[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Notices]
[Pages 6553-6555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2579]



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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, 

[[Page 6554]]
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. 

[[Page 6555]]


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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