[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24886-24888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11449]



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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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