Component: Alternatives to Custody and Community Interventions

Legislation: Child, Youth and Family Services Act (CYFSA), 2017, Youth Criminal Justice Act (YCJA) sec. 10

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, 2017 (CYFSA) 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 community-based post charge sanctions, outside of the formal judicial proceedings, where a young person cannot be adequately dealt with by police caution, warning, or referral to a community program because of the seriousness of the offence, the nature and number of previous offences or any other aggravating circumstances
  • Provide a range of sanctions that
    • Hold young person accountable for their offending behavior
    • Are proportionate to the seriousness of the offence and the degree of responsibility of the young person for the offence
    • Are timely and meaningful for young persons and
    • Create, maintain, and enhance innovative community partnerships

Service description

People served

  • Young person's aged 12-17 alleged to have committed an offence, who accept responsibility for participation or involvement in the commission of the offence
  • The young person has been informed of their rights to counsel, been given a reasonable opportunity to consult with counsel and having been informed of the EJS, freely consents to participate in an Extrajudicial Sanction
  • There is sufficient evidence in the opinion of the Attorney General to proceed with the prosecution of the offence, and the prosecution is not in any way barred by law

Program/service features

  • Provide an effective and timely response to offending behavior
  • The service provider encourages and facilitates community involvement by establishing community linkages and protocols to facilitate referrals and the provision of services
  • Programming should support and facilitate linkages to community programs and services that can continue to be available to the young person, where appropriate or required, once the sanction agreement has been completed
  • EJS encourage young persons to make reparations for their offence and can include such sanctions as an apology to the victim, community service work, restitution, participation in supportive programming, drug/alcohol treatment, crime prevention projects, etc.
  • Sanctions are determined on an individual basis and encourage the young person to demonstrate responsibility in the community, while providing an opportunity for the young person to recognize his/her skills and abilities and encourage constructive use of leisure time
  • Programming may include options, such as cognitive/behavioural skill development, anger management, life skills and substance abuse counselling/treatment
  • Service providers will provide individualized intake and needs assessment, including provisions for the overall reintegration and/or rehabilitation of the young person into the community
  • The program should be designed to encourage families of young persons &emdash; including extended families where appropriate &emdash; and the community to become involved in the design and implementation of those sanctions
  • EJS are part of a program of sanctions authorized by the Attorney General
  • The service provider will coordinate with the Ministry of Children, Community and Social Services (MCCSS) Regional Offices to identify local roles of the Crown Attorney and probation service criteria and process for referrals
  • The service provider will coordinate with the Ministry of Children, Community and Social Services (MCCSS) provincial director to provide a response to a victim's request for the identity of the youth and how the offence has been dealt with

Individual planning and case management

All young persons who have been approved for EJS by the Crown Attorney will either be referred directly to the service provider by the Ministry of Children, Community and Social Services (MCCSS) Provincial Director or directly by the Crown Attorney, as per local practice.

When a young person, approved for EJS, has an active court order the service provider and the Probation Officer will work collaboratively to develop an individualized sanction for each young person that reflects the nature of the offence and the individual needs of the young person. The service provider's plan will identify 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 sanction(s).

The service provider will consult with the probation office as appropriate, and specifically to: provide copies of any "Request for Extrajudicial Sanction/ Acknowledgement and Recommendation by Agent of the Attorney General" forms received directly from the Crown Attorney advise of reasonable efforts to contact the young person that have proved unsuccessful discuss any concerns related to the young person's willingness/ability to complete the sanctions develop procedures related to the process for returning a young person to court who is unsuitable or fails to comply with the EJS program and provide client data information for probation entry into Youth OTIS.

Services will be

  • Part of a youth-centred service 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 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
  • The support is based on the youth's assessed needs, preferences and available individual, agency, community, and contracted ministry resources
  • Aligned where appropriate to support the achievement of the Youth Justice Division's four measurable outcomes for youth
    • Improved functioning and positive social behavior
    • 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 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
  • 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. Identity-based data is to be shared with the local probation office for entry into Youth OTIS within 30 days from intake
  • 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.

Service Data Name Definition

# of Successful Completions: Other Extrajudicial Sanctions (EJS)

The number of young persons who complete the counselling in compliance with the order or as directed.

# of Individuals: EJS

The number of young persons who are the recipients of the approved service in a residential or non-residential program during the fiscal year (April 1st –March 31st). A young person will be counted as follows: One program start and completion in a fiscal year: A young person is counted once in a fiscal year where the service is completed. Multiple services/one service provider: Where a young person is receiving multiple services from one service provider, that young person is counted in each program. Multiple admissions in-year – same service/same program: A young person is counted once if there is a break in service in the fiscal year and the young person re-enters the same program, with the same service provider. A young person is counted as a new admission if they return to the same service provider on referral by the case manager to attend a new or similar program. Same service is defined as a program delivered to a youth addressing one (original) charge. Multiple admissions in-year &emdash; new service/same program: A young person is counted each time, where a service is completed in the fiscal year and the young person is the recipient of the same service, under a new charge. 

New service is defined as a program delivered to a youth to address a new charge. Fiscal Year overlap: A young person is counted once in each fiscal year where the service being provided begins in one fiscal year and continues into a new fiscal year.

Where a young person is receiving multiple services from one service provider, that young person is counted in each program.

Extrajudicial Sanctions (EJS) Program: Ministry- funded Agency Expenditures

Total ministry-funded expenses for the Transfer Payment Recipient to administer and/or deliver this service in the reporting year (cumulative).

# of Hours of Direct Service: EJS

 The total number of staff hours spent in direct contact with young persons and others, face to face or by telephone to establish and monitor the programs.