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 is 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.)

How to Report Suspicions of Child Abuse

Anyone who suspects that a child has been abused or is at risk for abuse, has legal and moral responsibilities. Agencies and programs that provide services to children and their families also have roles and responsibilities with respect to child abuse and family violence. Below is a summary of steps to follow when reporting, as well as how a Children’s Aid Society may be involved. 

Requirements of the Person Who Suspects Abuse
-  Anyone who suspects child abuse must immediately report the suspicions to a Children’s Aid Society. The person who suspects the abuse must call him/herself – no one else can help you decide if a report should be made or make the report for you.   In Ontario, the report can be made to a Catholic Children’s Aid Society, Jewish Family and Child Service, a Children’s Aid Society, or in some areas Native Child and Family Services.  Information on how to reach the nearest Children’s Aid Society can be found in: the emergency numbers page at the front of the white-page telephone book; the alphabetical (business) listing of the white-page telephone book; or by calling the local police department.

-  If you have doubts or concerns about making a report of suspected abuse, consult with a worker from a Children’s Aid Society. Do not discuss your suspicions with anyone else until you have consulted with a child protection worker.   You can call a Children’s Aid Society anytime of the day or night. After regular business hours, you will probably have to leave a message with your phone number. An after-hours protection worker should call you back soon after. If you feel a child is in immediate danger, do not wait to be called back. Phone the police.

-  Leaving a message with a Children’s Aid Society is not enough - you must talk to an intake secretary or worker to make a report.  If this is your first time calling a Children’s Aid Society, tell the worker that you are unfamiliar with the process.   Make sure you write down the name of the person you spoke to at the Children’s Aid Society and anything s/he told you to do.

-  Although anonymous calls can be made, it is more difficult for authorities to follow-up on the case, gather information and protect the child. It is in the best interest of the child that the reporter leave his/her identifying information.

-  If you work with an agency or program, inform your immediate supervisor of your intention to call a Children’s Aid Society. Do not discuss your suspicions with anyone, including your supervisor, until you have consulted with a child protection worker. The supervisor should provide support. However, even if s/he does not want you to make the call, you must follow through on your legal responsibility and call a Children’s Aid Society.

-  Document the indicators of abuse. If you have more information after the first call was made, you must phone the Children’s Aid worker again.

-  Do not tell a parent or caregiver about your suspicions or the report until you have asked a Children’s Aid worker if it would be OK to tell. Telling could ruin the investigation or put the child in danger.