2024–2025 Services delivered: youth mental health court worker

Component: Mental health/specialized programming

Legislation: Child, Youth and Family Services Act (CYFSA), 2017

Requirements

Disposition of records

1. In the event the Service Provider ceases operation, it is agreed that the Service Provider will not dispose of any records related to the services provided for under this contract without the prior consent of Ontario, which may be given subject to such conditions as Ontario deems advisable
2. For purposes of services provided pursuant to the Youth Criminal Justice Act (YCJA) (Canada), and the Provincial Offences Act (POA), upon termination of services to the young person, the Service Provider will retain and ultimately dispose of records relating to the young person in accordance with the Youth Criminal Justice Act (Canada), the Child, Youth and Family Services Act (CYFSA) 2017 and the policies and procedures of Ontario

Confidentiality

1. The Service Provider, its directors, officers, employees, agents and volunteers will hold confidential and will not disclose or release to any person other than Ontario at any time during or following the term of this contract, except where required by law, any information or document that tends to identify any individual in receipt of services without obtaining the written consent of the individual or the individual's parent or guardian prior to the release or disclosure of such information or document. Where the Service Provider is a municipality, or such other "institution" as defined in the Municipal Freedom of Information and Protection of Privacy Act, the provisions of such Act with respect to the disclosure or release of information apply
2. Where the Service Provider is providing services for the purposes of the Youth Criminal Justice Act (YCJA) (Canada) and the Provincial Offences Act (POA) the Service Provider, its directors, officers, employees, agents, and volunteers will abide by the confidentiality provisions of the Youth Criminal Justice Act (YCJA) (Canada) and the policies and procedures of Ontario

Transfer Payment Recipients will follow the Youth Justice Services Manual (YJSM) that was first issued April 1, 2006, and all subsequent revisions. “Contents Applicable to All” and the “Transfer Payment Community Based Programs and Services” sections outline minimum requirements for the Transfer Payment Recipients.

Service objectives

• Provide programs and services to address the issues and supports of young persons with mental health and/or behavioural needs who are in the youth justice system
• In partnership with the court, facilitate the diversion of youth with mental health needs away from the courts and develop linkages with appropriate programming/supports in the community
• Establish a partnership with the Ministry of Health and Long-Term Care and community- based child and youth mental health service providers to enhance opportunities to divert youth with mental health needs from the formal justice and acute care systems
• Reduce barriers to youth accessing necessary mental health and ancillary services

Service description

People served

• Children and youth aged 12-17, who are in conflict with the law and identified with mental health needs, illness or disorder, where the criminal justice matter is within the jurisdiction of the Youth Justice Court

Program/service features

• Services are community-based, time limited and support referral to other services where the young person’s needs go beyond a youth justice sentence
• Services are clinically focused, individualized, based on assessed needs and are evidence- based
• A Youth Mental Health Court Worker (YMHCW) will establish effective linkages between individual youth, the youth justice court (including Crowns and defense) and appropriate community mental health and youth justice resources and function as a short term “bridge” between these systems. Protocols and best practices will be developed to support these collaborative working relationships
• Where information is available indicating that a youth has mental health needs, the YMHCW shall intervene at the earliest possible stage of proceedings to prepare an assessment, develop a service/diversion plan, and provide referral resources
• Responsibilities include but are not limited to
  • Sending information relevant to diversion to a treating psychiatrist or other mental health professional and requesting input/recommendations (where app)
  • Arranging/facilitating assessments as required
  • Where a young person is in need of mental health supports at any stage during the court process, make the appropriate referral(s)
  • Where the young person is being detained during the court process, and it is appropriate to do so, establish contact with the detaining facility and provide all relevant file information as permitted under the YCJA and the Personal Health Information Protection Act
  • Where the Crown elects to divert the young person out of the justice system, post charge and prior to the court trial process, the YMHCW shall make the necessary arrangements and contacts with the assigned probation office and/or community service agency involved in the case and provide all file information as permitted under the YCJA and the Personal Health Information Protection Act
  • Where the young person is fully engaged in the trial process, the YMHCW shall make themselves known and available to the Crown Attorney, the young person, their family, counsel for the young person to explain their role and referral services that are available Obtaining approval of the Crown for the diversion plan and assist in the development of a plan for judicial release if requested by the young person and his or her counsel. When requested by the court, provide information at sentencing. Participating in regular meetings/other opportunities with mental health court workers to share information, review data collection and identify issues and strategies to improve services
  • Serving as a resource to the youth justice and mental health systems regarding service delivery and gaps in service and provide input into resolving process issues
  • Providing information and support to family members of young persons with mental health needs
  • Providing outreach to facilitate the completion of the service/diversion plan

Individual planning and case management

• In collaboration with the youth, caregivers, mental health service providers, members of the justice system, other community-based services, and key individuals, the YMHCW's identify, inform, and facilitate the development of an individualized plan that will address the mental health needs of a young person at key intervention points in the judicial process
• YMHCW's will expedite referrals to the mental health system to minimize involvement in the criminal justice system
• At the earliest permissible time, the YMHCW will meet with the youth to prepare an assessment that includes all information relevant to the present situation and needs
• This would include information of the person’s mental health history, treating psychiatrist/other mental health professional, any support networks, current living situation, available supports and linkages to psychiatric and other services
• A plan for service/diversion will be developed with the youth, the youth’s parents/guardian (where involved) and counsel (where involved) and be submitted to the Crown Attorney
• The YMHCW will coordinate the provision of services through linkages to mental health professionals and referral and outreach services. Where necessary, the YMHCW will provide short-term follow up and support to both diverted and non-diverted youth
• Where a probation officer is assigned, the probation officer is the case manager responsible for provision and coordination of all services relevant to the YCJA The probation officer prepares a Case Management Plan, guided by the Risk/Need Assessment, as the overall service plan for the young person
• The service provider will develop an individualized plan for each young person that is consistent with the probation officer’s Case Management Plan and reflects the assessment of needs, the specific services/supports/interventions to be provided and the expected outcomes of service. Criminogenic needs will be specifically identified to guide the selection of appropriate targets of service
• Probation Officers are assigned to all young persons in detention. Where a Probation Officer refers a youth as part of a detention community release plan, services will be coordinated by the Probation Officer

Where opportunity exists and is appropriate, the YMHCW may also provide a re-integrative role in collaboration with the probation case manager and provide supports and consultation for youth who were not diverted from the youth justice system

Services will be

• Part of a youth centered delivery system that provides rehabilitative and reintegration programs and services to youth in conflict with the law
• Based on cognitive behavioural principles and interventions, best practices, consultation, evidence-informed and/or evidence-based programming and integrated with other services provided to youth within government and in the community
• Reflective and responsive to the youth, family and community strengths and needs
• Accountable to the youth, family, and community
• Sensitive to the social, linguistic, and cultural diversity of families and Indigenous communities
• Staffed by individuals with the appropriate range of skills, abilities, and cultural competency necessary to respond effectively to the needs of youth and families
• Based on the youth’s assessed needs and preferences, and the availability of individual, agency, community, and contracted ministry resources, and
• Aligned where appropriate to support the achievement of the Youth Justice Service Division’s four outcomes for youth
  • Improved functioning and positive social behaviour
  • Increased skills and abilities
  • Increased youth engagement with supports and
  • Decreased re-offending
• Responsible for completing training modules, reviewing business processes, and viewing program results of the Ministry of Children, Community and Social Services (MCCSS) Youth Justice Outcomes Framework (YJOF) via the YJOF SharePoint Site (please contact regional office for site access)
• Responsible for demonstrating outcome achievement using the following tools of the Ministry of Children, Community and Social Services (MCCSS) Youth Justice
• Outcomes Framework consistent with timelines and processes specified in training modules
  • Actively offering youth the option to complete the Non-Residential Youth Experience Survey (NRES)
  • Completing the Monthly Survey Distribution Record
  • Completing the Outcome Data Collection Form (ODCF)
• Applying the standardized collection of Identity-based data in order to better serve youth who receive Youth Justice services and programs. The standardized collection should be applied for all types of programming except Prevention and Extrajudicial Measures
• Aligned with Anti-Racism and human rights principles to challenge racism and oppression in all its forms

Reporting requirements

The following service data will be reported on at an Interim and Final stage. Please refer to your final agreement for report back due dates and targets.