Difference between revisions of "Reporting Suspected Child Abuse"

Jump to navigation Jump to search

Reporting Suspected Child Abuse (view source)

Revision as of 23:44, 10 February 2019

179 bytes added ,  23:44, 10 February 2019
no edit summary
Line 2: Line 2:


{{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 law protects children from sexual and physical abuse and from neglect. Learn how child protection laws work, and what to do if you think a child is being abused.
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.
Understand the legal framework
How abuse and the neglect of children is defined
The protection of children is one of society’s greatest obligations. In addition to the criminal and civil laws that apply to everyone, there is also a specific provincial law intended to protect children from sexual and physical abuse and from neglect. This law defines a “child” as any person under 19 years of age.
Here are definitions of key concepts:
Physical abuse means any physical force or action by a parent or adult which could injure a child and exceeds “reasonable discipline”.
Sexual abuse means any sexual touching or intercourse between a child and an older person, or using a child for sexual purposes.
Sexual exploitation is a form of sexual abuse that occurs when a child engages in sexual activity, usually through manipulation or coercion, in exchange for money, drugs, food, shelter or other things.
Emotional harm is when a child has serious anxiety, depression, withdrawal or self-destructive or aggressive behaviors due to persistent emotional abuse by a parent. This can include scapegoating, blaming, rejection, threats, insults or humiliation. Emotional harm can also happen to children who witness violence in their homes.
Neglect is when a parent fails to look after the physical, emotional or medical needs of a child, endangering the child’s health, development or safety.
If you have reason to believe a child is being abused
If you have reason to believe a child has been or is likely to be abused or neglected, the law in BC requires you to report your concerns to a child welfare worker. “Reason to believe” means you suspect 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 doesn’t 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 doesn’t matter who the suspected abuser is. They could be a family member, your neighbour, or a member of your church or temple. They could be a patient or client. They could be your boss or your employee. Your duty to report your concerns takes priority over any confidentiality or privilege that might apply to your relationship with the suspected abuser.
It is an offence not to report suspicions of abuse or neglect. The only exception is for a lawyer who may have concerns that involve their client.


==How is abuse and the neglect of children defined?==
Tip
The law defines these things as follows:
The law protects you from being sued or prosecuted for reporting a suspected abuser. The exception is if you knowingly report false information.  
*'''Physical abuse''':  This means any physical force or action by a parent or adult which could injure a child and which exceeds “reasonable discipline”.
*'''Sexual abuse''':  This means any sexual touching or intercourse between a child and an older person, or using a child for sexual purposes.
*'''Sexual exploitation''': This is a form of sexual abuse that occurs when a child engages in sexual activity, usually through manipulation or coercion, in exchange for money, drugs, food, shelter and other things.
*'''Emotional harm''': This is defined as a child having serious anxiety, depression, withdrawal or self-destructive/aggressive behaviors due to persistent emotional abuse by a parent, such as scapegoating, blaming, rejection, threats, insults or humiliation. Emotional harm can also happen to children who witness violence in their homes.
*'''Neglect''': This means a parent failing to look after the physical, emotional or medical needs of a child, so that the child’s health, development or safety is endangered.


==You must report suspected child abuse or neglect==
How you make a report of child abuse
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.
If a child is in immediate danger, call the police by dialing 9-1-1. A child welfare worker will determine whether the child is in need of protection.
If there is no immediate danger, you can report child abuse in one of two ways:
Phone the Ministry of Children and Family Development’s screening line at 1-800-663-9122 at any time of the day or night. The team answering these calls assesses child protection reports and initial requests for Ministry service across the province, 24 hours a day.
Call 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 the Ministry website at gov.bc.ca/mcfd.
If you make a report of child abuse
The report you make to the Ministry of Children and Family Development will be taken by a child welfare worker. The 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 the child has been or is likely to be abused or neglected.
You do not need to identify yourself
But it is helpful for the child welfare 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, it is always possible your identity may become known as a result of the details of the information you provide.)
Child welfare’s response
The child welfare worker will assess the information you provide. They will decide on the best way to keep the child safe. They may decide to:
take no further action
refer the family to support services
use a “family development response”
conduct an investigation
In a family development response, child welfare works out a plan with the family to strengthen the family’s ability to help keep the child safe. It may be used for less serious allegations of abuse or neglect. It is an intensive, time-limited, supportive approach. It involves an assessment of the family’s strengths and problem areas, and providing support services to help the family while monitoring the child’s safety.
Child welfare may decide to conduct an investigation
If you report allegations of serious abuse or neglect, the child welfare worker may decide to conduct a child abuse investigation. This involves seeing and talking to the child and people who know the child, such as parents, extended family, a teacher, doctor or child-care provider. If the child is Aboriginal, their band or community may also be involved.
If the allegations involve physical or sexual abuse, the child welfare worker will also advise the police, who may conduct their own investigation as well.
The investigation of abuse cases is sensitive to the feelings of children. Whenever possible, the Ministry of Children and Family Development and the police conduct a joint investigation to reduce the number of interviews and the anxiety felt by a child involved in the process.
Common questions
Will the child be removed from the home?
Children can only be removed from their homes if nothing less disruptive will protect them. If a child is in danger of continued abuse or neglect and there are no other ways of keeping the child safe, the child may be taken into the care of the Ministry of Children and Family Development. Alternatively, the child may be placed with a relative or other person who has a significant relationship with the child. If a child is removed from their home, a court process starts. For more detail, see our information on child protection and removal (no. 141).
What about criminal charges?
If the police determine that a criminal offence has been committed, they may decide to recommend criminal charges against the abuser that will result in criminal court hearings. The prosecutor works with the police and the Ministry of Children and Family Development in alleged child abuse cases to make the court experience less upsetting for a child.
What if there is a family 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 having 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 they believe is at risk of family violence. For more on protection orders, see our information on family violence (no. 155).
Get help
As a victim of abuse
Children who would like to talk to someone can call the Helpline for Children. This confidential service operates at any time of the day or night. 
Toll-free: 310-1234
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 Victim Link BC.
Toll-free: 1-800-563-0808
Web: victimlinkbc.ca
With more information
See the Ministry of Children and Family Development’s booklet “Responding to Child Welfare Concerns: Your Role in Knowing When and What to Report”.
Web: gov.bc.ca/mcfd
The Representative for Children and Youth advocates for and supports children and youth, seeking to protect their rights and make the child protection system more responsive.
Toll-free: 1-800-476-3933
Web: rcybc.ca


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 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 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 honestly believe your concerns are true when you make your report.
==How do you make a report?==
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. 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 do not need to dial an area code.
==If a child is in immediate danger, call the police==
Dial 911 for the operator and ask for police assistance.
==What happens when you make a report?==
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 do not have to give your name when you make a report==
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 assess the information that you provide and determine the most appropriate response to ensure the child’s safety and well-being and to help the family care safely for the child. The responses can include:
*Taking no further action.
*Referring the family to support services.
*Where concerns for the safety of the child exist, providing a “family development response” or conducting an investigation.
==What is a family development response?==
A family development response may be provided for less serious allegations of abuse or neglect when the child’s parents will work cooperatively with the social worker. This response involves an intensive, time-limited, supportive approach. It consists of an assessment of the family’s strengths and problem areas, and the provision of support services to help the family while monitoring the child’s safety.
==When is a child abuse investigation done?==
If you report allegations of serious abuse or neglect, the social worker may decide to conduct a child abuse investigation. If the allegations involve physical or sexual abuse, the social worker will also advise the police, who may conduct their own investigation as well.
The investigation and prosecution of abuse cases is sensitive to the feelings of children. Whenever possible, the Ministry of Children and Family Development and the police conduct a joint investigation to reduce the number of interviews and the anxiety felt by a child involved in the process.
==Will the child be removed from the home?==
If the child is in danger of continued abuse or neglect during or at the end of an investigation and there are no other ways of keeping the child safe, the child may be taken into the care of the Ministry or placed with a  relative or other person who has a significant relationship with the child.
==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.
==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?==
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 toll-free Victims Information Line at 1.800.563.0808.
==Where can you find more information?==
*See the link on “Protecting Children” on the Ministry of Children and Family Development’s website at [http://www.mcf.gov.bc.ca www.mcf.gov.bc.ca]. Specifically, refer to the Ministry’s booklet entitled [http://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-services/public-safety/protecting-children/childabusepreventionhandbook_generalpublicbooklet.pdf "Responding to Child Welfare Concerns: Your Role in Knowing When and What to Report"].
*For more information on child removal, refer to script [[Child Protection and Removal (Script 141)|141]] called “Child Protection and Removal”.




[updated August 2017]
[updated August 2017]


'''The above was last reviewed for accuracy by Thomas E. Wallwork.'''
'''The above was last reviewed for lega accuracy by Thomas E. Wallwork.'''
----
----


Dial-A-Law
3,009

edits

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/41282"

Navigation menu