The Child and Family Services Act
Responsibility to report a child in need of protection
Any person who has reasonable grounds to suspect that a child is or may be in need of protection must promptly report the suspicion and the information upon which it is based to a Children's Aid Society. The following is an excerpt from the Child and Family Services Act regarding the reporting of abuse and neglect. For the complete Act please see:
Child and Family Services Act, R.S.O. 1990, c. C.11
Situations that must be reported CFSA s.72(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 forthwith report the suspicion and the information on which it is based to the Children's Aid Society:
- The child had suffered physical harm inflicted by the person having charge of the child or caused by or resulting from that person's,
- Failure to adequately care for, provide for, supervise or protect the child, or
- Pattern of neglect in caring for, providing for, supervising or protecting the child.
- There is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person's,
- Failure to adequately care for, provide for, supervise or protect the child, or
- Pattern of neglect in caring for, providing for, supervising or protecting the child.
- The child has been sexually molested or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child.
- There is a risk that the child is likely to be sexually molested or sexually exploited as described in paragraph 3.
- The child requires medical treatment to cure, prevent or alleviate physical harm or suffering and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, the treatment.
- The child has suffered emotional harm, demonstrated by serious,
- anxiety
- depression
- withdrawal
- self-destructive or agressive behavior
- delayed development
- The child has suffered emotional harm of the kind described in subparagraph a), b), c) d) or e) of paragraph 6 and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm.
- There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph a) b), c), d) or e) of paragraph 6 resulting from the actions, failure to act or pattern of neglect on the part of the child's parent or the person having charge of the child.
- There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph a) b), c), d) or e) of paragraph 6 and that the child's parent or the person having charge of the child does not provide or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm.
- The child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child's development and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition.
- The child has been abandoned, the child's parent has died or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the child's care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child's care and custody.
- The child is less than 12 years old and has killed or seriously injured another person or caused serious damage to another person's property, services or treatment are necessary to prevent a recurrence and the child's parent or the person having charge of the child does not provide or refuses or is unavailable or unable to consent to, those services or treatment.
- The child is less than 12 years old and has on more than one occasion injured another person or caused loss or damage to another person's property, with the encouragement of the person having charge of the child or because of that person's failure or inability to supervise the child adequately.
Ongoing Duty to report CFSA s. 72(2)
The duty to report is an ongoing obligation. If a person has made a previous report about a child, and has additional reasonable grounds to suspect that a child is or may be in need of protection, that person must make a further report to a Children's Aid Society.
Persons must report directly CFSA s.72(3)
The person who has the reasonable grounds to suspect that a child is or may be in need of protection must make the report directly to a Children's Aid Society. The person must not rely on anyone else to report on his or her behalf.
What are "reasonable grounds to suspect"?
You do not need to be sure that a child is or may be in need of protection to make a report to a Children's Aid Society. "Reasonable grounds" are what an average person given his or her training, background and experience, exercising normal and honest judgment, would suspect.
Special responsibilities of professionals and officials, and penalty for failure to report CFSA s. 72(4), (6.2)
Professional persons and officials have the same duty as any member of the public to report a suspicion that a child is in need of protection. The Act recognizes, however, that persons working closely with children have a special awareness of the signs of child abuse and neglect, and a particular responsibility to report their suspicions, and so makes it an offence to fail to report. Any professional or official who fails to report a suspicion that a child is or may be in need of protection, where the information on which that suspicion is based was obtained in the course of his or her professional or official duties, is liable on conviction to a fine of up to $1,000.
Professionals affected CFSA s.72(5)
Persons who perform professional or official duties with respect to children include the following: Health care professionals, including physicians, nurses, dentists, pharmacists and psychologists.
- Teachers, and school principals;
- Social workers and family counselors;
- Priests, rabbis and other members of the clergy;
- Operators or employees of day nurseries;
- Youth and recreation workers not volunteers;
- Peace officers and coroners;
- Solicitors;
- Service providers and employees of service providers; and
- Any other person who performs professional or official duties with respect to a child.
The professionals listed are examples only and this is not an all-inclusive list. If your work involves children but is not listed above, you may still be considered to be a professional for purposes of the duty to report. If you are not sure whether you may be considered to be a professional for purposes of the duty to report, you should contact your local Children's Aid Society, professional association or regulatory body.
Professional confidentiality CFSA s., 72(7),(8)
The professional's duty to report overrides the provisions of any other provincial statute, specifically, those provisions that would otherwise prohibit disclosure by the professional or official. Thereby, the professional must report that a child is or may be in need of protection even when the information is supposed to be confidential or privileged. (The only exception for "privileged" information is in the relationship between a solicitor and a client.)
Protection from liability CFSA s.72(7)
If a civil action is brought against a person who made a report, that person will be protected unless he or she acted maliciously or without reasonable grounds for his or her suspicion.
Do I have to give my name if I make a report?
No, you do not. However, if you identify yourself you will help the investigating workers if they need more details or information. When you make a report your identity is confidential and can only be shared with your permission, or by a court order or subpoena.
What will the Children's Aid Society do?
Children's Aid Society workers have the responsibility and the authority to investigate allegations and to provide services to protect children. A Children's Aid Society worker may, as part of the investigation and plan to protect the child, involve the police and other community agencies.
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