Summary of Legal Requirements for Reporting Suspicions of Child Abuse
There are laws in Ontario under the Child and Family Services Act which
tell us what must happen when a person suspects that a child may have
been abused or is at risk for abuse. Below is a summary of these
laws.
People working with children are responsible for reporting
suspicions of child abuse, not for proving whether or not child abuse has
occurred. It is the responsibility of a Children’s Aid Society
to investigate, with police where necessary, and decide on the best
plan for the child.
DUTY TO REPORT
- Every person in Ontario, including someone who works with children, must call a Children’s Aid Society immediately to report his/her suspicion that a child may have been abused or is at risk for abuse.
- The person who suspects that a child may have been abused or is at risk for abuse must report to a Children’s Aid Society, and cannot ask anyone else to report for him/her.
- If a person has more suspicions or information about a child, then a Children’s Aid Society must be contacted again, even if other reports have been made before.
HOW OLD IS A CHILD IN ONTARIO?
In Ontario a person is a child from birth until his/her 16th birthday.
PROTECTION FROM LIABILITY
If a person reports suspected child abuse, s/he cannot be sued if it is proven that the report was made in good faith and not to cause trouble for anyone.
FAILURE TO REPORT
If a person who has professional or official duties in their work with children does not report a suspicion of child abuse, then this person can be charged and fined up to $1,000. This shows that a child’s safety is the most important thing.
CONFIDENTIALITY
There are some relationships that are considered confidential, for example between a doctor and patient, or between clergy and members of the congregation. However, a confidence cannot be kept if child abuse is suspected. No matter what the relationship between people, one must always follow through on the duty to report suspicions of child abuse. (The only exception to this is the lawyer-client relationship.)
