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Frequently Asked Questions

Frequently Asked Questions

Child & Family Services Act

When do children need protection?

Children need protection from physical, sexual and emotional abuse, neglect and risk of harm, as set out in section 72(1) of Ontario’s Child and Family Services Act. See also http://www.oacas.org/resources/whentoreport.htm.

Do I have to report child abuse?

You have a legal duty to report child abuse: (a) as a citizen, and (b) as an Educational Assistant.

When do children need protection?

What if I'm not sure?

You have a legal duty to report a “reasonable” suspicion that a child is suffering or has suffered abuse (at home, at school, anywhere).

How do I know if my suspicion is reasonable?

CAS states that "Reasonable grounds" are what an average person, given his or her training, background and experience, exercising normal and honest judgment, would suspect.

I need more specifics...

If you are not sure contact CAS. First, gather your thoughts and write down exactly what you have observed (date, time, etc.). Then phone CAS, from a suitably private location, and ask to speak to an intake worker. Without identifying yourself, state that you are an Educational Assistant and would like advice on “a scenario.” (At this point, you don’t need to identify yourself.) Describe exactly what you have observed. The CAS intake worker is a knowledgeable professional who will usually tell you that a) you don’t have reasonable grounds, but should continue to observe and document the situation; OR b) you do indeed have reasonable grounds, and must now provide further details such as your name, phone number, name and DOB of the child, name of his/her parent(s) and their address. Keep a record of what you said and what CAS said.

If I do not have sufficient grounds, why would I be asked to keep documenting?

A single act may be insufficient grounds (e.g. a child not wearing warm clothes, or not bringing a good lunch), while your careful documentation may show that there is a pattern of neglect or abuse.

Can't I mention it to the Principal or a teacher?

If the information was disclosed to you, or observed by you, the duty to report is yours. A courtesy call to your union would also be appropriate.

Should I tell the Principal?

As per APM A7620 if the suspected offender is a staff member, as soon as you make the report to CAS, inform the principal or vice principal If the suspected offender is an OPSEU member please call the President of your local.

Who else can I tell?

This is a good example of privileged, confidential information. You may, however, need to discuss your feelings with a trusted friend or counselor (not mentioning names, etc.).

What happens if I don't report (suspicions of) child abuse?

First of all, a child may be in need of protection, and you did nothing to help that child. The safety and wellbeing of a child comes first. As a professional who works with children, you can be fined up to $1,000 under the CFSA for failing to make a report. You also run the risk of civil action for negligence in failing to protect that child. In addition, your school board may discipline you for failing to follow its policy on reporting child abuse

What if the child was not being abused?

You have a duty to report your reasonable suspicions, and then it’s up to qualified professionals to investigate. If it turns out that there was no abuse, the CFSA protects you from being sued - unless you acted maliciously or without reasonable grounds.

What should I do if I see or hear something that indicates child abuse?

Document, document, document. Listen carefully to the person who discloses the information. Do not promise to keep the information confidential. Re-assure the person: say that you believe her/him. Obtain only the basic information that you will need, in order to report your suspicions to CAS. DO NOT ASK LEADING QUESTIONS. REMEMBER THAT YOU ARE NOT QUALIFIED TO INVESTIGATE – AND LEAVE THAT TO THE PROFESSIONALS (CAS and/or POLICE). Document, document, document.

Can I take some time to think about what to do?

You have a legal duty to report your suspicions immediately. The more serious the suspicion, the more important it may be for CAS to speak with the child before s/he leaves school to go home.

How do I contact CAS?

Go to http://www.oacas.org/resources/members.htm and find the phone number of the CAS office nearest to you. They are available 24 hours a day. Keep careful notes of what you said, and what CAS said to you.

I called CAS already, but I'm still observing/hearing the same concern. Do I call CAS again?

Yes. Your duty to report is an ongoing duty.

Will I have to testify?

You may. This is another reason why you need to document the situation. Keep careful records, so you can refer to notes kept at the time and not rely on your memory or on recollections that you made later.

I live in a small community. Will the student's parents be told that I was the one who reported the suspicion?

They may be told, or they might figure it out.

What if I suspect a fellow EA of harming a child?

It’s no different. Inform CAS immediately, follow the school board protocol about informing your principal, and remember that your suspicion is privileged information.

Isn't it unprofessional to say something like about a colleague?

The safety of the child over-rides professionalism. Report your suspicion. (You do not have to let the teacher know that you reported her/him.)

I promised a student that s/he could tell me anything and I would keep it confidential. I don’t want to break my promise, but I suspect abuse (or abuse was disclosed). What should I do?

Unless you are a lawyer and this is your client, you must report your suspicion to CAS regardless of what you promised. The protection of this child is of higher importance. (In future, always limit your promise of confidentiality - - e.g. I promise I will keep what you tell me confidential, unless you tell me that someone is hurting you or that you have plans to hurt yourself.)

Your question not answered here? Please contact us with your inquiry.