Sec. 210. Incentive grants for State and local programs
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Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5611 et seq. ) is amended— by redesignating part F as part G; and by inserting after part E the following: The Administrator may make incentive grants to a State, unit of local government, or combination of States and local governments to assist a State, unit of local government, or combination thereof in carrying out an activity identified in subsection (b)(1). An incentive grant made by the Administrator under this section may be used to— increase the use of evidence-based or promising prevention and intervention programs; improve the recruitment, selection, training, and retention of professional personnel (including in the fields of medicine, law enforcement, the judiciary, juvenile justice, social work, and child prevention) who are engaged in, or intend to work in, the field of prevention, intervention, and treatment of juveniles to reduce delinquency; establish or support a partnership between juvenile justice agencies of a State or unit of local government and mental health authorities of a State or unit of local government to establish and implement programs to ensure there are adequate mental health and substance abuse screening, assessment, referral, treatment, and after-care services for juveniles who come into contact with the justice system by— carrying out programs that divert from incarceration juveniles who come into contact with the justice system (including facilities contracted for operation by State or local juvenile authorities) and have mental health or substance abuse needs— when such juveniles are at imminent risk of being taken into custody; at the time such juveniles are initially taken into custody; after such juveniles are charged with an offense or act of juvenile delinquency; after such juveniles are adjudicated delinquent and before case disposition; and after such juveniles are committed to secure placement; or improving treatment of juveniles with mental health needs by working to ensure— that— initial mental health screening is— completed for a juvenile immediately upon entering the juvenile justice system or a juvenile facility; and conducted by qualified health and mental health professionals or by staff who have been trained by qualified health, mental health, and substance abuse professionals; and in the case of screening, results that indicate possible need for mental health or substance abuse services are reviewed by qualified mental health or substance abuse treatment professionals not later than 24 hours after the screening; that a juvenile who suffers from an acute mental disorder, is suicidal, or is in need of medical attention due to intoxication is— placed in or immediately transferred to an appropriate medical or mental health facility; and only admitted to a secure correctional facility with written medical clearance; that— for a juvenile identified by a screening as needing a mental health assessment, the mental health assessment and any indicated comprehensive evaluation or individualized treatment plan are written and implemented— not later than 2 weeks after the date on which the juvenile enters the juvenile justice system; or if a juvenile is entering a secure facility, not later than 1 week after the date on which the juvenile enters the juvenile justice system; and the assessments described in item
(aa)are completed by qualified health, mental health, and substance abuse professionals; that— if the need for treatment is indicated by the assessment of a juvenile, the juvenile is referred to or treated by a qualified professional; a juvenile who is receiving treatment for a mental health or substance abuse need on the date of the assessment continues to receive treatment; treatment of a juvenile continues until a qualified mental health professional determines that the juvenile is no longer in need of treatment; and treatment plans for juveniles are reevaluated at least every 30 days; that— discharge plans are prepared for an incarcerated juvenile when the juvenile enters the correctional facility in order to integrate the juvenile back into the family and the community; discharge plans for an incarcerated juvenile are updated, in consultation with the family or guardian of a juvenile, before the juvenile leaves the facility; and discharge plans address the provision of aftercare services; that any juvenile in the juvenile justice system receiving psychotropic medications is— under the care of a licensed psychiatrist; and monitored regularly by trained staff to evaluate the efficacy and side effects of the psychotropic medications; and that specialized treatment and services are continually available to a juvenile in the juvenile justice system who has— a history of mental health needs or treatment; a documented history of sexual offenses or sexual abuse, as a victim or perpetrator; substance abuse needs or a health problem, learning disability, or history of family abuse or violence; or developmental disabilities; provide ongoing training, in conjunction with the public or private agency that provides mental health services, to individuals involved in making decisions involving youth who enter the juvenile justice system (including intake personnel, law enforcement, prosecutors, juvenile court judges, public defenders, mental health and substance abuse service providers and administrators, probation officers, and parents) that focuses on— the availability of screening and assessment tools and the effective use of such tools; the purpose, benefits, and need to increase availability of mental health or substance abuse treatment programs (including home-based and community-based programs) available to juveniles within the jurisdiction of the recipient; the availability of public and private services available to juveniles to pay for mental health or substance abuse treatment programs; or the appropriate use of effective home-based and community-based alternatives to juvenile justice or mental health system institutional placement; and develop comprehensive collaborative plans to address the service needs of juveniles with mental health or substance abuse disorders who are at risk of coming into contact with the juvenile justice system that— revise and improve the delivery of intensive home-based and community-based services to juveniles who have been in contact with or who are at risk of coming into contact with the justice system; determine how the service needs of juveniles with mental health or substance abuse disorders who come into contact with the juvenile justice system will be furnished from the initial detention stage until after discharge in order for those juveniles to avoid further contact with the justice system; demonstrate that the State or unit of local government has entered into appropriate agreements with all entities responsible for providing services under the plan, such as the agency of the State or unit of local government charged with administering juvenile justice programs, the agency of the State or unit of local government charged with providing mental health services, the agency of the State or unit of local government charged with providing substance abuse treatment services, the educational agency of the State or unit of local government, the child welfare system of the State or local government, and private nonprofit community-based organizations; ensure that the State or unit of local government has in effect any laws necessary for services to be delivered in accordance with the plan; establish a network of individuals (or incorporate an existing network) to provide coordination between mental health service providers, substance abuse service providers, probation and parole officers, judges, corrections personnel, law enforcement personnel, State and local educational agency personnel, parents and families, and other appropriate parties regarding effective treatment of juveniles with mental health or substance abuse disorders; provide for cross-system training among law enforcement personnel, corrections personnel, State and local educational agency personnel, mental health service providers, and substance abuse service providers to enhance collaboration among systems; provide for coordinated and effective aftercare programs for juveniles who have been diagnosed with a mental health or substance abuse disorder and who are discharged from home-based care, community-based care, any other treatment program, secure detention facilities, secure correctional facilities, or jail; provide for the purchase of technical assistance to support the implementation of the plan; estimate the costs of implementing the plan and propose funding sources sufficient to meet the non-Federal funding requirements for implementation of the plan under subsection (c)(2)(E); describe the methodology to be used to identify juveniles at risk of coming into contact with the juvenile justice system; provide a written plan to ensure that all training and services provided under the plan will be culturally and linguistically competent; and describe the outcome measures and benchmarks that will be used to evaluate the progress and effectiveness of the plan. A State or unit of local government receiving a grant under this section shall ensure that— the use of the grant under this section is developed as part of the State plan required under section 223(a); and not more than 5 percent of the amount received under this section is used for administration of the grant under this section. A State or unit of local government desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe. In accordance with guidelines that shall be established by the Administrator, each application for incentive grant funding under this section shall— describe any activity or program the funding would be used for and how the activity or program is designed to carry out 1 or more of the activities described in subsection (b); if any of the funds provided under the grant would be used for evidence-based or promising prevention or intervention programs, include a detailed description of the studies, findings, or practice knowledge that support the assertion that such programs qualify as evidence-based or promising; for any program for which funds provided under the grant would be used that is not evidence-based or promising, include a detailed description of any studies, findings, or practice knowledge which support the effectiveness of the program; if the funds provided under the grant will be used for an activity described in subsection (b)(1)(D), include a certification that the State or unit of local government— will work with public or private entities in the area to administer the training funded under subsection (b)(1)(D), to ensure that such training is comprehensive, constructive, linguistically and culturally competent, and of a high quality; is committed to a goal of increasing the diversion of juveniles coming under its jurisdiction into appropriate home-based or community-based care when the interest of the juvenile and public safety allow; intends to use amounts provided under a grant under this section for an activity described in subsection (b)(1)(D) to further such goal; and has a plan to demonstrate, using appropriate benchmarks, the progress of the agency in meeting such goal; and if the funds provided under the grant will be used for an activity described in subsection (b)(1)(D), include a certification that not less than 25 percent of the total cost of the training described in subsection (b)(1)(D) that is conducted with the grant under this section will be contributed by non-Federal sources. A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall keep records of the incidence and types of mental health and substance abuse disorders in the juvenile justice population of the State or unit of local government, the range and scope of services provided, and barriers to service. The State or unit of local government shall submit an analysis of this information yearly to the Administrator. A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a secure correctional facility operated by or on behalf of that State or unit of local government— has a minimum ratio of not fewer than 1 mental health and substance abuse counselor for every 50 juveniles, who shall be professionally trained and certified or licensed; has a minimum ratio of not fewer than 1 clinical psychologist for every 100 juveniles; and has a minimum ratio of not fewer than 1 licensed psychiatrist for every 100 juveniles receiving psychiatric care. A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that— isolation is used only for immediate and short-term security or safety reasons; no juvenile is placed in isolation without approval of the facility superintendent or chief medical officer or their official staff designee; all instances in which a juvenile is placed in isolation are documented in the file of the juvenile along with the justification; a juvenile is in isolation only the amount of time necessary to achieve the security and safety of the juvenile and staff; staff monitor each juvenile in isolation once every 15 minutes and conduct a professional review of the need for isolation at least every 4 hours; and any juvenile held in isolation for 24 hours is examined by a physician or licensed psychologist. A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a correctional facility operated by or on behalf of that State or unit of local government has written policies and procedures on suicide prevention. All staff working in a correctional facility operated by or on behalf of a State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall be trained and certified annually in suicide prevention. A correctional facility operated by or on behalf of a State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall have a written arrangement with a hospital or other facility for providing emergency medical and mental health care. Physical and mental health services shall be available to an incarcerated juvenile 24 hours per day, 7 days per week. A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that all juvenile facilities operated by or on behalf of the State or unit of local government abide by all mandatory requirements and timelines set forth under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this section that are used for an activity described in subsection (b)(1)(C). .
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