Services delivered: Indigenous extrajudicial measures (EJM)

Component: Indigenous services

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 culturally relevant programming for Indigenous young persons in, or at risk for conflict with the law
• Provide effective cultural supports, counselling and education for Indigenous children, youth, families, and the community to support rehabilitation and reintegration of young person

Service description

People served

• Indigenous 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
• Young persons who have been informed of their rights and consents to participate in an Extrajudicial Measure

Program/service features

• Services will be provided by an Indigenous service provider, where possible
• Non-Indigenous service providers are to work closely with Indigenous partners to ensure programs offered are culturally responsive and meet the needs of the Indigenous youth served
• Provide an effective and timely response to offending behavior
• Measures 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 their skills and abilities and encourage constructive use of leisure time
• The service provider encourages and facilitates community involvement in the program
• EJ Measures encourage young persons to make reparations for their offence and can include such measures as: an apology to the victim, community service work, restitution, participation in supportive programming, drug/alcohol treatment, crime prevention etc.
• The person authorizing EJM is satisfied it would be appropriate, having regard to the needs of the young person and the interests and safety of society
• The program should be designed to encourage families of young persons – including extended families where appropriate – and the community to become involved in the design and implementation of those measures

Individual planning and case management

• All young persons who have been approved for EJM by the police officer and with the consent of the young person, are referred the service provider
• The service provider will develop an individualized measure 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 services/supports/interventions to be provided and the expected outcomes of service. Where known, criminogenic needs will guide the selection of appropriate measure(s)
• The service provider will consult with the referring police officer as appropriate and specifically to advise of success in arranging contact with the young person, provide update reports on the young person’s ability to complete the measure or to facilitate the process for returning a young person to court who is unsuitable or fails to comply with the EJM program

Services will be

• Delivered as close to youth's homes including within the communities themselves, when possible
• 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 behavioral 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 Service Division’s four 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 (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 (YJOF) 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
• 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.