Reporting Child Maltreatment

Child care staff have the same obligation as any member of the public to report a suspicion that a child is in need of protection. However, the law recognizes that professionals who work closely with children, including those in regulated child care settings, have special awareness of the signs of child abuse and neglect. Any professional or official who fails to report a suspicion that a child is or may be in need of protection, where the information was obtained while carrying out their professional duties, may be liable to a fine of up to $1,000.00.

The law also protects child care staff who make a report of a suspicion of a child in need of protection. If a civil action is brought against a child care staff member, the law provides protection from liability unless the staff acted maliciously or without reasonable grounds for their suspicion.

Duty to Report Suspected Abuse

The law imposes a duty to report for everyone, including child care staff, when there are reasonable grounds to suspect one or more of the following with respect to a child:

• Physical Harm

• Sexual Harm

• Emotional Harm

• Abandonment

• Acts of a Criminal Nature

• Child Pornography

• Family Violence

Duty to Report to a Child Protection Agency (CAS)

The law clearly states that a person who has a duty to report must make the report directly to a child protection agency (CAS) and cannot rely on someone else to report on their behalf. Employees cannot rely on co-workers or management to report for them if they suspect abuse. After making the report, employees should debrief with management, as long as management is not implicated in the abuse.

Moreover, employees who have additional reasonable grounds to suspect a child needs protection are required to make another report, even if they have previously reported concerns regarding the same child.

Failure to report may lead to disciplinary actions, as outlined in the organization's Personnel Policy.