Each province and territory in Canada has its own legislation with respect to child abuse and “a child in need of protection” or “child whose security or development is in danger,” although they all address neglect, physical, sexual and emotional abuse, and the death of a parent. Each province and territory addresses:
- the age of a child who is entitled to protection under the law;
- the duty to report;
- confidentiality; and
- failing to report.
It is imperative that all individuals who provide services to children and families be familiar with their current provincial/territorial legislation with respect to their protection; this means keeping up-to-date on any relevant legislative changes.
It is also advisable to consult with a child protection worker before informing a parent/caregiver that you are consulting or reporting to a child protection agency, or that you have already done so. To do so could jeopardize the child and/or investigation proceddings.
- Child protection and safety are central to the role of a child protection agency
- It is the job of a child protection worker to investigate the allegation of child abuse in order to determine if it can be verified, and the extent to which protection is necessary for that child.
- Reporting to a child protection agency may also result in the investigation and/or protection of other children who may have been abused or are at risk for abuse by an alleged offender (e.g., a babysitter who looks after children from several families)
- It is best to avoid speaking with anyone else about the details of the suspicions until speaking with a child protection worker.
- In situations where there are concerns or doubts as to whether or not the indicators support suspicions of child abuse and reporting requirements, it is best not to ask anyone else to help you decide if the call should be made, but rather consult with a worker from the local child protection agency.
- The police investigate allegations of child abuse to determine if a criminal offence has occurred.
- Police are responsible for the criminal investigation, identification of the alleged offender, and the arrest and laying of criminal charges where there is evidence to do so.
- At some point, the police may no longer be involved if there are no grounds for continuing a criminal investigation. The child protection agency may continue to be involved if there are protection issues.
The Criminal Code of Canada sets out offences relating to neglect and physical abuse of children (e.g., abandonment, assault), sexual abuse (e.g., invitation to sexual touching, sexual exploitation), child pornography, and the age of consent regarding sexual acts.