Wyo. Code R. 049-0022-2
Juvenile Community Alternatives
Chapter 2: Juvenile Community Alternatives
Effective Date: 11/08/1988 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0022.2.11081988
Section 1. Applicability. The provisions of this Chapter are applicable to all projects the Division of Public Assistance & Social Services funds through contracts for juvenile community alternatives.
Section 2. Eligibility. County commissioners or a single nonprofit organization designated by the county commissioners and meeting professional qualifications pursuant to applicable standards of the Division of Public Assistance & Social Services are eligible to apply for and be awarded contracts for the juvenile community alternatives funds.
Section 3. Applications, Generally.
(a) Applications shall be made to the Division by eligible entities at the time and in the manner prescribed in this Chapter.
(b) Only one application approved by the county commissioners shall be accepted from each county to provide juvenile community alternatives within such county.
Section 4. The Juvenile Planning Committee.
(a) A resolution or other official action is to be passed by the county commissioners, appointing a juvenile planning committee (or designation of an existing committee that meets the membership requirements in subsection (c)) to perform duties as outlined in Section 5. Any changes in membership are to be reflected in the annual plan. Membership changes must be approved by the county commissioners.
(b) Each county shall appoint or each committee shall select a member of the committee to serve as chairperson. Such chairperson shall agree to act as liaison with the county commissioners, the Division and other local juvenile agencies. The selection of other officers and the organization of the committee into subcommittees shall be at the discretion of the committee.
(c) At a minimum, the juvenile planning committee shall include the following members:
(i) An individual involved in public schools who, by virtue of experience and other qualifications, is knowledgeable about the problems of troubled youth in the school environment;
(ii) A person representing and authorized to speak on behalf of field offices of the Division of Public Assistance and Social Services;
(iii) The agent of the State of Wyoming Department of Probation and Parole assigned to the county juvenile court;
(iv) An individual involved in law enforcement who, by virtue of experience and other qualifications, is knowledgeable about the problems of troubled youth from the law enforcement perspective;
(v) An individual involved in the delivery of mental health services to troubled youth in the county;
(vi) An individual involved in the delivery of substance abuse services in the county, unless the substance abuse provider represents the same agency referred to in item (v);
(vii) An individual representing and authorized to speak on behalf of a private nonprofit board delivering services to troubled youth in the county;
(viii) The county attorney or designated representative.
(d) In addition to members listed in subsection (c) of this Section, counties may add additional members to the committee at their discretion.
Section 5. Juvenile Planning Committee Duties. The juvenile planning committee is charged with the following duties and responsibilities:
(a) Annually adopt and implement a planning process in accordance with the provisions of Section 6 of this Chapter.
(b) Annually identify gaps in the county system for the delivery of juvenile community alternatives and prepare a concise problem statement.
(c) Annually prepare a County Juvenile Community Alternatives Plan designed to address the identified gaps and recommend such plan to the county commissioners for approval. Such plan shall be prepared in accordance with the provisions of Sections 9 and 10 of this Chapter.
(d) Act as a liaison between the Division and the county and the contracting entity during project planning, implementation and operation.
(e) Act as an advisory committee to the county and the contracting entity during project planning, implementation and operation.
(f) Participate in project reviews and evaluations conducted by the county and the state in accordance with the provisions of Sections 16 and 17 of this Chapter.
Section 6. Planning Requirements. No contract for a juvenile community alternatives project shall be awarded unless the Administrator finds that a systematic planning process has been utilized by the juvenile planning committee in preparing the county plan. The planning process shall include, at a minimum:
(a) An assessment of the need for juvenile community alternatives within the county that has taken into consideration services available through existing private and public entities.
(b) Sufficient opportunity for public comment and recommendation prior to approval of the plan by the county commissioners. Sufficient opportunity shall be in the form of a public hearing after notice and shall demonstrate community knowledge and acceptance of the project.
(c) Cooperative agreements among participating agencies that outline the activities to be undertaken by each agency to achieve the goals of the plan.
(d) Goals and objectives that will enable the Division of Public Assistance and Social Services to monitor the activities that are funded, the number of children and families served, and the outcomes achieved.
(e) Ten percent (10%) of the program’s funding must be other than D-PASS funding.
Section 7. Notice of Contract Availability. The Division shall, no later than April 15 of each year, provide written notice of the amount of juvenile community alternatives funds available. Not more than 50% of any biennial appropriation will be awarded in contracts during the first year of any biennium.
Section 8. Technical Assistance. The Division shall upon request provide technical assistance to the county, the juvenile planning committee, and the contracting entity during all phases of application, planning, implementation, and operation of the project.
Section 9. The County Plan Requirements. The county plan shall include the following essential elements:
(a) A concise problem statement that clearly defines the gaps in the county juvenile delivery system;
(b) Measurable goals and objectives that clearly specify how the problem is to be addressed, what specific acts are to be performed to achieve the goal, which entities are responsible for performing each act and how the results are to be measured and evaluated;
(c) A narrative describing how the county plan and the project selected are designed to keep troubled youth in the home and involve the family; and
(d) A description of systems established through the project to achieve or enhance cooperation between entities involved in the juvenile community alternatives network. Copies of cooperative agreements pursuant to Section 6 and executed to this end shall be attached to the county plan.
(e) Proof of local support for the plan.
Section 10. County Plan, Annual Review.
(a) The county plan shall be annually reviewed and amended by the juvenile planning committee to reflect changes mandated by project evaluation conducted pursuant to Sections 16 and 17 of this Chapter.
(b) Annual plan revisions are subject to the requirements for planning set forth in Section 6 of this Chapter.
(a) Applications are to be submitted to the Division no later than May 15 of each year and will be funded by July 1 providing the application is selected as a successful grantee. Since these funds are competitive, failure to meet a deadline will result in loss of funds even if the plan meets all other requirements of these rules and regulations. Applications shall be made in a form prescribed by the Division, and shall include:
(i) A copy of the county plan;
(ii) Copies of any proposed subcontracts to be entered;
(iii) An operating budget for the project prepared in accordance with the provisions of Section 15 of this Chapter, including budget(s) for subcontracts; and
(iv) The annual report for the preceding fiscal year required by Section 16(b) of this Chapter.
(b) The Division through the use of a task force appointed by the Governor shall review each application to determine compliance with the provisions of the Act and these rules. Each applicant shall have the opportunity to make a verbal presentation supporting their application. Presentations shall be limited to a maximum of 30 minutes. The Administrator shall not select any application that is not in substantial compliance with the provisions of the Act and these rules. The Administrator shall select the successful applicants following receipt of the task force's recommendations.
(c) The Task Force's recommendations for funding shall be guided by the following priorities:
(i) Priority shall be given in Fiscal Year 1989 to programs previously funded by the state's juvenile community alternative program funding. For Fiscal Year 1990 and thereafter, no priority will be given to existing programs.
(ii) Extent to which program prevents youth from entering the juvenile justice system.
(iii) Effectiveness of the management of the program.
(iv) Extent to which program is known and respected in its community as evidenced by a steady client base and letters of support.
(v) Cost effectiveness of the program to include:
(A) An analysis of the number of children served and approximate cost per child;
(B) The expected results of the program in meeting the purposes of the Juvenile
Community Alternatives program as contained on Page 1, Section 1, (a) through (e) of these rules.
(a) The Administrator shall, no later than 30 days after the close of the application period, notify the applicant as to whether or not the application has been approved. The Administrator shall not dispense funds if a plan is not selected.
(b) If the application is approved, such notice shall include copies of the contract. If the application is disapproved, such notice shall be provided the unsuccessful applicant.
(a) The contract sent to approved applicants pursuant to Section 12(b) of this Chapter shall be approved by a majority vote of the county commissioners and executed by the authorized county official. If another entity has been designated pursuant to Section 2 of this Chapter, such contract shall be approved by a majority of the governing body of such entity and signed by the authorized officers.
(b) Such contract shall be returned to the Division before funds are disbursed to the county.
(c) Contracts are effective when approved and signed by the Director of the Department of Health and Social Services.
(a) Funds under the contract shall be disbursed on a purchase of service basis. Except as provided in subsection (b) of this Section, no funds shall be disbursed except on a showing that actual services have been provided in accordance with the county plan and the provisions of these rules. Equipment requests will not be allowed unless they are a part of a program.
(b) Juvenile community alternatives funds may not supplant other public or private funds. Since outpatient mental health services are currently funded in part by the Division of Community Programs and since outpatient services consist in part of individual and group therapy with children and their families, using juvenile community alternatives funds to pay for such outpatient treatment will require additional justification as to:
(i) Why these outpatient services are not currently being provided.
(ii) Why there are no funds to pay for these services.
(iii) An assurance that hours provided with juvenile community alternatives funds will not be counted in hours of service provided with Division of Community Programs mental health funds.
(d) Since direct service and prevention activities are both substance abuse services that are funded in part by the Division of Community Programs, and since these services consist in part of interventions with children and their families, using juvenile community alternatives funds to pay for direct service and prevention activities will require additional justification as to:
(i) Why these direct services and prevention activities are not currently being provided.
(ii) Why there are no other funds to pay for these services.
(iii) An assurance that hours provided with juvenile community alternative funds will not be counted in hours of service provided with Division of Community Programs substance abuse funds.
Section 15. Operating Budget. Each application shall include an operating budget that sets forth in detail how and when contract funds will be expended by the applicant. Such budget shall include any funds proposed for administration of the project. No more than 5% of the contract amount may be used to cover project administrative costs and may be retained only by the entity directly responsible for project administration. The operating budget must also itemize the project funds that will be subcontracted to other entities.
Section 16. Reports. Contractors shall submit monthly fiscal and programmatic reports to the Division and a copy to the county commissioners. Such reports shall be submitted on a form prescribed by the Division and on a timeline prescribed by the Division. Reports are to show the number of children and families served.
(a) A preliminary project report shall be submitted no later than the first day of June of each year. If an application is being submitted for a contract for the following fiscal year, the preliminary project report shall be submitted with the application. Such report shall include:
(i) A cumulative summary of the information required in the monthly reports;
(ii) A detailed analysis of the success of the project with respect to the goals and objectives set forth in the county plan; and
(iii) A statement showing adjustments to the operating budget and providing an estimate of expenditures for the final month.
(b) No later than the fifteenth day of July, a final project report shall be submitted that provides a final accounting for all funds and any other project information not available for the preliminary project report.
(a) The Division shall conduct on-site evaluations of each project to include subcontractors as necessary to insure compliance with the provisions of the Act and these rules. These on-site evaluations shall take place not less than every three years. The contractor shall make all project records available to representatives of the Division and have knowledgeable individuals available to answer questions concerning the project.
(b) The juvenile planning committee, or representatives thereof, may participate in the on-site evaluation.
Section 18. Complaints. Complaints about the services provided by any project applicant or subcontractor with the Division shall be handled in the same manner as other Division fair hearings. Any person requesting a fair hearing shall do so in writing.
Section 19. Termination of Contract. All contracts shall be terminated within 30 days upon the occurrence of one of the following, unless the deficiency is corrected to the satisfaction of the Division:
(a) If the person or organization will not allow onsite inspections and review of the programs purchased;
(b) If misuse of state funds is found; or
(c) If the program is not of an acceptable standard or quality.
(d) If, at any time, the Division determines that project funds are not being used in accordance with Division rules and regulations, the terms of the contract or state and federal laws, the Division may terminate all funds to the project. Such termination shall be in accordance with the terms of the contract.