Reporting Abuse or Neglect

Everyone shares the responsibility of ensuring children are safe from any form of maltreatment. The risk of harm to a child may be from actions by their parent or caregiver (abuse) but also as a result of inaction by the person having care of the child (neglect). The Child and Family Services Act re-enforces that it is every person's legal responsibility to report suspected child abuse to a Children's Aid Society.

Who calls the Children's Aid Society?

• Professionals, citizens and family members call CAS when they suspect child abuse or neglect
• Families call CAS when they have difficulties managing their children
• Children call CAS when they are encountering difficulties or problems at home or are being abused or neglected

Confidentiality

Persons reporting their concerns to the CAS have the right to request that their identity not be disclosed. Confidentiality does not apply if it is felt that failure to disclose information may result in harm to a child.

Persons making a report to the CAS regarding possible child maltreatment will also be asked about any information concerning known domestic violence in the home.

Age of Children to Whom the Duty to Report Applies

The duty to report applies to any child who is, or appears to be, under the age of sixteen (16) years. It also applies to children who are 16 and 17 years of age and subject to a child protection order under the CFSA. [CFSA s.37(1)]

Reasonable Grounds

The Act states that you must have "reasonable grounds" to suspect child abuse or neglect. This means that you do not need to be certain a child is or may be in need of protection but what an average person, when exercising normal and honest judgment, would suspect.

Direct reports to a Children's Aid Society

The person having the information about suspected child abuse or neglect must be the one to contact the Children's Aid Society. You cannot rely on anyone else to report on your behalf. [CFSA s. 72(3)]

Ongoing Duty to Report

A person's duty to report reasonable grounds to suspect child maltreatment is an ongoing obligation. If a person has made a previous report, they must make a further report if there are additional reasons to suspect a child may be in need of protection. [CFSA s. 72(2)]

Protection from Liability

A person, including a professional person, is protected from civil liability whenever they make a report unless the person acted maliciously or without reasonable grounds. [CFSA s 72 (7)]