Services delivered: Youth Justice Committee (YJC) program

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
3. 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

The Youth Justice Committee program provides an alternative to formal court for young persons, who are alleged to have committed an offence. The program is legislated under the Youth Criminal Justice Act (Canada), which recognizes extrajudicial measures or alternatives to the formal court process.

The program is voluntary and requires the young person to accept responsibility for their actions that led to the charge. It brings together the young person, their parent or guardian, the victim, and trained community volunteers to determine how the young person can make amends for their actions in a Youth Justice Committee Conference. The program is restorative with a focus on: (a) the harm caused (b) the impact of the harm caused and (c) ways to repair the harm caused. The parties negotiate and agree to sanctions or measures, which are tasks that the young person must do to successfully complete the program and avoid a criminal record. The sanction/measure may include paying restitution, making a charitable donation, completing volunteer work, providing an apology/letter of reflection, and/or attending an intervention program.

The objectives of the program include providing

• a viable, accountable, and meaningful post-charge or pre-charge alternative to prosecution for the resolution of eligible offences
• a voice to the victim in the criminal justice process
• an opportunity for the young person to achieve a better understanding of their actions and impact of such actions on the person harmed, the parent or guardian, and the community
• an opportunity for community members to become directly involved in the administration of youth justice and
• a timely, meaningful, and restorative resolution to offending behaviors

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 freely consents to participate in the Youth Justice Committee program
• Referrals for participation in the program will be received post-charge from the Crown Attorney or pre-charge from the police

Program/service features

The Transfer Payment Recipient shall deliver and administer the YJC program for their assigned court location(s) by recruiting, screening, selecting, training, supervising, and administrating

• staff to act as a coordinator of the program (the “Youth Justice Committee Coordinator”) and
• a roster of volunteers for the delivery of the program

The Youth Justice Committee Coordinator provides the following services

• completing the intake and assessment for pre and post charge referrals
• coordinating and supervising the volunteers
• coordinating and delivering the Youth Justice Committee Conference
• monitoring and supporting the completion of assigned measures/sanctions
• maintaining relationships with the local Crown Attorney, the local police services, and other justice stakeholders to support and deliver the program and provide status updates
• promoting the program to justice stakeholders to optimize referrals and,
• general administration of the program

The Youth Justice Committee Conference can occur in three (3) formats

1. Conference with Victim Participation: Victims participate directly in the program by attending in person, at the conference, or indirectly by providing input through alternative means such as a letter, verbal input, or a victim impact statement
2. Conference without Victim Participation: Where there is no identifiable direct victim or the victim does not agree to participate in the program, either directly or indirectly, this version of the conference shall be followed. The benefit of this process is to help the young person understand the impact of the alleged offence on the community
3. No Conference: Following a discussion with the young person and the parent or guardian about the alleged offence, the impact of the alleged offence, and the consequences already assigned by the family, the school, or any other reparations already made, the Youth Justice Committee Coordinator may return the case to the Crown at first appearance of court, or to the referring police service, following intake and assessment with the recommendation that no further action should be taken and the charge be withdrawn or stayed

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
• 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 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: YJC - EJM	Number of young persons who are the recipients of the YJC program during the fiscal year (April 1st - March 31st).
# of Successful Completions: YJC - EJM	The number of young persons who complete the counselling in compliance with the order or as directed.
# of Successful Completions: YJC - EJS	The number of young persons who complete the counselling in compliance with the order or as directed.
Youth Justice Committee: 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 Victims Participating: YJC	Total number of victims participating in the YJC Program during the fiscal year either in person or via written or verbal input.  (April 1 - March 31).
# of Restorative Conferences Held: YJC	Total number of restorative YJC conferences held during the fiscal year (April 1 - March 31). The restorative conference process includes participation by the young person, parent/guardian, trained community volunteers, and victim.
# of Trained Community Volunteers: YJC	Total number of active and trained community volunteers participating in the YJC program (April 1 - March 31).
# of Individuals: YJC - EJS	Number of young persons who are the recipients of the YJC program during the fiscal year (April 1st - March 31st).