Page:United States Statutes at Large Volume 116 Part 3.djvu/287

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1879 "(i) such representative shall submit an assessment to the court that issued such order, regarding the immediate needs of such juvenile; and "(ii) such court shall conduct a hearing to determine— "(I) whether there is reasonable cause to believe that such juvenile violated such order; and "(II) the appropriate placement of such juvenile pending disposition of the violation alleged;", (R) in paragraph (25)— (i) by striking "1992" and inserting "2000", and (ii) by striking the period at the end and inserting a semicolon, (S) by redesignating paragraphs (7) through (25) as paragraphs (6) through (24), respectively, and (T) by adding at the end the following: "(25) specify a percentage (if any), not to exceed 5 percent, of funds received by the State under section 222 (other than funds made available to the State advisory group under section 222(d)) that the State will reserve for expenditure by the State to provide incentive grants to units of general local government that reduce the caseload of probation officers within such units; "(26) provide that the State, to the maximum extent practicable, will implement a system to ensure that if a juvenile is before a court in the juvenile justice system, public child welfare records (including child protective services records) relating to such juvenile that are on file in the geographical area under the jurisdiction of such court will be made known to such court; "(27) establish policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing and implementing treatment plans for juvenile offenders; and "(28) provide assurances that juvenile offenders whose placement is funded through section 472 of the Social Security Act (42 U.S.C. 672) receive the protections specified in section 471 of such Act (42 U.S.C. 671), including a case plan and case plan review as defined in section 475 of such Act (42 U.S.C. 675). ", (2) by amending subsection (c) to read as follows: "(c) If a State fails to comply with any of the applicable requirements of paragraphs (11), (12), (13), and (22) of subsection (a) in any fiscal year beginning after September 30, 2001, then— "(1) subject to paragraph (2), the amount allocated to such State under section 222 for the subsequent fiscal year shall be reduced by not less than 20 percent for each such paragraph with respect to which the failure occurs, and "(2) the State shall be ineligible to receive any allocation under such section for such fiscal year unless— "(A) the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any such paragraph with respect to which the State is in noncompliance; or "(B) the Administrator determines that the State— "(i) has achieved substantial compliance with such applicable requirements with respect to which the State was not in compliance; and

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