Duty to Report

Recognizing Grounds for Protection

1. Physical Harm

Situations involving physical harm include:

• A child has suffered physical harm, or is at risk of suffering physical harm, inflicted by the person having care of the child (including deliberate physical force resulting in pain or injury).
• Physical harm resulting from a caregiver’s neglect or failure to adequately care for, provide for, supervise, or protect the child.
• A situation where a child requires treatment to cure, prevent, or alleviate physical harm or suffering, but the parent or caregiver fails to provide or access that treatment.
• Situations where a child who is incapable of consenting to treatment under the Health Care Consent Act, 1996 (HCCA) refuses, is unavailable, or is unable to consent to necessary treatment.

2. Sexual Harm

Situations involving sexual harm include:

• A child has been sexually abused or exploited, or is at risk of sexual abuse or exploitation, by a caregiver or another individual where the person in charge of the child knows, or should know, of the possibility of abuse and fails to protect the child.

3. Emotional Harm

Situations involving emotional harm include:

• A child has suffered or is at risk of suffering serious emotional harm, demonstrated by severe anxiety, depression, withdrawal, self-destructive or aggressive behaviour, or delayed development, where there are reasonable grounds to believe it results from a parent or caregiver’s actions, failures, or neglect.
• Emotional harm as described above, where the parent or caregiver fails to provide or access necessary treatment or services, or where an incapable child under the HCCA has a parent who refuses, is unavailable, or is unable to consent to treatment.
• A child suffering from a mental, emotional, or developmental condition that, if left unremedied, could seriously impair their development, and the parent or caregiver fails to provide or access treatment.

Key Legal Obligations for SSWs

Who and When to Report

• Age Limit: Under the CYFSA, a child for mandatory reporting purposes is anyone under the age of 16. For 16 or 17 year olds, reporting is optional unless specific regulatory conditions are met.
• Ongoing Obligation: Your duty to report is continuous. If you obtain additional reasonable grounds regarding a child, you must make a new report even if previous reports have already been filed.
• Direct Reporting: Reports must be made immediately to a Children’s Aid Society (CAS) or an Indigenous Child and Family Services (ICFS) Agency. You can locate local agencies via the OACAS Agency Locator.

Understanding Reasonable Grounds

The Ministry of Children, Community and Social Services defines reasonable grounds as information that an average person, using normal and honest judgment, would need in order to decide to report.

The Cost of Non-Compliance

It is illegal not to report. Professionals performing official duties with respect to children who fail to report a reasonable suspicion obtained during their work are guilty of an offence and liable to a fine of up to $5,000.00.

Professional Judgment and Next Steps

If you suspect a report may be necessary but feel unsure, consult with your supervisor or peers. Always exercise professional judgment guided by your Professional and Part-time Learning (PPL) training, Standards of Practice, and relevant legislation. You may also seek independent legal advice if needed.

For more detailed information on child welfare and protection services, visit the official Ministry of Children, Community and Social Services Website.