Topic: Regent Park

Professor Arun Dhanota wrote this case under the supervision of Professor Chandra Hodgson. It was prepared solely to provide material for class discussion. The author does not intend to illustrate either effective or ineffective handling of a managerial situation. The author may have disguised certain names and other identifying information to protect confidentiality.

Copyright © 2013, Humber College Institute of Technology and Advanced Learning Ver. 04-11-13

Regent Park & YCAPP

In the afternoon of August 17, 2005 at approximately 12:00pm, Irene Marynowicz, Supervisor of the Youth Court Action Planning Program (YCAPP), sat in her office looking over her file for Martin A., contemplating whether he was an appropriate client for YCAPP. Irene had to decide whether or not YCAPP could work with Martin and if so, what would be his plan of service. She had until Court reconvened at 2:00pm to make her decision.

Philosophies of Agencies Involved

Youth Criminal Justice Act & the Canadian Criminal Justice System

One of the basic philosophies of the Youth Criminal Justice Act (YCJA) was to respond to the challenges and needs young people faced by providing guidance, support and addressing the underlying causes that contributed to youth crime. This was done by bringing together various stakeholders, including criminal justice system (CJS) personnel, community agencies, youth and their families. One of the main components of the YCJA was to ensure incarceration was reserved for people who had committed more serious crimes, and not just any or all crimes. The promotion of rehabilitation and reintegration was stressed through engaging programs and services in the community that not only became meaningful and relevant for youth, but also ensured community safety. The YCJA also recognized that one of the basic principles of Canadian criminal law was that any person alleged to have committed a criminal offence was considered innocent until proven guilty. Therefore, an accused person was held for pre-trial detention (in custody) when there were reasonable grounds to believe the youth would not appear for his/her court dates or the youth would commit another criminal offence while in the community.1

311 Jarvis Criminal Court

At 311 Jarvis Youth Court, all levels of personnel operated under the philosophy that it takes a village to raise a child. Although it was an adversarial court system, whereby an alleged offender was prosecuted for committing a criminal offence, there was a determined approach to help the young accused by providing him/her with resources and support in order to promote an anti- criminal lifestyle. Judges, as well as both Crown and Defence Attorneys, worked in close relation

1 Department of Justice (2013): Youth Criminal Justice Act: Summary and Background. Retrieved July 5, 2013 from

http://www.justice.gc.ca/eng/cj-jp/yj-jj/ycja-lsjpa/back-hist.html.

with service providers at 311 Jarvis Court to ensure that a youth who had turned to crime would be provided with support, resources and alternatives to prevent further criminal behaviour.

Community & Social Services

A basic philosophy of Community & Social Services (CSS) was to define, prevent and alleviate human suffering. At 311 Jarvis Court, service providers worked within the parameters of the YCJA to ensure rehabilitation and community reintegration, while upholding the principles of accountability and proportionality. They also adhered to the presumption of innocence until proven guilty, as practiced by the Canadian criminal justice system (CCJS). Furthermore, while working with the young person, CSS also ensured that the safety and well-being of the community was upheld while the young person was reintegrated back into the community through effective and needs- based programming.

Youth Court Action Planning Program (YCAPP)

YCAPP was a program delivered by Operation Springboard for youth who were criminally involved and facing criminal charges. It was delivered in three youth criminal courts across Southern Ontario: 311 Jarvis Court, Metro West (2201 Finch) Court and Newmarket Court. It was a voluntary pre-trial program for youth who were considered to be at risk for reoffending, denied bail, or for youth who had very little contact with the criminal justice system and may not have qualified for extrajudicial measures or sanctions.2 Staff had formal education in areas of social service, social work, criminal justice and/or psychology and used their skills to conduct a risk-needs assessment for positive, goal-oriented and rehabilitative programming. YCAPP worked with all parties affiliated with the young person: defense counsel, families, schools, employers (where necessary) and/or community stakeholders/agencies to build personalized plans of service. The plan could be diverse and could include counselling, community service, individual programming, education and/or employment and/or written projects. Upon successful completion of the program, the youth was provided with a formal completion letter to help withdraw the charge(s), to reduce the sentence or in the consideration of programming post-sentencing. In providing programming to the youth, YCAPP became an essential component of a youth’s processing in the CJS, and for many, provided support and resources even after the youths’ criminal charges had been addressed.

Irene Marynowicz

Irene was the Supervisor and front-line Counsellor with YCAPP. She had been working with YCAPP for approximately eleven years. Her role was to manage and supervise the staff and program and ensure it operated effectively and efficiently in accordance with its mandate, with the Ministry of Children and Youth Services and Operation Springboard, the agency that delivered the program.

Irene had a Bachelor of Social Work and extensive knowledge and experience working with at-risk youth and vulnerable and marginalized populations. She worked in youth justice for

2 Under the Youth Criminal Justice Act (YCJA), Extrajudicial Measures (EJM) and Extrajudicial Sanctions (EJS) are alternatives to the traditional court process, whereby accused youth can voluntarily participate in programs and sanctions to restore the harm they have caused to the community. Successful completion of the EJM or EJS allows accused youth to have their criminal charges withdrawn, thus, not be convicted nor have a criminal record.

eleven years and in children’s mental health for three years. She served as an Executive Director for Big Brothers/Big Sisters for three years and was a Trustee of the Wellington County Board of Education for four years. She also worked as a front-line counsellor for the Children’s Aid Society for over fifteen years.

Irene’s extensive experience assessing risk and effectively programming youth gave her the reputation as the resident expert on at-risk youth. Senior personnel at 311 Jarvis Court frequently asked for her expertise when working with young offenders and victims of crime.

The Incident

Martin A. was a 14-year-old African-Canadian male who resided in Regent Park, an area defined as a priority neighborhood in the City of Toronto. It had historically been considered an under- resourced and isolated community, heavily ridden with crime and poverty.

Martin lived with his two parents, older sister and younger brother. His family was from a middle- income socioeconomic background, whereby both his parents were highly educated and worked in full-time professions. His older sister attended university. He had no prior contact with the police, nor had he been in conflict with the law.

On the day of the incident, Martin was outside in the neighborhood with his friends. His father and their neighbour got into a heated argument and the Toronto Police were called to the scene. Martin thought the police officer was siding with the neighbour, as opposed to his father, so he and his friends began heckling the police officer. The officer warned Martin and his friends about making comments as he proceeded to address the argument between the neighbours. Martin and his friends, however, continued heckling and making comments to the officer. As a result, the officer charged Martin only, with Mischief Under $5000.00. He was arrested and held in custody overnight.

Martin was brought to 311 Jarvis Criminal Court for a Bail Hearing the next morning. The Duty Counsel referred him to YCAPP to provide a personalized plan of service that would meet the needs and goals of Martin, his family and the community.

Irene’s Decision

Irene met with Martin at 9:00 am in the morning of August 17, 2005 in the interviewing room, in the holding cell area in the basement of 311 Jarvis Court. He was referred to YCAPP by the Duty Counsel for a Pre-Release/Bail Plan, whereby Martin would be released from custody to be in the community while on Bail. She explained YCAPP to Martin and informed him it was a voluntary program – that it was his choice to work with her and her staff. Upon consent, Irene proceeded to complete a formal risk-needs assessment to target areas that could be risk factors contributing to criminal behaviour, while focusing on the needs and goals of the youth (see Exhibit A). Martin’s assessment placed him in the low-risk category, which meant that he was at a low-risk to reoffend. His needs consisted of him attending school and receiving help with it, as well as having a safe place to go to for recreational activities. He enjoyed hanging out with his friends and hoped to continue that. As he was just entering high school, he had no specific career goals, other than completing high school. His main goal was to work with YCAPP to receive all the resources and support he could in order to address the charge before Court.

She canvassed with Martin programming options (see Exhibit B). The entire interview and assessment process took about one hour to an hour and a half. Upon completion of the interview, she returned to her office and contemplated her discussion with Martin, while she reviewed the risk-needs assessment and the potential plan of service. She also met with the family to learn more about Martin and the circumstances that brought him to Court. Martin’s father disclosed in comparison to his sister and brother, Martin was a rebellious youth at home and did not always comply with the house rules. He associated with his friends a great deal in the neighbourhood as opposed to focusing on his studies. Martin’s father also stated there were many times he and Martin had disagreements, but Martin had never before been in trouble with the law nor had he had prior police contact. He had completed grade 8 and would be entering high school the next month. His father also stated Martin did not have any serious problems at school either. He agreed to be Martin’s surety and to also work with YCAPP to provide any support they could to Martin. Irene also spoke to potential service providers that were to be part of Martin’s plan of service. The decision Irene had to wrestle with was whether YCAPP could work with Martin and if so, what his plan of service should consist of. She had to submit her decision to Court by 2:00pm.

Exhibit A – Risk-Needs Assessment

THE YOUTH LEVEL OF SERVICE/CASE MANAGEMENT INVENTORY

ROBERT D. HOGE & D. A. ANDREWS, CARLETON UNIVERSITY

0991 (03/94) Reformated 06/10/96 - dbs

Name Date of Birth

Part I - Assessment of Risk and Needs 1. Prior and Current Offenses/Dispositions Comments (include mitigating and aggravating factors)

a. Three or more prior convictions ________________________________________________________________ b. Two or more failures to comply ________________________________________________________________ c. Prior probation ________________________________________________________________ d. Prior detention ________________________________________________________________ e. Three or more current charges ________________________________________________________________

Total ________________________________________________________________ Risk Level: Source(s) of information____________________________________________

Low (0) ________________________________________________________________ Moderate (1-2) ________________________________________________________________ High (3-5) ________________________________________________________________

2. Family Circumstances/Parenting Comments

a. Inadequate supervision ________________________________________________________________ b. Difficulty in controlling behavior ________________________________________________________________ c. Inappropriate discipline ________________________________________________________________ d. Inconsistent parenting ________________________________________________________________ e. Poor relations/father-child ________________________________________________________________ f. Poor relations/mother-child ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________ _______________________________________________________________ Risk Level: Source(s) of information____________________________________________

Low (0-2) ________________________________________________________________ Moderate (3-4) ________________________________________________________________ High (5-6) ________________________________________________________________

3. Education/Employment Comments

a. Disruptive classroom behavior ________________________________________________________________ b. Disruptive behavior on school property ________________________________________________________________ c. Low achievement ________________________________________________________________ d. Problems with peers ________________________________________________________________ e. Problems with teachers ________________________________________________________________ f. Truancy ________________________________________________________________ g. Unemployed/not seeking employment ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________

________________________________________________________________ Risk Level: Source(s) of information____________________________________________

Low (0) ________________________________________________________________ Moderate (1-3) ________________________________________________________________ High (4-7) ________________________________________________________________

THE YOUTH LEVEL OF SERVICE/CASE MANAGEMENT INVENTORY ROBERT D. HOGE & D. A. ANDREWS, CARLETON UNIVERSITY

0991 (03/94)

Part I - Assessment of Risk and Needs (Continued) 4. Peer Relations Comments

a. Some delinquent aquaintances ________________________________________________________________ b. Some delinquent friends ________________________________________________________________ c. No or few positive aquaintances ________________________________________________________________ d. Nor or few positive friends ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________

________________________________________________________________ Risk Level: ________________________________________________________________

Low (0) ________________________________________________________________ Moderate (2-3) ________________________________________________________________ High (4) ________________________________________________________________ Source(s) of information____________________________________________ ________________________________________________________________ ________________________________________________________________

5. Substance Abuse Comments

a. Occassional drug use ________________________________________________________________ b. Chronic drug use ________________________________________________________________ c. Chronic alcohol use ________________________________________________________________ d. Substance abuse interfers with life ________________________________________________________________ e. Substance use linked to offense(s) ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________

________________________________________________________________ Risk Level: ________________________________________________________________

Low (0) ________________________________________________________________ Moderate (1-2) ________________________________________________________________ High (3-5) Source(s) of information____________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

6. Leisure/Recreation Comments

a. Limited organized activities ________________________________________________________________ b. Could make better use of time ________________________________________________________________ c. No personal interests ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________

________________________________________________________________ Risk Level: ________________________________________________________________

Low (0) ________________________________________________________________ Moderate (1) ________________________________________________________________ High (2-3) Source(s) of information____________________________________________ ________________________________________________________________

THE YOUTH LEVEL OF SERVICE/CASE MANAGEMENT INVENTORY ROBERT D. HOGE & D. A. ANDREWS, CARLETON UNIVERSITY

0991 (03/94)

Part I - Assessment of Risk and Needs (Continued) 7. Personality/Behavior

a. Inflated self-esteem ________________________________________________________________ b. Physically aggressive ________________________________________________________________ c. Tantrums ________________________________________________________________ d. Short attention span ________________________________________________________________ e. Poor frustration tolerance ________________________________________________________________ f. Inadequate guilt feelings ________________________________________________________________ g. Verbally aggressive, impudent ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________

________________________________________________________________ Risk Level: Source(s) of information____________________________________________

Low (0) ________________________________________________________________ Moderate (1-4) ________________________________________________________________ High (5-7) ________________________________________________________________

8. Attitudes/Orientation

a. Antisocial/procriminal attitudes ________________________________________________________________ b. Not seeking help ________________________________________________________________ c. Actively rejecting help ________________________________________________________________ d. Defies Authority ________________________________________________________________ e. Callous, little concern for others ________________________________________________________________

Total ________________________________________________________________ Strength ________________________________________________________________

________________________________________________________________ Risk Level: Source(s) of information____________________________________________

Low (0) ________________________________________________________________ Moderate (1-3) ________________________________________________________________ High (4-5) ________________________________________________________________

Part II - Summary of Risk/Need Factors (from pages 1 to 3) Prior and

Current Offenses

Family Education

Peers Substance Abuse

Leisure and Recreation

Personality and

Behavior

Attitudes and

Orientation

Overall Total

of Scores Scores Low Moderate High Overall Total

Low (0-8) High (23-34)

Moderate (9-22) Very High (35-42)

THE YOUTH LEVEL OF SERVICE/CASE MANAGEMENT INVENTORY ROBERT D. HOGE & D. A. ANDREWS, CARLETON UNIVERSITY

0991 (03/94)

Part III - Assessment of Other Needs/Special Considerations 1. Family/Parents

Chronic History of Offenses Financial/Accomodation Problems Abusive Mother Emotional Distress/Psychiatric Uncooperative Parents Significant Family Trauma Drug-Alcohol Abuse Cultural/Ethnic Issues (Specify)_________________________ Marital Conflict Abusive Father Other ____________________________

Comments 2. Youth

Health Problems Peers Outside Age Range Third Party Threat Physical Disability Depressed History of Sexual/Physical Assault Low Intelligence/Developmental Delay Low Self Esteem History of Assault on Authority Figures Learning Disability Inappropriate Sexual Activity History of Weapon Use Underachievement Racist/Sexist Attitudes History of Fire Setting Problem Solving Skills Poor Social Skills History of Escapes Victim of Physical/Sexual Abuse Engages in Denial Protection Issues Victim of Neglect Suicide Attempts Adverse Living Conditions Shy/Withdrawn Diagnosis of Psychosis Other ____________________________

Comments (Note any special responsivity considerations including the need for culturally specific services) Part IV - Your Assessment of Juvenile’s General Risk/Need Level

Low Reasons: ____________________________________________________________________________ Moderate ____________________________________________________________________________ High ____________________________________________________________________________ Very High ____________________________________________________________________________

___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Part V - Contact Level Comments (Note placement considerations and court expectations, if applicable) Administrative/Paper ______________________________________________________________________________ ______________________________________________________________________________

THE YOUTH LEVEL OF SERVICE/CASE MANAGEMENT INVENTORY ROBERT D. HOGE & D. A. ANDREWS, CARLETON UNIVERSITY

0991 (03/94)

Minimum Supervision ______________________________________________________________________________ ______________________________________________________________________________ Medium Supervision ______________________________________________________________________________ ______________________________________________________________________________ Maximum Supervision ______________________________________________________________________________ Probation Officer’s Signature/Date Supervisor’s Signature/Date

Part VI - Case Management Plan

Goal One Means of Achievement

Goal Two Means of Achievement

Goal Three Means of Achievement

Goal Four Means of Achievement

Exhibit B

YCAPP Programming Options

1. Education • Full-time or part-time school • Alternative school - smaller class size; all subjects in one classroom/one teacher • Tutoring/mentoring program

2. Employment

• Part-time/seasonal employment • Job searching/employment program • Skills-based programs – business, fashion, entrepreneurship, farming, etc.

3. Life-Skills Counselling

• Individual counselling • Anger Management – anger, its effects and skills to manage stress and anger • Anti-Violence program - violence, its effects and skills to resolve conflict and violent

situations • Anti-Gang program – support youth to leave a criminal network • Victim Awareness program - how victims are affected by crime • Anti-shoplifting program-law on shoplifting, consequences and why people shoplift • Graffiti Eradication program - youth to clean up areas where there is illegal graffiti and

showcase their art in areas that allow graffiti • Boys Group program -for ages 13-17 years to discuss various topics affecting teenaged

boys

4. Recreational Programming • After school and/or weekend programs at local recreation centres • Sports/Music/Arts/Interest-based program

5. Community Service/Volunteer Work

6. Verbal/Written Apology

7. Reflective Essay

8. Individual Assignment/Project – based on youth’s needs, goals and interests

9. Programming with YCAPP – Counsellor and youth agree to parameters