Employee Policy Handbook
Appendices

Appendix 1: Reporting Abuse & Neglect

Protocol for Investigating and Disclosing Suspected Cases of Child Abuse or Neglect
Updated: October 2023


The Child, Youth and Family Services Act, 2017 (“CYFSA”) requires reasonable suspicions of abuse or neglect to be reported to a children’s aid society.

The following principles are directed at all persons who are employees or volunteers at the School:
  1. The CYFSA imposes a duty on any person who, on reasonable grounds, suspects that a child under the age of 16 is or may be in need of protection to immediately report this suspicion and the information upon which the belief is based to a children’s aid society. The person holding such a reasonable suspicion must be the one who makes the direct report and must not rely on any other person to report on their behalf. For children who are 16 or 17 years of age, such reasonable suspicions may also be reported, but a duty to report does not apply.
  2. The obligation to report a reasonable suspicion of a child in need of protection is ongoing. A person who has reasonable grounds to suspect one of the circumstances set out in section 125(1) of the CYFSA, must make a further report even if the person has made a previous report with respect to the same child.
  3. A report must be made despite the confidential nature of some of the information which may be communicated, including information contained in the Ontario Student Record. The statute protects a person coming forward with a report of abuse by preventing a lawsuit against that person, unless the person acted maliciously or without reasonable grounds for the suspension.
  4. For all persons subject to the CYFSA, the requirement of reporting must be carried out “immediately”. The timely reporting of abuse serves to protect the child and, in some cases, may prevent the contamination of a child’s evidence.
  5. It is not the duty of a teacher, Head of School or the Headmaster to assess the severity of the abuse – it is mandatory for a teacher, Head of School or the Headmaster to report any and all cases where there are reasonable grounds to suspect that abuse occurred, regardless of whether or not the injury is minimal.
  6. If a person has reasonable grounds to suspect a child is being abused/neglected, has been abused/neglected, is at risk of being abused/neglected, (no matter where the abuse/neglect occurred or will occur), or is exposed to family violence, the person must report their suspicions to a children’s aid society immediately, as well as all of the necessary details about the student and their family that would enable the children’s aid society to investigate. The person must provide their own name and contact information.
  7. It is recognized that some children will disclose directly that they are being neglected, hurt or abused while others will disclose such information only indirectly by actions, behaviour or through a third party.
 

List of 6 items.

  • Privacy, Confidentiality and Secrecy

    1. A person who suspects or has received disclosure that a child is being abused or neglected has a duty to report this information to the applicable children’s aid society immediately and cannot promise the student that they will keep information about the abuse/neglect a secret. Children should be informed that this information is required to be disclosed to the Social Worker, Executive Director of Crescent Student Services (CSS) and the Head of School and to the police (if required) and/or children’s aid society. The Executive Director CSS will inform the Headmaster if necessary.
    2. Where abuse/neglect is known or suspected, or a report of such is made, the student shall not be identified to other staff or students except to the extent required by the School to carry out an investigation, or as otherwise required by law.
    3. The law prevents the public identification of a victim of a sexual offence or a victim of any child abuse/neglect.
    4. The law also prohibits revealing the identity of an offender under the age of 18 or an offender of any age where the act of identification may tend to identify the victim(s).
  • What to Do When Reporting Abuse/Neglect

    Inform the Social Worker, Executive Director of CSS, Head of School or designate as soon as reasonably practicable.

    A person who suspects or has received disclosure that a child is being abused or neglected must immediately (i.e. within the same day) inform the Social Worker, Executive Director of CSS, or Head of School or designate and report the suspicion or disclosure to the appropriate children’s aid society, and as soon as reasonably practicable, to the Social Worker, Executive Director of CSS, Head of School or designate.

    In situations where the person with the duty to report is unable to discharge this duty, the Head of School or designate will make the report in the presence of the person, where possible, who has formed the suspicion or heard the disclosure.

    Once a person has formed the suspicion or heard a disclosure, the Head of School or designate shall not prevent a report to the children’s aid society from being made, nor will there be a sanction or reprisal as a result of such action taken. 

    While the duty to report lies with the person who has formed the suspicion or heard the disclosure, they may request the Head of School’s or designate’s presence while making the report to the Children’s Aid Society.
  • Inform the Children’s Aid Society

    1. When reporting to the appropriate Children’s Aid Society, a person who suspects or has received disclosure that a child is being abused or neglected must provide the required information;
    2. If advised by the children’s aid society worker that the suspicion and/or disclosure(s) do not warrant an investigation, a person who suspects or has received disclosure that a child is being abused or neglected must ensure that they record the worker’s name, the date, and time of the consultation.
    3. A person who suspects or has a reasonable suspicion or who has received disclosure that a child is being abused or neglected has an ongoing duty to report any future suspicions or disclosures of this nature, even if a previous report of such has been made to the Children’s Aid Society.
  • Responsibilities of the Headmaster and Heads of School

    1. The Headmaster will ensure all School employees are trained in the requirements under the CYFSA, and report any suspicions in accordance with that Act. The Headmaster and/or Head of School will support any school employee in making such a report.
    2. The duty to report lies with the person who has formed the suspicion. Where the reporter is not the Head of School, the Head of School shall ensure that the reporter is aware of and complies with the Responsibilities of a Person Reporting set out below.
    3. The Head of School must ensure that the Children’s Aid Society is aware of the timelines (such as when the child is expected at home) so its response can be prioritized accordingly. The Children’s Aid Society also requires time to make arrangements for an investigation. This is an especially important factor when dealing with kindergarten children attending half-day programs. The Head of the School will ensure that the children’s aid society receives cooperation and support from the School and staff in any investigation, while taking reasonable measures to ensure the privacy of students.
  • Responsibilities of the Person Reporting

    1. As the safety and protection of the student is the School’s paramount concern, the reporter should inform the Children’s Aid Society regarding the child or their family circumstances which may help in the investigation. In addition, the reporter should ask the following questions:
      • How and when should the parents be contacted?
      • Will the child be interviewed?
      • Do the investigators plan to come to the school or home? When? Will they be investigating or only consulting?
      • May the child go home at lunch or after school if the interview has not yet taken place? If the child is scheduled for child care, can the child be released to the child care? What information can be shared with the child care?
      • If no interview has taken place does the children’s aid society have instructions for supervision of the child?
      • What should the Head of School do if the parent arrives at the school?
      • What information can be shared with the child and their parent(s) if the interview has not yet taken place?
    2. After reporting, the reporter should take the following steps:
      • Have a trusted person (most likely the person to whom the child disclosed) stay with the child until the police/children’s aid society team arrives at the school (recognizing that the child requires support during this period).
      • If the child indicates that they want support during the interview, the police/children’s aid society should be advised and permission sought. The support person should be a person of the child’s choosing.
    3. Documenting the Incident - Documentation of suspected abuse/neglect cases should be carefully prepared and maintained. The “CAS Record of Phone Call” form in the Green room can be found in the CSS section under the Staff Information icon. The individual preparing such documentation must:
      • record all relevant information as soon as possible, including dates, times and persons spoken with;
      • provide a description of the situation and what was actually seen and heard that is clear and concise;
      • avoid interpretations of medical, physical or emotional conditions;
      • be objective and non-judgmental;
      • record, word for word, any conversations between the individual who prepares such document and the child, or
      • any others relevant to the situation; and
      • record what the child or others said, using their own words.
      • The resulting report must:
      • be factual (including dates and times);
      • contain no opinions;
      • be brief and to the point;
      • include information seen or heard by the person making the report;
      • provide a full description of any injury, including size, colour, shape and placement on the body; and
      • include a signature of the person who prepared the report and date the report.
      • Persons preparing a report are required to prepare additional documentation for any further suspicions that may arise.
      • All documented reports of suspected abuse/neglect will be maintained by the School in a secure location, and will be subject to disclosure for the purpose of an investigation by the School, children’s aid society, or as otherwise required by law.
    4. Follow-up with police and Children’s Aid Society
      • If it is not apparent that an investigation has commenced within 24 hours, it is the responsibility of the Head of School or designate to contact the children’s aid society to ascertain the status of the case.
      • It is the responsibility of the Head of School or designate to contact the Children’s Aid Society to ascertain the outcome of any investigation begun pursuant to this procedure.
      • If the Head of School or designate is not satisfied or certain that the child has been protected, then the Head of School or designate will also contact the police or other support authorities.
  • Support for the Student

    The School recognizes that a student who has been abused will need support, and the School will endeavour to assist the student, wherever possible. The School makes reasonable efforts to provide such efforts in a manner that is culturally appropriate for all communities in Ontario, and that supports and appreciates the student’s cultural background, as well as the cultural backgrounds of other students at the School.

    Possible forms of support include:

    • assisting in restoring the self-esteem of the student by involving their teachers and/or the school counsellor;
    • requesting the assistance of a teacher or staff member, acceptable to the student, to lend support to the child at school;
    • referring to private counselling or therapy, if required;
    • providing accommodation or modifying workload expectations to relieve the stress of crisis; and/or
    • advising the family of community resources