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Difference between revisions of "Reporting Suspected Child Abuse"

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|align="left"|'''Alert!'''
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021.
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021.  
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'''Physical abuse''' means any action or physical force by a parent or adult that could or does hurt a child. It includes:
'''Physical abuse''' means any action or physical force by a parent or adult that could or does hurt a child. It includes:
* hitting, slapping, pushing, shaking, and choking
* hitting, slapping, pushing, shaking, and choking
* locking a child in a room or out of the house  
* locking a child in a room or out of the house  
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{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec14_smooth The law] protects you from being sued or prosecuted for reporting a suspected abuser. But your concerns must be genuine. The law ''does not'' protect you if you '''knowingly''' report false information, such as saying that someone has abused a child when they haven’t.
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec14_smooth The law] protects you from being sued or prosecuted for reporting a suspected abuser. But your concerns must be genuine. The law does not protect you if you '''knowingly''' report false information, such as saying that someone has abused a child when they haven’t.
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Another option is for the ministry to place the child with a relative or other person who has a significant relationship with them.   
Another option is for the ministry to place the child with a relative or other person who has a significant relationship with them.   


If a child is removed from their home without the parents’ agreement, a court process starts. For details, [[Child Protection and Removal|see our information on child protection and removal]].
If a child is removed from their home without the parents’ agreement, a court process starts. For details, [https://dialalaw.peopleslawschool.ca/child-protection/ see our information on child protection and removal].


===What about criminal charges?===
===What about criminal charges?===
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===What could happen in a family court proceeding?===
===What could happen in a family court proceeding?===
Under the provincial ''Family Law Act'' and the federal ''Divorce Act'', family violence, which includes child abuse, is a factor for the court to consider when making decisions about what’s best for a child. The court must also take into account whether the child was directly or indirectly exposed to other family violence in the home.
Under the provincial ''Family Law Act'' and the federal Divorce Act, family violence, which includes child abuse, is a factor for the court to consider when making decisions about what’s best for a child. The court must also take into account whether the child was directly or indirectly exposed to other family violence in the home.


If there has been violence by a family member, the suspected abuser may:
If there has been violence by a family member, the suspected abuser may:
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* be given time with a child on conditions, such as supervision.  
* be given time with a child on conditions, such as supervision.  


It’s also possible that a court could grant a '''protection order''' against the suspected abuser. This kind of order helps protect the well-being of someone at risk of family violence, including a child. It typically prevents the suspected abuser from contacting the child. The other parent can apply for a protection order on behalf of their child who they believe is at risk of family violence. For more on protection orders, [[Family Violence (No. 155)|see our information on family violence]].
It’s also possible that a court could grant a '''protection order''' against the suspected abuser. This kind of order helps protect the well-being of someone at risk of family violence, including a child. It typically prevents the suspected abuser from contacting the child. The other parent can apply for a protection order on behalf of their child who they believe is at risk of family violence. For more on protection orders, [https://dialalaw.peopleslawschool.ca/family-violence/ see our information on family violence].


==Who can help==
==Who can help==
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===If you are a victim of abuse===
===If you are a victim of abuse===
A child (anyone under 19 years old) who would like to talk to someone about their situation can call the '''Helpline for Children'''. This confidential service operates 24 hours a day.   
A child (anyone under 19 years old) who would like to talk to someone about their situation can call the '''Helpline for Children'''. This confidential service operates 24 hours a day.   
 
:Call 310-1234 (toll-free)
* Call 310-1234 (toll-free)  


A child can also call or text the '''Kids Help Phone''', another confidential service that operates 24/7.  
A child can also call or text the '''Kids Help Phone''', another confidential service that operates 24/7.  
 
:Call 1-800-668-6868 (toll-free)
* Call 1-800-668-6868 (toll-free)
:Text CONNECT to 686868
* Text CONNECT to 686868
:[https://kidshelpphone.ca/ Visit website]
* [https://kidshelpphone.ca/ Visit website]


If you or someone you know has been a victim of child abuse, there may be an organization in your community that can provide help and support. If you don’t know who to contact, call the 24-hour helpline at '''VictimLinkBC'''.
If you or someone you know has been a victim of child abuse, there may be an organization in your community that can provide help and support. If you don’t know who to contact, call the 24-hour helpline at '''VictimLinkBC'''.
 
:Call 1-800-563-0808 (toll-free)
* Call 1-800-563-0808 (toll-free)
:[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc Visit website]
* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc Visit website]


===With more information===
===With more information===
The '''Ministry of Children and Family Development''' has information on their website about keeping kids safe. They also have a booklet [https://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-services/public-safety/protecting-children/child_abuse_prevention_handbook-general_public_booklet.pdf ''Responding to Child Welfare Concerns: Your Role in Knowing When and What to Report''].
The '''Ministry of Children and Family Development''' has information on their website about keeping kids safe. They also have a booklet ''[https://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-services/public-safety/protecting-children/child_abuse_prevention_handbook-general_public_booklet.pdf Responding to Child Welfare Concerns: Your Role in Knowing When and What to Report]''.
 
:[https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/keeping-kids-safe Visit website]  
* [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/keeping-kids-safe Visit website]  


The '''Representative for Children and Youth''' advocates for and supports children and youth. It works to protect their rights and make the child protection system more responsive.  
The '''Representative for Children and Youth''' advocates for and supports children and youth. It works to protect their rights and make the child protection system more responsive.  
 
:Call 1-800-476-3933 (toll-free)
* Call 1-800-476-3933 (toll-free)
:[https://rcybc.ca/ Visit website]
* [https://rcybc.ca/ Visit website]


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