The Council of the Ontario College of Teachers approved a Professional Advisory entitled "Duty to Report" on June 4, 2015 to remind members that they have a duty to report abuse and/or neglect of children and youth. Click on the following to see a copy of this Advisory: https://www.oct.ca/resources/advisories/duty-to-report.
On June 1, 2017, The Child and Family Services Act was repealed and replaced with a new Act. Highlights of the new Act, entitled The Child, Youth and Family Services Act, 2017 (CYFSA) are summarized here:
http://www.children.gov.on.ca/htdocs/English/professionals/childwelfare/modern-legislation.aspx
Of note to administrators are the following changes included in the CYFSA:
- The maximum fine for failure to report a child in need of protection has been increased to $5,000 from $1,000.
- Although there is no duty to report a 16 or 17 year old who you believe to be a child in need of protection, the legislation now indicates that you “may” make such a report. In addition, the Act includes other provisions, which should strengthen the services and supports for 16 and 17 year olds.
- The word “molested” has been changed to “abused” in the CYFSA.
A person who performs professional or official duties with respect to children, who has reasonable grounds to suspect that a child is or may be in need of protection must immediately report that suspicion and the related information to the Children’s Aid Society (CAS).
The persons in a school charged with such a responsibility include the principal, vice-principal, teacher, educational assistant and any other board employee. It would be prudent to train volunteers in the responsibilities and routines around reporting child abuse should they receive a disclosure from a child.
The duty to report cannot be delegated; in other words, the person with the reasonable grounds must be the person who makes the call. The principal can assist a staff member and be a support, but cannot make the report in the staff member’s place.
In consideration that administrators do face challenging situations with parents when a report is made to the CAS regarding a child being at potential risk of harm or neglect from a parent and/or guardian and the CAS determines that the child is not at risk, a principal or vice-principal may elect to consult with a Supervisory Officer regarding the reason and rationale for prompting the duty to report prior to making the report to the CAS. This practice of consultation may be valuable and beneficial dependent on the specific facts and evidence leading the principal to inquire. However, the principal still holds the accountability of the duty to report. Ultimately, the decision to make a report to the CAS rests upon the Principal as the administrator or the school site, in accordance with the Duties of a Principal under the Education Act and its Regulations.
Even after an initial report has been made, the duty to report is triggered every time there is an additional occurrence of abuse regarding the same child.
The obligation to report exists even if the information is revealed in a confidential situation, i.e. in a counselling session.
The school board and the local child protection services will have established policy, protocols and procedures for reporting and tracking of related information. It is crucial that you are intimately familiar with this policy. The board policy may dictate additional circumstances where the board requires its employees to report to the CAS.
Some boards require a written report with a copy filed in the Ontario Student Record; other boards do not give explicit direction. It is prudent practice in the latter case to maintain a detailed anecdotal record, including the name of the child, the substance of the report, the name of the CAS worker contacted, the date and time of the report and any other relevant information. This anecdotal record will establish that you did execute your duty to report appropriately.
Prior to 2000, when the Child and Family Services Act R.S.O. 1990, was amended to expand the list of scenarios in which a child might be in need of protection, it had been the practice of some principals to contact the CAS for help in determining whether reasonable grounds existed. Occasionally, a “consult” was obtained on a confidential basis, without revealing the name of the principal or the student. This practice has resulted in allegations of a “failure to report” against principals. Anytime a call is made to the CAS, all parties should be identified and the CAS intake person should be advised that a formal report is being made.
An educator who fails to report a suspicion of child abuse to the CAS is guilty of a provincial offence and, if convicted, is liable to a fine of up to $5,000. Principals and teachers also face a complaint of professional misconduct at the Ontario College of Teachers for failure to comply with their duty to report a child in need of protection. Penalties could range from a reprimand to revocation of the certificate of qualification. In addition, a failure to report in accordance with board policy may result is disciplinary action (reprimand, demotion, dismissal) by the district school board.
No legal action may be taken against the person who reports the concerns to the CAS as long as there are reasonable grounds for the suspicion and the person is not acting maliciously in making the report.
The professional duty to report overrides the provisions of any other provincial or federal statute, e.g. Education Act, Young Offender’s Act, Mental Health Act, Criminal Code of Canada, s. 18(1)(b) of the Regulation under the Teaching Profession.