Administrative Procedure 321

YOUTH CRIMINAL JUSTICE ACT (CANADA) PROTOCOL Background The district is committed to assisting the rehabilitation of students who have youth criminal justice status, through cooperative and collaborative action among the various service agencies (Calgary and Area Child and Family Services Authority (CFSA) of Alberta, Calgary Police Services, the RCMP and Alberta Justice). In order to ensure the safety and security of all students and staff, regarding students who have youth criminal justice status, the district has developed a protocol within this administrative procedure for sharing of information between official agency personnel having statutory responsibility and relevant district staff. Procedures 1. The Instructional Services superintendent or designate is responsible for communicating with youth justice personnel about students who have been charged or sentenced under the Youth Criminal Justice Act (Canada). 2. Communication​: 2.1.

2.2.

2.3.

The Instructional Services superintendent or designate may seek relevant information from youth justice personnel about a specific student regarding the following types of information: 2.1.1

Any offences or prior record of offences that may lead to concerns about the safety of students and staff;

2.1.2

Recommendations for reducing the risk of violence and increasing the level of safety;

2.1.3

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

2.1.4

Individuals or groups of persons who may be at risk from the student, and;

2.1.5

Identification of the youth offender associates who have also been convicted.

In determining the persons to whom to release information, the Instructional Services superintendent or designate​ ​may disclose information only on a "need to know basis" to those staff who may have to provide for the safety of students and staff, and shall bear in mind that: 2.2.1

Inappropriate disclosure could result in a fine or imprisonment, and;

2.2.2

The right of the student to confidentiality must be maintained.

The Instructional Services superintendent or designate may advise appropriate school staff, with or without the assistance of other agencies, about special circumstances such as:

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2.3.1

To impress upon the student the requirement to attend school in order to comply with a probation order, conditional supervision or bail requirement;

2.3.2

To collaboratively develop an appropriate educational program, and/or;

2.3.3

To establish monitoring procedures.

3. Management of records: The Instructional Services superintendent or designate shall arrange for the management of youth offender records in order to properly address the following: 3.1

3.2

Files on youth offenders: 3.1.1

Are to be kept in a secure location separate from other student records at school or another appropriate location;

3.1.2

Access of files shall be restricted to those district or school staff who have the responsibility of providing for the educational needs of the student.

Destruction of files shall occur when: 3.2.1

A youth worker notifies the Instructional Services superintendent or designate that no further safety risk exists, or;

3.2.2

A youth worker advises the Instructional Services superintendent or designate of the expiry of the court order relating to bail, probation, conditional supervision, temporary absence, or;

3.2.3

The student relocates to another area.

4. Transfer of a student: 4.1

4.2

Within the district 4.1.1

The principal must inform the Instructional Services superintendent or designate if they are aware that a student will be requesting transfer to another school. The Instructional Services superintendent or designate must inform the youth worker of the transfer.​ ​The onus is on the youth worker to advise the principal of the receiving school of the safety concerns, or the court order relative to that student. The Instructional Services superintendent or designate will assist the principal of the incoming school with this transition process.

4.1.2

The principal of the sending school shall ensure destruction of the records of the youth offender.

Outside the district 4.2.1

Should a principal become aware of a student transfer, then the principal must inform the youth worker and Instructional Services superintendent or designate of that transfer.

4.2.2

The onus is on the youth worker to inform Instructional Services personnel of the receiving jurisdiction of safety concerns or the relevant court order.

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4.2.3

The superintendent of the sending school authority shall ensure destruction of the records of the youth offender.

5. Release of​ ​information​: 5.1

Upon request from a youth worker to provide information for a report ordered by a youth court judge, the Instructional Services superintendent or designate shall arrange for the release of information from the student record upon receipt of the following information from the youth worker: 5.1.1

Name;

5.1.2

Age;

5.1.3

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

5.1.4

Timelines with respect to providing this information;

5.1.5

Specific description of the type of information required such as: 5.1.5.1

The attendance of the student;

5.1.5.2

The program or courses in which the student is enrolled;

5.1.5.3

The academic progress of the student;

5.1.5.4

The nature of incidents giving rise to discipline as well as the type of discipline imposed;

5.1.5.5

The number of years for which the information is required (i.e., for the current school year or the student's entire career in school).

5.2

Unless by order or subpoena, before any information is released, the superintendent of Instructional Services or designate must obtain the written consent of the parent/legal guardian, or the student if the student is 16 years of age or older.

5.3

The superintendent of Instructional Services or designate may request the attorney general, a peace officer, a provincial youth criminal justice director, or an agent of the attorney general to apply to a youth court relative to: 5.3.1

Disclosing information to the​ ​Instructional Services superintendent when they believe that a student poses a risk to the safety of school staff;

5.3.2

Disclosing court-ordered psychological assessments;

5.3.3

Disclosing information that will assist school staff in providing an educational program for the student as well as creating an appropriate environment for that program.

6. Student placements: 6.1

The superintendent of Instructional Services or designate may consider alternative non-school based placements for students considered to pose undue risk to themselves or others through their enrolment in a regular school setting. The Instructional Services superintendent or designate​ ​is the delegated authority acting

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on behalf of the district liaising with youth worker supervisory personnel whenever a resolution cannot be reached between a district employee and a youth court worker. 6.2

The superintendent of Instructional Services or designate may direct students to placements that may include: 6.2.1

Home Education;

6.2.2

Blended Programming;

6.2.3

On-line Learning;

6.2.4

Outreach programming;

6.2.5

Specialized programming;

6.2.6

Specialized settings such as Woods Homes, Hull Homes, Alberta Health Services programs, etc.

7. Processes: 7.1​ ​The following processes are intended to provide direction for staff in dealing with students with youth criminal justice act status. 7.1.1​

​A

designated Instructional Services behavior consultant coordinates with the Calgary Young Offender Centre (CYOC) for the collection and dissemination of youth offender information and in conjunction with the area Instructional Services supervisor and area superintendent/director, will determine best school placement.

7.1.2​

​The area Instructional Services supervisor and/or appropriate school staff will collaboratively work with relevant agencies to facilitate placement regarding some students with youth criminal justice act status.

7.1.3​

​Any

concerns with information contained in correspondence from a youth worker or probation officer should be directed to the Instructional Services superintendent and behavior consultant.

7.2​ ​Upon receipt of confidential young offender information, the principal and/or area Instructional Services supervisor shall verify that the student is a resident of the district and the principal shall be responsible for the use and security of this information. 7.3​ ​In determining the person(s) to whom the information is to be released, the principal shall bear in mind that: 7.3.1​

​Inappropriate

7.3.2​

​The

7.3.3​

​Information

disclosure could result in a fine or imprisonment;

right of the youth offender to confidentiality must be maintained.

must be stored in a file separate from all other student records in a secure location.

7.4​ T ​ his Youth Criminal Justice Act access information shall be restricted to those:

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7.4.1​

​who

require access to meet the educational needs of the student, or

7.4.2​

​who

are responsible for ensuring the safety of students and staff.

7.5​ ​Should the student with youth criminal justice act status require a transfer to another school either in or outside the district, only the youth worker/probation officer shall provide relevant youth criminal justice act information to the receiving principal. 7.5.1​

​The sending principal is responsible for providing only regular student data from the student record as is the case for any student transfer.

7.6 Destruction of the Youth Criminal Justice Act records shall occur only after prior consultation with the appropriate youth worker/probation officer when: 7.6.1​ t​ he youth worker/probation officer advises the principal of the expiry of the court order, 7.6.2​ ​a student transfers and the youth worker/probation officer has informed the previous principal of the student move. 7.6.3​ ​When notification has been received from the youth worker/probation officer, the principal shall ensure that the file (e.g., print, electronic) is destroyed. 7.6.4​ I​ f the court order date expires with no contact from the youth worker/probation officer, the principal shall contact the youth worker/probation officer to confirm status of the file and then act appropriately.

Approval Date:

December 13, 2016

Reference:

School Act, Section 3, 6, 8, 9, 10, 12, 13, 14, 15, 18, 20, 23, 29, 44, 45, 47, 60, 61, 113 Student Record Regulation 225/2006 Youth Criminal Justice Act, Section 125, 127, 128, 129 Information Sharing Protocol, Young Persons with Status under the Youth Criminal Justice Act School Administrators’ Handbook ​http://intranet/default.asp?V_ITEM_ID=681

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