AFCC-O CONFERENCE PRESENTATION: LONDON, ONTARIO OCTOBER 17, 2014 London Ontario: Youth Therapeutic Court 1

What’s Ahead… 1. Introduction of Panel Members 2. Youth Therapeutic Court: Brief Overview 3. Individuals and their Role 4. Intersections and Gaps: The lines that should cross but don’t 5. Questions 2

PANEL MEMBERS 1. Introduction 3

Panel Members Ko Bhamra, Defence Counsel Kenna Dalrymple, Assistant Crown Attorney Josh Peters, Team Lead Youth Therapeutic Court Program Justice Eleanor Schnall 4

A BRIEF OVERVIEW 2. Youth Therapeutic Court 5

Overview of YTC Purpose and History Handout Detailing YTC Process YTC Team 6

Judge Crown Defence Counsel / Duty Counsel Youth Mental Health Court Worker (YMHCW) Education (TVDSB) Probation Children’s Aid Society St. Leonard’s Community Services 7

Overview of YTC YTC / MHD – Two Streams  Who qualifies for YTC  Screening: class of offenses  Mental Health 8

Criminal Sentencing Process Conditional discharge and conditions Probation Options for sentencing can be informed by MHD assessment YTC clinician acts as consultant to inform probation conditions Facilitates referrals to various mental health community resources 9

Diversion No Plea Sign a contract Monitored 1 year by YMHCW Charge is stayed upfront Charge can be revived for non-compliance 10

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 11

3. Individuals and their Role 12

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 13

Individuals and Their Role Ko Bhamra, Defence Counsel  Role of Advocate  Restorative Justice  Lawyer for young person  Options 1. YTC / MHD or 2. YTC / GP + Sentence or 3. Not YTC - NG Trail 14

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 15

Individuals and Their Role Clinician  3 components  Intake  Youth Mental Health Court Worker Assessment Mental Health Diversion  Team Leader 16

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 17

Diversion Conditions in the Contract Residence Education Mental Health Monitoring Community Support & Programming Socialization Recreation & Leisure Cultural Considerations Please see example of Contract 18

Individuals and Their Role Clinician  3 components  Intake Worker  Youth Mental Health Court Worker Assessment Mental Health Diversion  Team Leader 19

Individuals and Their Role Justice Eleanor Schnall  What is it like?  Why is YTC different?  YCJA Section 34 Assessment 20

LINES THAT SHOULD CROSS BUT DON'T 4. Intersection and Gaps: 21

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 22

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 23

LINES THAT DO INTERSECT YCJA Section 19 Conferences 24

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. 25

Intersection and Gaps: Lines that do intersect:  YCJA Section 19 Conference  Purpose  Who is invited  How are Section 19 Conferences organized 26

Sec. 19 Judicial Conferences Can be called at any time Informal and “off the record” All inclusive when in the best interest of the youth Utilized to inform issues and subsequent planning Used to keep youths on track Used to bring community partners/circle of care together Give youth a voice 27

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 28

Kristy Interaction with Family Court  Parents separating fighting custody and access Section 19  Bring all parties involved  Discuss best interest of youth 29

Intersection and Gaps: Lines that do intersect:  Defence Counsel Monitor attendance to protect youth rights Follow up after Section 19  Judge 30

Faith Section 19  Faith using her voice  Crown intervention 31

Intersection and Gaps: Doing it Better  Education  Lawyers, Judges, Justice of Peace, Social Workers  Cross-disciplinary Conference 32

AUDIENCE PARTICIPATION 5. Question 33

Questions Ko Bhamra Kenna Dalrymple Josh Peters Justice Eleanor Schnall 34

Thank You Contact information  Kenna Dalrymple  Crown Attorney Office   Ko Bhamra  Defence Counsel (519)   Josh Peters  London Family Court Clinic (519)   Judge Schnall  London Court House (519)