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Difference between revisions of "Reporting Suspected Child Abuse"
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Reporting Suspected Child Abuse (view source)
Revision as of 23:14, 3 March 2015
, 23:14, 3 March 2015no edit summary
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{{Dial-A-Law TOC|expanded = family}} | {{Dial-A-Law TOC|expanded = family}} | ||
==The protection of children is considered one of society’s greatest obligations== | ==The protection of children is considered one of society’s greatest obligations== | ||
In addition to the normal rules of criminal and civil law that apply to everyone, there’s also specific provincial legislation called the ''Child, Family and Community Service Act'', which is intended to protect children from sexual and physical abuse and neglect. The Act defines a “child” as any person under 19. | In addition to the normal rules of criminal and civil law that apply to everyone, there’s also specific provincial legislation called the ''Child, Family and Community Service Act'', which is intended to protect children from sexual and physical abuse and from neglect. The Act defines a “child” as any person under 19 years of age. | ||
==How is abuse and the neglect of children defined?== | ==How is abuse and the neglect of children defined?== | ||
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==You must report suspected child abuse or neglect== | ==You must report suspected child abuse or neglect== | ||
If you have reason to believe that a child has been or is likely to be abused or neglected or is in need of protection, section 14 of the ''Child, Family and Community Service Act'' requires you to report your concerns to the Ministry of Children and Family Development. “Reason to believe” means that you suspect that a child could be at risk, based on what you have seen or information you have. You | If you have reason to believe that a child has been or is likely to be abused or neglected or is in need of protection, section 14 of the ''Child, Family and Community Service Act'' requires you to report your concerns to the Ministry of Children and Family Development. “Reason to believe” means that you suspect that a child could be at risk, based on what you have seen or information you have. You do not need proof. Just report what you know. | ||
It | It does not matter if you think someone else is reporting the situation or if a child welfare worker is already involved with the child – you must still make a report. It also does not matter if the suspected abuser is your neighbour, patient or family member, a member of your church, temple, mosque or synagogue, your manager or employer, or someone else altogether. Your duty to report your suspicions takes priority over any confidentiality or privilege that might apply to your relationship with the suspected abuser. | ||
It is | It is a provincial offence not to report suspicions of abuse or neglect. The only exception is for a lawyer who may have concerns that involve his or her client. | ||
==You | ==You will not be sued or prosecuted for reporting your suspicions== | ||
The ''Child, Family and Community Service Act'' protects you from being sued or prosecuted for reporting a suspected abuser. This assumes, of course, that you are acting in good faith and believe your concerns are true when you make your report. | The ''Child, Family and Community Service Act'' protects you from being sued or prosecuted for reporting a suspected abuser. This assumes, of course, that you are acting in good faith and honestly believe your concerns are true when you make your report. | ||
==How do you make a report?== | ==How do you make a report?== | ||
You may make a report by calling either of the following: | You may make a report by calling either of the following: | ||
*A Ministry of Children and Family Development office in your area. The Ministry’s offices are listed in the provincial government blue pages of the phone book. | *A Ministry of Children and Family Development office in your area. The Ministry’s offices are listed in the provincial government blue pages of the phone book. The Ministry’s offices are also listed on their website at [http://www.mcf.gov.bc.ca/sda/contacts.htm www.mcf.gov.bc.ca/sda/contacts.htm]. | ||
*The 24-hour toll free Children’s Help Line for reporting suspected abuse. Dial 310.1234 anywhere in BC. You | *The 24-hour toll free Children’s Help Line for reporting suspected abuse. Dial 310.1234 anywhere in BC. You do not need to dial an area code. | ||
==If a child is in immediate danger, call the police== | ==If a child is in immediate danger, call the police== | ||
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The report that you make to the Ministry will be taken by a social worker. The social worker will want as much information as possible from you, including the name and address of the child, the parents, anyone else involved, and the reasons why you think that the child has been or will be abused or neglected. | The report that you make to the Ministry will be taken by a social worker. The social worker will want as much information as possible from you, including the name and address of the child, the parents, anyone else involved, and the reasons why you think that the child has been or will be abused or neglected. | ||
==You | ==You do not have to give your name when you make a report== | ||
But | But it is helpful for the social worker to have your name. Unless a criminal court hearing results from criminal charges being laid by police and you’re needed as a witness, your name will remain confidential. However, even if your name isn’t released, your identity may become known as a result of the details of the information you provide. | ||
==The social worker will look into the matter== | ==The social worker will look into the matter== | ||
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==What about criminal charges?== | ==What about criminal charges?== | ||
If the police determine that a criminal offence has been committed, they may decide to lay criminal charges against the abuser that will result in criminal court hearings. The prosecutor works with the police and the Ministry in alleged child abuse cases to make the court experience less upsetting for a child. | If the police determine that a criminal offence has been committed, they may decide to lay criminal charges against the abuser that will result in criminal court hearings. The prosecutor works with the police and the Ministry in alleged child abuse cases to make the court experience less upsetting for a child. | ||
==What if there is a family law court proceeding?== | |||
Under the provincial ''Family Law Act'', family violence, which includes child abuse, is a factor the court must consider when making decisions about children. The court must also consider whether the child was directly or indirectly exposed to other family violence in the home. | |||
The presence of family violence may result in the suspected abuser have limited or no time with a child, or having time with the child on conditions such as supervision. It is also possible to ask the court for a “protection order” to protect the well-being of the child and limit the child’s time with or exposure to the suspected abuser. Anyone can apply for a protection order on behalf of someone he or she believes is at risk of family violence. | |||
==Is there help for victims of child abuse?== | ==Is there help for victims of child abuse?== | ||
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[updated March | [updated March 2015] | ||