# Challenge Grants Program Guideline

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-11449

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 10, 1995
- **Citation:** 60 FR 24886

## Text

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]
BILLING CODE 4410-18-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-11449. Public record. Not legal advice.