Page 3 - Professional Advisory: Duty to Report

Introduction
Each of us has a responsibility to protect children and youth from harm. As a professional educator working directly with students and supporting others who are, you have a legal and ethical duty to report to a children’s aid society when you have reasonable grounds to suspect that a child is or may be in need of protection.
Ontario’s Child, Youth and Family Services Act (CYFSA) requires those who perform professional or official duties with respect to children to report suspected child abuse where there are reasonable grounds. This requirement applies with respect to children who are under 16. However, if you have reasonable grounds to suspect that a child who is 16 or 17 is in need of protection, a report may be made even though it is not required.
You don’t have to be certain that a child may need protection. Suspicion on reasonable grounds – information that an average person, using normal and honest judgment would need to decide – is reason enough to report. You have to report to a children’s aid society so that they can assess and determine what the child needs.
Do you notice when children and youth have unexplained injuries, they’re not eating, they have
poor hygiene or are falling asleep in class? These may be signs of family problems, abuse or neglect.
Do you know what prompts your duty to report? Do you know to whom you report? Do you know the consequences of not reporting?
This advisory will help to address those questions.
It applies to all Ontario Certified Teachers (OCT) at all times and includes teachers, consultants, vice-principals, principals, supervisory officers, directors of education and those working in non-school-board positions. Each has a different role. All share the responsibility for the protection of children and youth.
What is abuse?
“Abuse occurs when a child is hurt intentionally or when a parent or caregiver does not provide the protection a child needs. Physical and sexual abuse are often the most recognizable, but neglect and emotional abuse can be just as damaging.”
The Ontario Association of Children’s Aid Societies
The CYFSA requires that you report suspicions of physical, sexual and emotional abuse, neglect and risk of harm to a children’s aid society.
PROFESSIONAL ADVISORY: DUTY TO REPORT 1