- The Child, Youth and Family Services Act 2017 is specific about the duty to report a child in need of protection even though the information reported may be confidential or privileged. See below.
- Follow your board’s procedures regarding reporting suspected child abuse and neglect.
- A report can be made to the Children’s Aid Society by telephone or in writing. Keep a record of conversations with the CAS, including the name of the worker, date and time of the call and the decision of whether the matter will be investigated.
Section125 (1), (2), (3), (4), (10)
(1) Duty to report child in need of protection (1) Despite the provisions of any other Act, if a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall immediately report the suspicion and the information on which it is based to a society: [There follows here a list of 13 reasons to report to a society.]
Ongoing duty to report
A person who has additional reasonable grounds to suspect one of the matters set out in subsection (1) shall make a further report under subsection (1) even if the person has made previous reports with respect to the same child.
Person must report directly
(3) A person who has a duty to report a matter under subsection (1) or (2) shall make the report directly to the society and shall not rely on any other person to report on the person’s behalf.
Duty to report does not apply to older childre, but.....
(4) Subsections (1) and (2) do not apply in respect of a child who is 16 or 17, but a person may make a report under subsection (1) or (2) in respect of a child who is 16 or 17 if either a circumstance or condition described in paragraphs 1 to 11 of subsection (1) or a prescribed circumstance or condition exists.
Section overrides privilege
(10) This section applies although the information reported may be confidential or privileged, and no action for making the report shall be instituted against a person who acts in accordance with this section unless the person acts maliciously or without reasonable grounds for the suspicion.
The complete text of this Act is available at www.e-laws.gov.on.ca.
See also chapter on Protecting Our Students regarding reporting suspected child abuse and neglect.
To Shred or Not to Shred? That is the Question
It’s difficult to generalize about what to shred or not to shred.
If you are disposing of confidential information, shred it – do not put it in the recycle basket.
If you have items in a student record that are no longer conducive to the improvement of instruction, shred them, provided they do not need to be retained according to OSR Guidelines.
The IPRC process generates many documents and copies; shred copies of reports and documents once the originals have been filed in the OSR.
If you have items in personnel files that are no longer required, shred them. Check your board’s HR policies and procedures for guidelines concerning the retention of employee records.
Handwritten notes that have been transferred to electronic or hard copy can be shredded.
If you are in doubt, ask your superintendent of schools or other district school board staff.
Further Reading
Stokes Verworen, B. (1999). An Educator’s Guide to Freedom of Information Aurora Professional Press, a division of Canada Law Book Inc. (www.canadalawbook.ca)
Make Decisions Wisely
Don’t be afraid to say “I don’t know.”
Don’t always feel that you have to have an answer on the spot. Especially in tight situations that are sensitive or political, buy yourself time. Say to the parent/individual “Let me look into that and gather the necessary information. I’ll get back to you.”