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Youth Justice Act: PSS 252

YOUTH JUSTICE ACT

 

PROGRAMS & STUDENT SERVICES: 200

Youth Justice Act: PSS 252

Adoption Date: October 25, 1999

Revised: January 2005

 

Scope                    

This policy sets guidelines for communication and provision of information to the Superintendent or designate by correctional services about students who are facing charges or being supervised under the Youth Justice Act.

 

Purpose                

To ensure that schools follow a correct and consistent protocol in dealing with “providing information” for all students covered under the Youth Justice Act.

 

Policy Statement

It is the policy of the Cape Breton-Victoria Regional School Board that the Board delegates authority to the Superintendent or designate to communicate with staff of Correctional Services about students who are facing charges or being supervised under the Youth Justice Act.

 

Cross Reference

 

 

Authorization                  

This policy has been authorized by the Board under motions number...

 

Responsibility                

It is the responsibility of the Director of Programs and Student Services to ensure that this policy and administrative procedures are implemented.

 

Implementation              

The Coordinator of School Services will implement the policy and administrative procedures.

 

Procedures                                  

1.         The Superintendent or designate may request relevant information including the following types of information from youth justice personnel regarding a specific student:

1.1        Any offence that lead to concerns about the safety of staff and students in jeopardy.

1.2        Prior records of offence that lead to concerns about staff and student safety.

1.3        Recommendations for reducing the risk of violence and increasing the level of safety.

1.4        Patterns of behaviour that may signal the onset of activity that could affect safety.

1.5        Individuals or groups of persons who may be at risk from the student.

1.6        Identify of other youths who were convicted along with the youth as a result of gang activity.

2.        

2.1      The Superintendent or designate shall provide a copy or summary of all information received to the Coordinator of School Services and/or his/her designate, hereinafter referred to the Youth Justice Act (YJA) Information Officer.

2.2        The right of the young offender to confidentiality must be maintained.

3.        The Superintendent or designate, in consultation with the designated YJA Information Officer, may advise school personnel who are involved with the young offender about circumstances to which they should pay particular attention such as:

3.1        Impressing upon the student the requirement to attend school in order to comply with a probation order or conditional supervision or bail.

3.2        Establishing monitoring procedures.

3.3        Developing a program of studies to assist the student in areas such as socialization and anger management.

3.4        Providing an environment (such as a segregated setting or interaction with staff trained in dealing with violent persons) in which the student could pursue studies.

4.        The designated YJA Information Officer, in consultation with the Superintendent or designate, shall arrange for management of records about young offenders and any such management procedure shall properly address the following:

4.1        Storage / Files

4.1.1     may be kept at the school and at the central office but must be kept separate from other student records; and

4.1.2     shall be kept in a secure location.

4.2        Access shall be:

4.2.1     restricted to those who require access in order to meet the needs of the student; and

4.2.2     limited to those positions within the school system placed on a list affixed to the file.

4.3      Destruction shall occur when:

4.3.1     a staff of Correctional Services notifies the Superintendent or designate in writing (and the Superintendent provides a copy to the designated YJA Information Officer) that no further safety risk exists; or

4.3.2     a staff of Correctional Services advises the Superintendent or designate (and the Superintendent provides a copy to the designated YJA Information Officer) of the expiry of the court order relating to bail, probation, conditional supervision or temporary absence, which led to creation of the record.

4.4        Notification shall be made to the staff of Correctional Services in writing by the Superintendent or designate, with a copy to the designated YJA Information Officer, when the school system's records has been destroyed.

4.5        Transfer of Student:

4.5.1     Within the jurisdiction:

4.5.1.1  The onus is upon the principal of the sending school to transfer all original records held on file regarding the student directly to the principal of the receiving school, and further, to notify Correctional Services of the transfer and the particulars of the receiving school which the student will then be attending.

            4.6      Outside the jurisdiction:

                    4.6.1   The principal of the school from which the student is being transferred shall inform Correctional Services of the transfer and provide information as to the school to which the student is being transferred

4.6.2     In the event that there still remains an active court order, probation or otherwise, the principal of the school the student is leaving will transfer original file information to receiving school.

5.        The Principal, upon request, in writing, from staff of Correctional Services to provide information for a report ordered by a youth court judge, shall arrange for the release of information from the student record after first receiving the following information from the staff of Correctional Services:

5.1        Name.

5.2        Age.

5.3        The nature of the report to be provided and the section of the Youth Justice  Act under which such a report is authorized.         

5.4        Timeliness with respect to providing information.

5.5        Specific description of the type of information required such as:

5.5.1     attendance of the student;

5.5.2     the program of courses in which the student is enrolled;

5.5.3     the performance of the student;

5.5.4   nature of incidents giving rise to discipline and type of discipline imposed; and,

5.5.5     number of years for which the information is required (for the current school year or the student's entire career in the school).  Before any information is released the Principal must obtain the consent of the parent or guardian (or the student or the parent or guardian if the student is 16 years of age or older) or be required to produce said information pursuant to a court order or subpoena.

6.        The designated YJA Information Officer, in consultation with the Principal, is authorized to request the Attorney General, an agent of the Attorney General, a peace officer, or a provincial young offenders director, to apply on behalf of the School Board to a youth court to:

6.1        Obtain information when the Principal or designate believes that a student poses a risk to the safety of school personnel; or,

6.2        Disclose court-ordered psychological assessments; or,

6.3        Disclose information that will assist school personnel in providing an education program for the student and creating an appropriate environment for that program.

7.        The designated YJA Information Officer, in consultation with the Superintendent and the Principal, is the delegated authority to act on behalf of the School Board with staff of Correctional Services supervisory personnel whenever a resolution cannot be reached between a school employee and a youth court worker.

 

Associated Forms                                 

 

 

Policy Review                

This policy will be reviewed by Director of Programs and Student Services within three years from the authorization date.

 

Distribution                             

Board Members

All Policy Manual Holders


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