London Family Court Clinic-Youth Therapeutic Court
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Transcript London Family Court Clinic-Youth Therapeutic Court
London Ontario:
Youth Therapeutic Court
1
AFCC-O CONFERENCE PRESENTATION:
LONDON, ONTARIO
OCTOBER 17, 2014
What’s Ahead…
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1.
2.
3.
4.
5.
Introduction of Panel Members
Youth Therapeutic Court: Brief Overview
Individuals and their Role
Intersections and Gaps: The lines that should cross
but don’t
Questions
1. Introduction
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PANEL MEMBERS
Panel Members
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Ko Bhamra, Defence Counsel
Kenna Dalrymple, Assistant Crown Attorney
Josh Peters, Team Lead Youth Therapeutic Court
Program
Justice Eleanor Schnall
2. Youth Therapeutic Court
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A BRIEF OVERVIEW
Overview of YTC
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Purpose and History
Handout Detailing YTC Process
YTC Team
YTC Team
Judge
Crown
Defence Counsel / Duty Counsel
Youth Mental Health Court Worker (YMHCW)
Education (TVDSB)
Probation
Children’s Aid Society
St. Leonard’s Community Services
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Overview of YTC
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YTC / MHD – Two Streams
Who qualifies for YTC
Screening: class of offenses
Mental Health
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
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Diversion
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No Plea
Sign a contract
Monitored 1 year by YMHCW
Charge is stayed upfront
Charge can be revived for non-compliance
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
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Ko Bhamra, Defence Counsel
Kenna Dalrymple, Assistant Crown Attorney
Josh Peters, Team Lead Youth Therapeutic Court
Program
The Honourable Justice Eleanor Schnall
Individuals and Their Role
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Ko Bhamra, Defence Counsel
Role of Advocate
Restorative Justice
Lawyer for young person
Options
1.
2.
3.
YTC / MHD or
YTC / GP + Sentence or
Not YTC - NG Trail
Individuals and Their Role
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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
Individuals and Their Role
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Clinician
3 components
Intake
Youth Mental Health Court Worker
Assessment
Mental Health Diversion
Team Leader
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
Residence
Education
Mental Health Monitoring
Community Support & Programming
Socialization
Recreation & Leisure
Cultural Considerations
Please see example of Contract
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Individuals and Their Role
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Clinician
3 components
Intake Worker
Youth Mental Health Court Worker
Assessment
Mental Health Diversion
Team Leader
Individuals and Their Role
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Justice Eleanor Schnall
What is it like?
Why is YTC different?
YCJA Section 34 Assessment
4. Intersection and Gaps:
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LINES THAT SHOULD
CROSS BUT DON'T
Intersection and Gaps:
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Defence Counsel:
Big Disconnect equals gaps
Lack of information from service providers
Communication between youth’s lawyers
Different Court Systems
Consent, Confidentiality and Limitations
Adult criminal, family court, child protection, youth court
YCJA
Expectations
Intersection and Gaps
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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
YCJA
Section 19 Conferences
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LINES THAT DO INTERSECT
YCJA Section 19 Conferences
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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.
Intersection and Gaps:
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Lines that do intersect:
YCJA Section 19 Conference
Purpose
Who is invited
How are Section 19 Conferences organized
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
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Intersection and Gaps:
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Lines that do intersect:
YCJA Section 19 Conference
Clinician
Prepare youth for process – emotional, psychological
Provide information to crown
Follow up on recommendations
Kristy
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Interaction with Family Court
Parents separating fighting custody and access
Section 19
Bring all parties involved
Discuss best interest of youth
Intersection and Gaps:
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Lines that do intersect:
Defence Counsel
Monitor attendance to protect youth rights
Follow up after Section 19
Judge
Faith
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Section 19
Faith using her voice
Crown intervention
Intersection and Gaps:
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Doing it Better
Education
Lawyers, Judges, Justice of Peace, Social Workers
Cross-disciplinary Conference
5. Question
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AUDIENCE PARTICIPATION
Questions
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Ko Bhamra
Kenna Dalrymple
Josh Peters
Justice Eleanor Schnall
Thank You
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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