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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 [email protected]
Ko Bhamra Defence Counsel (519) 642-4544 [email protected]
Josh Peters London Family Court Clinic (519) 280-3736 [email protected]
Judge Schnall London Court House (519) 660-2707
