Component: Alternatives to Custody and Community Interventions

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

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 an effective, efficient, economical alternative to custody for youth in conflict with the law using restorative justice principles and practices
  • Contribute to the development of a framework of community-based alternative interventions to reduce reoffending rates and address reparation of harm, reintegration, prevention, and rehabilitation

Service description

People served

  • Young person’s aged 12 – 17 at the time of an offence
  • Referrals may be made by a number of sources including the police, as part of a pre-charge preventative measure, a Probation Officer, or other youth justice service providers and community agencies

Program/service features

  • Community-based, individualized interventions
  • Victims, young persons, and the community identify and address the needs, as well as the harm, that results from the offence and seek resolution that affords reparation, healing and reintegration and prevents future harm
  • Interventions are focused on repairing the harm caused by crime while holding the young person accountable for his/her actions
  • The restorative justice process can be implemented as part of either a pre-charge preventive measure, a post-charge sanction, or as part of case management for sentenced youth

Individual planning and case management

If a probation officer is assigned as the case manager, 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 coordinate and deliver services that reflect the case management plan.

If there is no assigned probation case manager, the service provider will develop an individualized plan for each young person that reflects the assessment of needs, the specific services/supports/interventions to be provided and the expected outcomes of service. Where known, criminogenic needs will be specifically identified to guide the selection of appropriate targets of service.

Any agreement developed during a restorative conference/process that includes sanctions or measures by which a young person can demonstrate accountability and repair of harm, and assist in the young person’s reintegration, shall be incorporated into the service providers plan.

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 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
  • Based on restorative justice principles and practices and include victim(s)
  • 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 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
  • 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 Individuals: Sentenced: Restorative Justice/Conferencing

The total number of individuals participating in skill building or educational sessions/workshops/training to assist with building parenting skills, child/youth management skills, self-management, anger management, risk reduction, resiliency building, etc.

Participants are counted each time they attend a program within the fiscal year. If a program (a workshop or seminar) lasts more than one day, a person is counted once, whether the person attended more than one day or whether they attended only part of the workshop or seminar.

Restorative Justice/Conferencing: 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 Individuals - Prevention: Restorative Justice/Conferencing

The number of clients receiving appealed amounts.

# of Individuals: Diversion: Restorative Justice/Conferencing

The number of individual youth who are currently receiving or have received a Restorative Justice service during the fiscal year (April 1st – March 31st) and have been charged with an offence but not yet found guilty (post-charge). 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 Individuals: Restorative Justice/Conferencing

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 Hours of Direct Service: Restorative Justice/Conferencing

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.