Component: Mental health/specialized programming

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

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

  • Prepare and submit court-ordered assessments of young person’s 12-17 facing charges to assist the court and to support treatment planning. Specifically, a youth justice court may make an order for the purpose of
    • Considering an application under section 33 for release from or detention in custody
    • Making a decision on an application under section 71 (hearing – adult sentences)
    • Making or reviewing a youth sentence
    • Considering an application under sub-section 104 (1) (continuation of custody)
    • Setting conditions under sub-section 105(1) (conditional supervision)
    • Making an order under sub-section 109(2) (conditional supervision) and/or
    • Authorizing disclosure under sub-section 127(1) (information about a young person)

Service description

People served

Young person’s aged 12-17 at the time of offence

  • With the consent of the young person and the Crown, or
  • On the court’s own motion or application by the young person or Crown, if the court believes a medical, psychological, or psychiatric report is necessary for purposes mentioned in the Service Objectives and
  • The court has reasonable grounds to believe that the young person may be suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability, or a mental disability
  • The young person’s history indicates a pattern of repeated findings of guilt, or the young person is alleged to have committed a serious violent offence
  • A serious violent offence is considered an offence under one of the following provisions of the Criminal Code
    • section 231 or 235 (first degree murder or second-degree murder)
    • section 239 (attempt to commit murder)
    • section 232, 234 or 236 (manslaughter) or
    • section 273 (aggravated sexual assault)

Program/service features

  • Access to these services is based on the age and referral system arranged by the Youth Justice Division regional office of the Ministry of Children, Community and Social Services
  • Assessments are provided by appropriately trained/certified individuals, in accordance with professional and Children’s Mental Health Ontario accreditation standards as appropriate
  • Assessments are completed by qualified persons as per the YCJA section 34 (14) definition
  • Assessment content and recommendations respond to the concerns identified by the youth justice court
  • Reports must reflect if additional assessments are required and provide the rationale to show how this will support service planning. Reports are submitted in writing to the youth justice court for the specified date. If the report is not anticipated to be completed for the specified date, the assessor must notify the youth justice court in advanced indicating
    • The risk to the youth and community in the interim
    • The reason for the delay
    • When the report will be ready
  • The author of the report must be available for cross examination
  • The assessment process will include the following elements as appropriate: Initial information sharing meeting with youth, family, and agency staff
    • Information available from probation, child welfare, school, or other community service
    • Medical and/or psychological testing (behavioural analysis, intellectual/cognitive tests, clinical risk assessment, educational screening, personality inventories and projective assessments) as appropriate
    • Development of treatment/rehabilitative recommendations and A written report provided to the court for the specified date

Criminogenic needs will be specifically identified to guide the selection of appropriate targets of service and the development of a treatment plan with recommendations to engage community support where the outcome of the assessment is in lieu of a YCJA sentence.

Individual planning and case management

The probation officer is the case manager responsible for the provision and coordination of all services relevant to the YCJA sentence. The probation officer prepares a Case Management Plan for all youth with a YCJA sentence, guided by the Risk/Need Assessment, as the overall service plan for the youth.

The service provider will consult with the probation officer where a youth has an existing sentence and Case Management Plan and/or where a probation officer is preparing a Pre- Sentence report.

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
  • 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.

Service Data Name Definition

# of Reports: Medical/Psychological Reports (sec 34)

The total number of court-ordered reports prepared and submitted.

Medical/Psychological Reports (sec 34): 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 Youth: Medical/Psychological Reports (sec 34))

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 – 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.

# of Assessments: Medical/Psychological Reports (sec 34)

The total number of assessments (e.g., psychological, psychiatric, or medical) prepared and completed as part of the final Section 34 report.