
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5667c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
                   Part E--State Challenge Activities
 
Sec. 5667c. Establishment of program


(a) In general

    The Administrator may make a grant to a State that receives an 
allocation under section 5632 of this title, 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.

(b) Definitions

    For purposes of this part--
        (1) 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; and

        (2) the term ``challenge activity'' means a program maintained 
    for 1 of the following purposes:
            (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 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.

(Pub. L. 93-415, title II, Sec. 285, as added Pub. L. 102-586, 
Sec. 2(i)(1)(C), Nov. 4, 1992, 106 Stat. 5006.)

                  Section Referred to in Other Sections

    This section is referred to in section 5667a-1 of this title.
