Calling the Children's Aid Society
By Bruce D. Woodrow
Saturday, November 30, 2002
Helping and protecting children at risk of abuse or neglect is the job of the local children’s aid society (“CAS”). Staff, directors and committee members of a co-operative may become aware of a situation where a child in the co-operative is at risk. But the knowledge of staff or directors may be confidential.
When must staff and directors call the CAS? When may they call the CAS?
Obligation to Report
The Child and Family Services Act deals with child abuse and neglect. Section 72(1) requires that any person who has reasonable grounds to suspect child abuse or neglect must make a report to a CAS. Neglect includes a risk that a child will suffer physical harm because of a failure to adequately care for or protect the child or a pattern of failing to do so. Subsection 72(3) requires that a person with a duty to report must make the report directly to a CAS and not rely on someone else to make the report.
Subsections 72(4) and (5) make it an offence to not make a report, but only for professionals, such as doctors, nurses, school principals, teachers, etc. Although professional includes youth recreation workers, the definition explicitly excludes volunteers.
Therefore, in a sense, the Act has created a duty to report that would apply to directors, staff, committee members and even other members of a co-operative. However, it does not create an offence for failing to do so.
It is possible that, since the duty has been created by the Act, it would be negligent to not perform the duty. In that case, a person who was harmed by the negligence could theoretically sue the person who was negligent. In most cases, that would mean that an abused or neglected child would have to sue a co-operative representative for failing to report that child’s parent.
Right to Report
Paragraph 5.7 of the Model Occupancy By-law authorizes the staff of a co-operative to contact police or a CAS in a case of child abuse.
Subsection 72(7) of the Child and Family Services Act specifically allows a person to make a report to a CAS, even if the information reported would normally be confidential, and protects the person who breaches confidentiality. The protection does not apply if the report is made maliciously or without reasonable grounds.
Therefore, directors, staff and committee members may make a report to a CAS, even if the information reported would normally be kept confidential. The only exception is where the person making the report does not have reasonable grounds or the report was made maliciously rather than out of genuine concern for a child.
Conclusion
The Act creates a duty to report for co-operative representatives but does not make it an offence to fail to perform the duty. There is a possibility of being sued for negligence for failure to perform the duty, by a person harmed by the failure to report.
The Occupancy By-law of many co-operatives authorizes staff to make a report to a CAS. The Act protects a person who uses confidential information to make such a report.
