Page:United States Statutes at Large Volume 106 Part 6.djvu/449

This page needs to be proofread.

PUBLIC LAW 102-586 —NOV. 4, 1992 106 STAT. 5007 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 commiinity 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 standsirds 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. 59-194 O—93 15: QL 3 (Pt. e)