Component: Open Custody/Detention

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

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

Service objectives

  • Provide open custody/detention services that contribute to safe communities and provide youth with rehabilitative and reintegration programming

Service description

People served

Open Custody:

  • Young person’s aged 12-17 at the time of offence who have been found guilty and sentenced to open custody (including YCJA 42(2)(p) deferred custody and supervision orders)
  • Have had community or conditional supervision suspended by a Ministry Provincial Director and have been remanded to a youth justice open custody facility by the Ministry Provincial Director

Open Detention:

  • Young person’s aged 12-17 at the time of offence who have been charged under the Youth Criminal Justice Act (YCJA), remanded in detention by the police or youth justice court and for whom the Provincial Director has made an open detention level determination
  • Choice of the particular facility for the young person is determined by the Ministry Provincial Director

Governance, accountability, and service system requirements

The service provider will deliver the programs and services in accordance with the requirements as outlined in:

  • Relevant provisions of the Youth Criminal Justice Act (YCJA) and the Child Youth and Family Services Act (CYFSA)
  • Direction relevant to the program as stated in the Youth Justice Services Manual (first issued March 31, 2006) and all subsequent revisions and updates

Program/service features

  • services are based on the principles of community safety, accountability, and reduction of recidivism through the delivery of rehabilitative programs based on « what works » literature and best practices for service delivery
  • services are aligned with research that shows residential settings are more successful in promoting positive youth development when there are opportunities for supportive relations to develop between youth and adults/staff
  • the program utilizes a combination of both static and dynamic security to provide for safety of youth, staff and community programs and services are youth-centered and delivered in a multi-disciplinary teamwork environment which promotes rehabilitation and reintegration
  • services are 24 hours a day, seven days a week, 365 days a year
  • a daily report indicating the facility’s bed count is submitted to the ministry
  • programs and services are available and delivered to all youth in the facility. In addition, programming may be developed and delivered for an individual young person and include specialized services or programs provided in/by the facility for assessment, rehabilitation, and reintegration to the community from custody/detention

The facility is designated as a place of open custody/detention by way of being designated under the YCJA. The facility will only exceed licensed capacity with ministry approval for specified, short periods of time.

Youth justice custody/detention facilities are subject to licensing requirements as set out in Part IX of the Child, Youth and Family Services Act (CYFSA) and Regulations. Any specific exemption will be identified in writing by the ministry.

Open custody

  • Generally, it is preferable to minimize the number of placements for young persons. All transfers for bed capacity or case management reasons require authorization by the Ministry Provincial Director

Open detention

  • Provincial Director authority is granted by way of the designation and is limited to authority for detention youth for the purposes of authorizing level determination (open or secure) and transfers to another detention facility. Generally, it is preferable to minimize the number of placements for young persons. Where detention youth are transferred for bed capacity or case management reasons, the facility should involve the Ministry Provincial Director as appropriate
  • The facility will work closely with other youth justice facilities to address placements related to over-capacity, needs of youth, back up or other issues identified by the Ministry Provincial Director
  • The facility will establish and maintain cooperative and collaborative working relationships with other local, ministry funded children’s services providers along with relevant other government or community providers/networks e.g., health, education

Individual planning and case management - Open custody

  • The probation officer is the case manager responsible for the 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 youth

Open detention

  • A probation officer will be assigned to every young person admitted to detention, regardless of the length of stay. The role of the probation officer in working with a young person is dependent on the case status of the young person, active or non-active

Active status

  • When a young person has an active supervision order or a pre-sentence report ordered at the time of admission to detention, the probation officer has the lead for case management of the young person. Case management is carried out with the support of, and in collaboration with, facility staff. The probation officer completes or updates the Risk/Need Assessment, which includes the Case Management Plan to inform the development of the facility’s Case Management/Reintegration Plan

Non-active status

  • When a young person does not have an active supervision order or a pre-sentence report ordered at the time of admission to detention, facility staff have the lead for case management of the young person. Case management is carried out with the support of and in collaboration with the newly assigned probation officer

Transfer Payment Recipient’s role

The Transfer Payment Recipient will develop an individualized Case Management/Reintegration Plan (CMRP) for each young person. The CMRP should be aligned with the probation officer’s Case Management Plan when one has been completed. The CMRP reflects the assessment of Criminogenic 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.

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 the 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 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 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 tool of the MCCSS Youth Justice Outcomes Framework consistent with timelines and processes specified in training modules
    • 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

Security measures for access to Youth OTIS Connectivity to Transfer Payment Application (YOCTPA)

To support the health, safety, and privacy of young persons in a residential program, Transfer Payment Recipients will have access to YOCTPA and will adhere to the security measures described below when accessing the system.

Legislation

The information contained within YOCTPA is subject to the confidentiality provisions of the Youth Criminal Justice Act (Canada).

Where the Transfer Payment Recipient (TPR) is providing services for the purposes of the Youth Criminal Justice Act (Canada) and the Provincial Offences Act, the TPR, its directors, officers, employees, agents, and volunteers will abide by the confidentiality provisions of the Youth Criminal Justice Act (Canada) and the policies and procedures of Ontario.

The YOCTPA Security Measures are part of the agreement between the ministry and the TPR.

Expectations

This section clearly defines the TPR’s responsibilities regarding its obligations to comply with all criteria of designation, and what it will be held accountable for within its contractual relationship with the ministry.

The TPR must follow mandatory security measures to protect a young person’s personal information. These security measures include both IT and physical security controls.

The TPR will affirm that its organization meets the following criteria

  • The workstation must be located in secure staff areas not accessible to facility residents
  • Staff must log in to their Youth OTIS Connectivity Transfer Payment Application (YOCTPA) account with their username, password and their six-digit authentication code generated by their SurePass (OTP) card. Staff must keep their SurePass One Time Password (OTP) card in a secure location. SurePass (OTP) cards are registered to only one user and cannot be shared
  • Passwords are not shared
  • Password policy governing choice of passwords
    • Minimum length of 6 characters
    • Password must contain at least one digit and at least one capital letter
    • Passwords set by an administrator (whether initially for new users or for password resets) are one-time passwords, and must be reset upon first login
    • Accounts will be locked out after six unsuccessful login attempts – locked out accounts will require administrative assistance to unlock
    • Accounts will be logged off after five minutes of inactivity and the user will have to log back in if required
    • Account holders are required to logoff YOCTPA when leaving the workstation unattended for any period of time
    • Each staff will be required to sign a confidentiality agreement regarding acceptable use of the YOCTPA application which highlights the individual’s accountability for their actions as well as tips on ways to ensure continued protection of their accounts in a shared workstation environment. The confidentiality agreement and other related documents will be provided by the YOCTPA System Admin team as part of the provisioning process for new staff

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 Days of Residential Care: Open Custody/Detention

Number of 24-hour periods for which young persons will be provided residential care during the fiscal year. The day on which the young person is admitted is included as one day of service day on which a client is discharged is not included.

# of Days of Residential Care Open Detention

The number of 24-hour periods for which young persons were provided residential detention care during the fiscal year. The day on which the young person is admitted is included as one day of service. The day on which a client is discharged is not included.

# of Days of Residential Care Custody: Open Custody

The number of 24-hour periods for which young persons were provided residential custody care during the fiscal year. The day on which the young person is admitted is included as one day of service. The day on which a client is discharged is not included.

# of Youth: Open Custody/Detention

The number of young persons who are the recipients of the approved service for both open custody and open detention residential programs 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.

# of Youth: Open Detention

The number of young persons who are the recipients of the approved service in a residential detention program during the fiscal year (April 1-March 31). 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 Youth: Open Custody

The number of young persons who are the recipients of the approved service in a residential custody 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 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 Youth: Community Learning HUB programming: Open Custody/Detention

The total number of young person’s receiving Community Learning HUB programming to help enhance their skills development and employment/training needs and supports. A young person is counted once in a fiscal year where they receive any Community Learning HUB programming.

# of Community Learning HUB programs youth receive: Open Custody/Detention

The total number of Community Learning HUB programs each youth receives to help enhance their skills development and employment/training needs and supports programs are the learning units organized under each theme on the Community Learning HUB. For example, under the theme of Employment, a thematically organized learning unit is Interview Preparation and Money Basics is a learning unit under the Financial Literacy theme.

Open Custody/Detention: 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) for Open Custody/Detention services.