Challenge Grants Program Guideline

DEPARTMENT OF JUSTICE

Office of Juvenile Justice and Delinquency Prevention

[OJP (OJJDP) No. 1040]

RIN 1121-ZA05

Challenge Grants Program Guideline

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

Delinquency Prevention.

ACTION: Notice of proposed guideline.

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SUMMARY: The Office of Juvenile Justice and Delinquency Prevention

(OJJDP) is requesting public comment on the proposed application

guideline for Part E Challenge Grants Program. This program is of

interest to all Juvenile Justice and Delinquency Prevention Act of

1974, as amended, State formula grantees.

DATES: Comments on the proposed guideline must be received by OJJDP not

later than March 6, 1995.

ADDRESSES: Office of Juvenile Justice and Delinquency Prevention, Room

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

FOR FURTHER INFORMATION CONTACT:

Paul Steiner, State Relations and Assistance Division, Office of

Juvenile Justice and Delinquency Prevention, at the above address.

Telephone (202) 307-5924.

SUPPLEMENTARY INFORMATION:

Background

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

Delinquency Prevention Act 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 1992 amendment 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

Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42

U.S.C. 5601, et seq.) (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,

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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 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 only 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 OJJDP Formula Grant awards under Section 223 of the JJDP Act

for the same fiscal year.

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.

All States will be notified of Part E State allocations annually.

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

absence of an acceptable 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 submits (a) a written

statement of intent to resume participation and (b) describes

activities that are designed 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 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 the proposed project.

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Grant Period

Part E grants will be awarded for an eighteen month project period.

Use of Funds

1. The recipient State Agency shall use Part E funds to implement

the proposed Challenge Activities. The State Agency may contract or

enter into interagency agreements with public or private organizations,

institutions, or individuals to implement Challenge Activities. Part E

funds cannot be subgranted.

2. Part E funds may be used only in accordance with the 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 years, applications must be received by March 31,

in conjunction with the Formula Grant Multi-year Plan or Annual Plan

Update. Section 223(a) of the JJDP Act requires that the Formula Grant

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 the Office of Justice Programs

Guideline M.7100 apply to Part E Challenge Grant. 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.

Shay Bilchik,

Administrator.

Olga R. Trujillo,

General Counsel, Office of Justice Programs.

[FR Doc. 95-2579 Filed 2-1-95; 8:45 am]

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