child serving systems, including

schools, social services, health services, mental health services, and

the juvenile justice system; and

(ii) a statewide case review system. The term ``case review

system'' means a procedure for ensuring that--

(a) each youth has a case plan, based on the use of objective

criteria for determining a youth's danger to the community or himself

or herself, that is designed to achieve appropriate placement in the

least restrictive and most family-like setting available in close

proximity to the parents' home, consistent with the best interests and

special needs of the youth;

(b) the status of each youth is reviewed periodically but not less

frequently than once every 3 months, by a court or by administrative

review, in order to determine the continuing necessity for and

appropriateness of the placement;

(c) with respect to each youth, procedural safeguards will be

applied to ensure that a dispositional hearing is held to consider the

future status of each youth under State supervision, in a juvenile or

family court or another court (including a tribal court) of competent

jurisdiction, or by an administrative body appointed or approved by the

court, not later than 12 months after the original placement of the

youth and periodically thereafter during the continuation of out-of-

home placement; and

(d) a youth's health, mental health, and education record is

reviewed and updated periodically.

Eligible Applicants: The eligible applicants for Part E Challenge

Grants in a given fiscal year are the State Agencies, designated by the

Chief Executive of the State pursuant to Section 223(a)(1) of the JJDP

Act, which receive an OJJDP Formula Grant award under Section 223 of

the JJDP Act for the same fiscal year. In the section titled ``Eligible

Applicants,'' the following sentence is added to the end of the

paragraph: Although the State Agency designated by the Chief Executive

of the State pursuant to Section 223(a)(1) of the JJDP Act must apply

for Challenge activities, they may award subgrants and contracts to

public and private agencies for the development and implementation of

projects designed to carry out Challenge activities.

Funding Levels: The amounts of Part E funds available for the

States are determined by the ratio of Part E funds to Formula Grant

funds available to the States in a given fiscal year. The same ratio is

applied to each State's Formula Grant allocation to determine each

eligible State's Part E allocation.

Eligible State agencies will be notified of Part E State

allocations annually.

Part E funds not awarded to a State by the end of the fiscal year

due to the absence of a qualifying application will either be: (1) Made

available to States in the subsequent fiscal year along with the Part E

funds appropriated for that year, or (2) in the case of a State not

participating in the Formula Grants Program, the State's Part E funds

will be reserved for one year if the State (a) submits a written

statement of intent to resume participation and (b) describes

activities to be undertaken that will be undertaken to enable the State

to participate in the following fiscal year.

State Applications and Awards: Each State may apply for a Part E

grant in an amount equal to the sum of not more than 10% of such

State's Formula Grant allocation received, for each challenge activity

in which the State chooses to participate, not to exceed the total

amount of the State's Part E allocation.

For example, a State may have a Formula Grant of $600,000 and have

a Part E allocation of $100,000. The State could apply for up to

$60,000 (10% of the Formula Grant) for each Challenge Activity.

However, since a total of $100,000 Part E funds would be available to

the State, the State could apply for $60,000 for a first Challenge

Activity, and $40,000 for a second Activity. Alternatively, the State

could apply for more Challenge Activities by applying for any amounts

of not more than $60,000 for each Activity that total not more than

$100,000.

The award of Part E funds is contingent upon OJJDP's approval of an

application meeting the requirements listed below.

Application Components: Applications for Part E Challenge Activity

Grants must contain the following items for each proposed Challenge

Activity.

1. Challenge Activity. Identification of the Challenge Grant

Activity to be implemented.

2. Statement of Need. A concise explanation of the need for Federal

funding to implement the Challenge Activity.

3. Project Summary. A brief summary or abstract describing the

activities, goods and services to be funded with Part E funds, as well

as collateral activities to be funded from other sources.

4. Goals, Objectives and Outcomes. A listing of the goals and

objectives for the project, and anticipated outcomes and products.

5. Strategy. A concise description of the steps to be taken in

implementing the Challenge Activity, including a timeline for

implementation. This description must link the proposed strategy with

the Challenge Activity as cited in the JJDP Act.

6. State Advisory Group Involvement and Approval. A description of

the State Advisory Group's (SAG) involvement in the Challenge Activity,

and evidence of approval of the application by the SAG.

7. Budget. A budget and budget narrative explaining and justifying

the costs of proposed Challenge Grant activities. If the applicant

State agency plans to subgrant or contract for services, a complete

budget may not be available. In this instance only a budget narrative

of anticipated general expenses is required.

Grant Period: Part E grants will be awarded for a twenty-four month

project period, from July 1, 1995.

Use of Funds: 1. The recipient State Agency shall use Part E funds

to implement the proposed Challenge Activities. The State Agency may

award grants or enter into contracts with public or private agencies to

implement Challenge Activities.

2. Part E funds may be used only in accordance with the General and

Administrative provisions of Part I of the JJDP Act and the effective

edition of the Office of Justice Programs Guideline M.7100.

Application Due Date: Applications for FY 1995 Challenge Grants may

be submitted after publication of the final guideline and must be

received by June 30, 1995. For subsequent fiscal years, applications

must be received by March [[Page 24888]] 31, in conjunction with the

Part B Formula Grants Program Multi-year Plan or Annual Plan Update.

Section 223(a) of the JJDP Act requires that the Formula Grants Plan be

``amended annually to include new programs and challenge activities

subsequent to State participation in part E.''

Technical Assistance: Technical Assistance to support the States'

efforts in implementing the Challenge Activities Program is available

from OJJDP through the same process used for requesting technical

assistance for the Formula Grants program.

Other Requirements--General: The relevant administrative

requirements for categorical grants contained in the effective edition

of Office of Justice Programs Guideline M.7100 apply to the Part E

Challenge Grant Program. However, Progress Reports for Challenge Grants

are required semi-annually, not quarterly as indicated in M.7100.

Other Requirements--Statutory: Section 223(a)(3)(D)(ii) of the JJDP

Act requires that the State Advisory Group's annual recommendations to

the Chief Executive Officer and the legislature of the State include

``progress relating to challenge activities carried out pursuant to

part E.''

Applications for Challenge Grants must contain an assurance that

the State will comply with this provision.

Responses to Public Comments

Ten comments to the proposed guideline were received. A summary of

the comments and OJJDP's responses follow. In some instances, the

summary comments listed below incorporate specific comments from more

than one respondent. Many responses were in support of the program and

did not raise questions specific to the guideline. The following

comments reflect the submissions that seek clarification or change.

Comment. Several States expressed concern that the proposed

guideline specifies that the only eligible applicants are the State

Agencies, designated by the Chief Executive of the State. The comments

received requested that the States be allowed to contract or subgrant

the implementation of Challenge Activities to other entities.

Response. The final guideline allows States to award grants or

contracts to public and private agencies.

Comment. States should be urged to work closely with local (town

and municipal, as well as County) entities in the development of

community-based alternatives to incarceration and the development of

community-based alternatives to suspension and expulsion from school.

Response. Just as States are required to provide for active

consultation with and participation of units of general local

government or combination thereof in the development of the State Plan,

OJJDP urges States to work closely with local entities in the

development of the Challenge activities. Also, by virtue of the State

Advisory Group's involvement in the approval of the Part E--Challenge

Grant application, the State will have benefit of SAG input

representative of community interests.

Comment. States should be given the opportunity to decide how much

money to allocate per challenge activity applied whether the sum is

more or less than 10% of a State's formula Grant allocation received.

Response. The 10% maximum amount is designed to encourage States to

undertake multiple challenges. States may elect to allocate less than

10% per challenge activity and to undertake more than two Challenge

activities in FY 1995.

Comment. Under Application Component 3. Project Summary, it is

required that ``collateral activities'' to be funded from other sources

be listed. Are collateral activities required in order to receive

Challenge Grant funds?

Response. The Part E--Challenge Grants Program does not have a

``match'' requirement. However, as with all Federal programs,

collaboration to the fullest extent possible is encouraged. States are

encouraged to maximize the effectiveness of Challenge activities

through coordination with complementary programs funded by other

sources.

Shay Bilchik,

Administrator.

[FR Doc. 95-11449 Filed 5-9-95; 8:45 am]

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