2 years ago

152

https://www.oct.ca/resources/advisories/duty-to-report

LEGAL AND DISCIPLINARY IMPLICATIONS
-Under the CYFSA, every person who performs professional or official duties with respect to children, including teachers, early childhood educators and principals, is liable on conviction to a fine of up to $5,000 if they fail to report a suspicion based on information obtained in the course of their professional or official duties. (s. 125(9) , CYFSA)

-Under the Professional Misconduct Regulation of the Ontario College of Teachers Act (OCTA), College members can be found guilty of professional misconduct if they fail to comply with duties under the CYFSA. (s. 1, para. 27)

-Employers who are aware or made aware of a member's failure to make a report under the CYFSA are required to report the failure to act to the College. (s 43.2, OCTA)

-Where a member reports their suspicions of abuse of a child by another member, the reporting member, if subject to the Teaching Profession Act, is required to provide the other member with a copy of the adverse report. A copy need not be provided where the adverse report concerns suspected sexual abuse of a student by the other member. (s.18.(1)(b) and (c) under the regulation)

ADVICE TO MEMBERS
Your duty to report is immediate. If you have reasonable grounds to suspect that a child is in need of protection, report your suspicion, and the information on which it is based, immediately to your local children's aid society.

Your duty to report is direct. You cannot rely on anyone else to report on your behalf, nor can you delegate your legal duty. A supervisor cannot instruct you to do otherwise.

Your duty to report is ongoing. Even if you have reported previously, you must make a further report to a children’s aid society if you suspect the child still requires protection.

Your duty to report overrides concerns about confidentiality. You are still legally obliged to report if a student tells you something “in confidence.”

https://www.cybertip.ca/en/child-sexual-abuse/duty-to-report/

"Reporting is simply telling what you know to the appropriate authorities — you are not required to prove anything. Reporting is essential to protecting a child, as it provides professionals with the information they need to be able to look into the matter, and take steps to ensure the child’s safety."

"Failing to report when you have a legal duty to do so may result in penalties such as a fine, imprisonment or loss of employment – the precise penalties also vary by province or territory."

CHILDREN ARE VULNERABLE AND WE ALL HAVE A MORAL DUTY TO PROTECT THEM

If you are concerned that a child is being abused or is at risk of harm, share your concerns with a child protection authority or police in your area. Sharing the information you have is important. It will be up to the entity that receives the report to determine what action is appropriate in the circumstances. Children depend on the action of adults to protect them. If you have concerns about a child, tell someone, report it.

A REPORTING PERSON IS PROTECTED AGAINST LEGAL ACTION IF THEIR REPORT IS MADE IN GOOD FAITH
Child protection legislation in various provinces/territories states that a person who reasonably believes the information reported and who reports in good faith cannot be sued1. However, if a person:

-Knowingly reported false information; OR
-Reported maliciously; OR
-Makes the report in bad faith; OR
-A combination of the reasons above

https://www.alberta.ca/what-is-child-abuse-neglect-and-sexual-exploitation.aspx

Sexual abuse
Sexual abuse happens when a parent or guardian exposes their child or youth to inappropriate sexual contact, activity or behaviour. This may include:
non-touching activities such as:
having inappropriately sexual phone calls or conversations
making the child watch someone expose themselves
showing them pornographic material

https://teacherregulation.gov.bc.ca/ProfessionalConduct/DisciplineOutcomes.aspx

https://protectchildren.ca/en/resources-research/child-sexual-abuse-by-school-personnel-in-canada-report/

https://protectchildren.ca/en/resources-research/school-report/

Loading 1 comment...