Consultation Framing Paper on the Juvenile Justice Reform Act and 

Tribal Youth Delinquency Prevention and Intervention Programs

Through this consultation, the Office of Juvenile Justice and 

Delinquency Prevention (OJJDP) is seeking input on how it 

can collaborate with tribes to implement applicable

provisions of the Juvenile Justice Reform Act (JJRA). The

Office also seeks to increase tribes’ awareness of and access

to juvenile justice funding. This consultation will be

conducted remotely via webinar. In addition, OJJDP is 

accepting written comments at 

OJJDPTribalConsultation@ojp.usdoj.gov.

Tribal Provisions in the Juvenile Justice Reform Act

In 2018, Congress passed the JJRA, which reauthorized and 

substantially amended OJJDP’s authorizing legislation—the 

Juvenile Justice and Delinquency Prevention (JJDP) Act.

The JJRA created specific provisions related to tribes

regarding funding transparency, tribal representation in state 

advisory groups, and Title II Formula Grants funding. To 

ensure clarity about which provisions are applicable to 

tribes, the JJRA adds the term “tribal” to many parts of the

legislation that are applicable to states and local units of

governments. 

The JJRA also requires that OJJDP include in its annual

report a description of grants provided directly to tribes and 

indirectly through a state or unit of local government.

Additional details regarding the tribal provisions are 

available on OJJDP’s website.

OJJDP Title II Formula Grants Program

As part of the JJRA, OJJDP requires states to pass a specific amount of Title II formula grants through 

to federally recognized tribes. Tribes may use these funds for a variety of prevention and intervention

activities such as counseling, training, and mentoring programs for at-risk youth, juvenile offenders, or

youth with an incarcerated parent or guardian. Tribes can also use the grants to fund programs that

address the needs of girls who are in or at risk of entering the juvenile justice system. 

About OJJDP

The Office of Juvenile Justice and

Delinquency Prevention (OJJDP)

provides national leadership,

coordination, and resources to

prevent and respond to juvenile

delinquency and victimization. 

The Office supports states, tribes,

and communities as they develop 

and implement effective and 

equitable juvenile justice systems

that enhance public safety,

ensure youth offenders are held 

appropriately accountable, and

empower youth to live productive,

law-abiding lives.

OJJDP is a component of the

Office of Justice Programs,

U.S. Department of Justice.

Learn more at www.ojjdp.ojp.gov.
To be eligible for pass-through funding, a tribe must perform law enforcement functions, as determined

by the Secretary of the Interior, in consultation with the Attorney General. The tribe also must agree to

attempt to comply with the four core requirements of the JJDP Act, i.e., deinstitutionalize status 

offenders, separate juvenile offenders from adults in secure facilities, remove juvenile offenders from

adult jails and lockups, and address racial and ethnic disparities within the juvenile justice system.

The amount of pass-through funding tribes receive is based on the percentage of the state’s youth

population (younger than 18) who live on tribal lands. In fiscal year 2019, the total required passthrough amount for all states was $287,204. The smallest pass-through amount received was $219 and 

the largest was $42,763. OJJDP encourages states to pass through more funding and allocate more than

the required amount to support effective services for tribal youth. 

The JJRA also specifies that to be eligible for Formula Grants funding, jurisdictions with one tribe or 

more must have, as a member of their state advisory group, a tribal representative (if available) or an

individual with significant expertise in law enforcement and juvenile justice in tribal communities. State 

advisory group members are appointed by Governors or Chief Executives in each jurisdiction and are 

responsible for monitoring and supporting their state's progress in addressing the four core requirements

of the JJDP Act.

Discretionary Grant Funding for Tribal Youth Delinquency Prevention and Intervention 

Programs

OJJDP participates in the Department of Justice's Coordinated Tribal Assistance Solicitation (CTAS), 

which allows federally recognized tribes to submit a single application for most of the Department’s

tribal grant programs. CTAS combines funding from agencies within the Department’s Office of Justice 

Programs, Office on Violence Against Women, and Office of Community Oriented Policing Services. 

OJJDP supports two purpose areas under CTAS. Funding awarded under Purpose Area 9, the Tribal 

Youth Program, helps tribes prevent juvenile delinquency, respond to justice-involved youth, and 

improve their juvenile justice systems. The Tribal Juvenile Healing to Wellness Courts program

(Purpose Area 8) helps tribal courts respond to the substance use challenges of court-involved youth 

younger than 21. 

Tribes may also apply for other OJJDP discretionary funding. This includes funding for programs that 

support mentoring, juvenile and family drug courts, opioid-affected youth, children exposed to violence,

children’s advocacy centers, and Internet Crimes Against Children task forces. Other programs include 

those that promote delinquency prevention, comprehensive anti-gang strategies, reentry, juvenile justice

and mental health collaborations, and juvenile justice system enhancements.

Despite the significant number of funding opportunities that are available to tribes, a 2018 report titled

Native American Youth: Involvement in Justice Systems and Information on Grants to Help Address

Juvenile Delinquency, revealed that most tribes do not apply for funding if that opportunity is not

designated as tribal specific. OJJDP will explore tribes’ barriers to accessing federal grants during the

consultation.

For existing grantees, OJJDP’s intensive, individualized, and culturally specific training and technical 

assistance is helping tribes strengthen delinquency prevention and intervention initiatives for courtinvolved youth. These resources also help improve treatment services for high- and at-risk youth, youth 

in detention or out-of-home placement, and child victims of sex trafficking. OJJDP will learn more

about tribes’ evolving training and technical assistance needs during the consultation. 

2
Information about training and technical assistance opportunities for tribal grantees is available online. 

Consultation Questions

• How can OJJDP best collaborate with tribal communities to implement applicable JJRA provisions?

• How can OJJDP support the involvement of tribal representatives in state advisory groups?

• How can OJJDP help improve tribes’ access to resources from a state’s Title II formula funds? What

barriers do tribes face in accessing these resources?

• How can OJJDP help increase state-tribal partnerships that support programs and services for tribal

youth?

• How can OJJDP encourage tribes to apply for discretionary grant funding for eligible programs?

• What types of programs would enhance public safety and help to ensure that juvenile offenders are 

held appropriately accountable to crime victims and tribal communities?

• What other specific assistance can OJJDP provide to help existing programs, support innovative

ideas to expand programs, and provide additional training and technical assistance?

3