afcc-o conference presentation: london, ontario october 17, 2014 london ontario: youth therapeutic...

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AFCC-O CONFERENCE PRESENTATION:

LONDON, ONTARIO

OCTOBER 17 , 2014

London Ontario: Youth Therapeutic Court

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What’s Ahead…

1. Introduction of Panel Members 2. Youth Therapeutic Court: Brief Overview3. Individuals and their Role4. Intersections and Gaps: The lines that

should cross but don’t5. Questions

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PANEL MEMBERS

1. Introduction

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Panel Members

Ko Bhamra, Defence CounselKenna Dalrymple, Assistant Crown Attorney Josh Peters, Team Lead Youth Therapeutic

Court Program Justice Eleanor Schnall

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A BRIEF OVERVIEW

2. Youth Therapeutic Court

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Overview of YTC

Purpose and History

Handout Detailing YTC Process

YTC Team

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YTC TeamJudgeCrown Defence Counsel / Duty CounselYouth Mental Health Court Worker (YMHCW)Education (TVDSB) Probation Children’s Aid SocietySt. Leonard’s Community Services

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Overview of YTC

YTC / MHD – Two Streams Who qualifies for YTC Screening: class of offenses Mental Health

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Criminal Sentencing Process

Conditional discharge and conditionsProbationOptions for sentencing can be informed

by MHD assessmentYTC clinician acts as consultant to

inform probation conditionsFacilitates referrals to various mental

health community resources

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Diversion

No PleaSign a contractMonitored 1 year by YMHCWCharge is stayed upfront Charge can be revived for non-compliance

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How do they get in?Screening for YTC suitability

Charge Voluntary Mental Health Disorder/Developmental Delay/

Acquired Brain Injury Significant Family/Historical Issues Repeat Offending/Chronic Instability Significant Risk Issues Developmental/Complex Trauma History In Need of Support/Links

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3. Individuals and their Role

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Individuals and Their Role

Ko Bhamra, Defence Counsel Kenna Dalrymple, Assistant Crown Attorney Josh Peters, Team Lead Youth Therapeutic

Court Program The Honourable Justice Eleanor Schnall

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Individuals and Their Role

Ko Bhamra, Defence Counsel Role of Advocate Restorative Justice Lawyer for young person Options

1. YTC / MHD or2. YTC / GP + Sentence or 3. Not YTC - NG Trail

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Individuals and Their Role

Crown Role of Prosecutor

Problem Solving Approach vs. Adversarial System

Receive information of YMHCW and YTC Team

Screening for Mental Health Diversion

Resolution and Sentencing of Youth

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Individuals and Their Role

Clinician 3 components

Intake Youth Mental Health Court Worker

Assessment Mental Health Diversion

Team Leader

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Assessment Process Interviews (Youth & Family/Caregivers)

Collateral information

MAYSI 2 Screening / Resiliency Measure

Psychiatric Consultation if Required

Ongoing Assessment of Risk

Observation & Monitoring Phase

Proposed Conditions

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Diversion Conditions in the Contract

ResidenceEducationMental Health MonitoringCommunity Support & ProgrammingSocializationRecreation & LeisureCultural ConsiderationsPlease see example of Contract

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Individuals and Their Role

Clinician 3 components

Intake Worker Youth Mental Health Court Worker

Assessment Mental Health Diversion

Team Leader

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Individuals and Their Role

Justice Eleanor Schnall What is it like? Why is YTC different? YCJA Section 34 Assessment

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LINES THAT SHOULD CROSS BUT DON'T

4. Intersection and Gaps:

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Intersection and Gaps:

Defence Counsel: Big Disconnect equals gaps

Lack of information from service providers Communication between youth’s lawyers

Different Court Systems Adult criminal, family court, child protection, youth court

Consent, Confidentiality and Limitations YCJA

Expectations

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Intersection and Gaps

Clinician – Youth Mental Health Court Worker

Job of youth mental health court worker is to gather this information regarding

Children’s Aid Representative on the YTC team Child protection matters

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LINES THAT DO INTERSECT

YCJASection 19 Conferences

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YCJA Section 19 Conferences

YCJA Section 19. (1) A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act. (2) The mandate of a conference may be, among other things, to give

advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans.

(3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court judge or a justice of the peace.

(4) In provinces where rules are established under subsection (3), the conferences to which those rules apply must be convened and conducted in accordance with those rules.

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Intersection and Gaps:

Lines that do intersect: YCJA Section 19 Conference

Purpose

Who is invited

How are Section 19 Conferences organized

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Sec. 19 Judicial ConferencesCan be called at any timeInformal and “off the record”All inclusive when in the best interest of

the youthUtilized to inform issues and subsequent

planningUsed to keep youths on trackUsed to bring community partners/circle

of care togetherGive youth a voice

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Intersection and Gaps:

Lines that do intersect: YCJA Section 19 Conference

Clinician Prepare youth for process – emotional, psychological Provide information to crown Follow up on recommendations

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Kristy

Interaction with Family Court Parents separating fighting custody and access

Section 19 Bring all parties involved Discuss best interest of youth

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Intersection and Gaps:

Lines that do intersect: Defence Counsel

Monitor attendance to protect youth rights Follow up after Section 19

Judge

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Faith

Section 19 Faith using her voice Crown intervention

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Intersection and Gaps:

Doing it Better Education

Lawyers, Judges, Justice of Peace, Social Workers Cross-disciplinary Conference

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AUDIENCE PARTICIPATION

5. Question

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Questions

Ko Bhamra

Kenna Dalrymple

Josh Peters

Justice Eleanor Schnall

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Thank You

Contact information Kenna Dalrymple

Crown Attorney Office Kenna.Dalrymple@ontario.ca

Ko Bhamra Defence Counsel (519) 642-4544 kbhamra@bellnet.ca

Josh Peters London Family Court Clinic (519) 280-3736 Josh.Peters@lfcc.on.ca

Judge Schnall London Court House (519) 660-2707