The Children’s Storefront Child Abuse Reporting Policy & Procedure Purpose: The purpose of this policy is to ensure all staff and com munit y members are aware of and adhere to the legislation and reporting requirements established by the Ontario Child and Family Services Act. Ontario's Child and Family Services Act Ontario's Child and Family Services Act (CFSA) provides a broad range of services for families and children, including children who are or may be victims of child abuse or neglect. The paramount purpose of the Act is to promote the best interests, protection and well being of children. The Act recognizes that each of us has a responsibility for the welfare of children. lt states clearly that members of the public, including professionals who work with children, have an obligation to report promptly to a Children's Aid Society if they suspect that a child is or may be in need of protection. The Act defines the term "child in need of protection" and sets out what must be reported to a Children's Aid Society. lt includes physical, sexual and emotional abuse, neglect and risk of harm. Below is a summary of the situations that must be reported and the steps that are taken when reporting child abuse. Situations That Must Be Reported Despite the provisions of any other Act, if a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall forthwith report the suspicion and the information on which it is based to a Society: 1. The child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person's: i. failure to adequately care for, provide for, supervise or protect the child, or ii. pattern of neglect in caring for, providing for, supervising or protecting the child. 2. There is a risk that the child is likely to suffer physical harm inflicted by the person(s) having charge of the child or caused by or resulting from that person's: failure to adequately care for, provide for, supervise or protect the child, or ii. Pattern of neglect in caring for, providing for, supervising or protecting the child. 3. The child has been sexually molested or sexually exploited by the person having charge of the child or by another person(s) where the person having charge of the child knows or should know the possibility of sexual molestation or sexual exploitation and fails to protect the child. i. 4. There is a risk that the child is likely to be sexually molested or sexually exploited as described in paragraph 3. 5. The child requires medical treatment to cure, prevent or to alleviate physical harm or suffering and the child’s parent(s) or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to the treatment. 6. The child has suffered emotional harm, demonstrated by serious: Anxiety Depression Withdrawal Self-destructive or aggressive behavior, or Delayed development And there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or a pattern of neglect on the part of the child’s parent(s) or the person having charge of the child. 7. The child has suffered emotional harm of the kind described in sub-paragraph i, ii, iii, iv, v of paragraph 6 and the child’s parent(s) or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to the services or treatment to remedy or alleviate the harm. 8. There is a risk the child is likely to suffer emotional harm of the kind described in subparagraph i, ii, iii, iv, v of paragraph 6 resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent(s) or the person having charge of the child. 9. There is a risk the child is likely to suffer emotional harm of the kind described in subparagraph i, ii, iii, iv, v of paragraph 6 and that the child’s parent(s) or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to the services or treatment to remedy or alleviate the harm. 10. The child suffers from a mental, emotional or developmental condition that , if not remedies, could seriously impair the child’s development and that the child’s parent(s) or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to the services or treatment to remedy or alleviate the harm. 11. The child has been abandoned, the child’s parent (s) has dies or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the child’s care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child’s care and custody. 12. The child is less than 12 years old and has killed or seriously injured another person or caused serious damages to another person’s property. Services or treatment are necessary to prevent a recurrence and the child’s parent(s) or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, those services or treatment. 13. The child is less than 12 years old and has on more than one occasion injured another person or caused damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure to supervise the child adequately. Reporting Procedure Any staff/support staff/student/volunteer who suspects child abuse MUST advise The Executive Director or designate, that they suspect child abuse and are consulting and potentially reporting their suspicions to a Children’s Aid Society. Details of the suspicions are not to be shared with anyone. If the child’s religious affiliation is known, the report can be made directly to the Society of the appropriate religious affiliation. Children’s Aid Society Catholic Children’s Aid Society Jewish Family and Child Service Native Child and Family Service NOTE: When a student is doing a placement, she/he is expected to follow the centre’s policies and procedures regarding child abuse. The Person who suspect child abuse MUST call him/herself – DO NOT ask anyone else to help you decide if a report should be made or to make the report for you. DO NOT discuss the details of the suspicions with anyone else until you have spoken with a Children’s Aid Society. The duty to report is an ongoing obligation. If a person has made a previous report about a child, and had additional reasonable grounds to suspect that a child is or may be in need of protection, that person must make a further report to a Children’s Aid Society. Steps For Consultation/Reporting 1. Advise Executive Director or designate that there is a suspicion of child abuse and a consultation/report is being made with a Children’s Aid Society. 2. Phone a Children’s Aid Society to consult if the incident or suspicions are reportable 3. Complete the Suspected Child Abuse Reporting Form. 4. Follow the directions from the Children's Aid Society regarding the outcome of the consultation (i.e. report incident or incident referred back to the centre). 5. Follow up w i t h t h e C e n t r e Supervisor/Designate regarding the outcome and decision made by the Children's Aid Society. If directed by Children's Aid Society to report, give your name the name of the centre your position the name of the Centre Supervisor Ensure the name a nd p h o n e number o f the C h i l d r e n ’ s Aid S o c i e t y i s documented. Procedures for Managing Allegations against Staff All allegations involving staff members are to be reported to the Children's Aid Society. The Supervisor will be advised by Children's Aid as to the appropriate follow up actions while t h e i r investigation t akes p la ce . Staff s h o u l d be a w a r e t h at during a n investigation Children's Aid may suggest the following actions: 1. The Children's Aid Society may determine that they will not be investigating therefore the Supervisor will: conduct an internal investigation discuss findings with the Program Manager to determine further follow up action review the behavior management guidelines 2. The Children's Aid Society may determine that the incident requires further investigation, and state that the staff will not be permitted to work alone with the children therefore the Supervisor will: modify the staffs schedule to ensure the staff is not working alone wait for further direction from the Children's Aid Society prior to any follow up 3. The Children's Aid may determine that the incident will require further investigation, and due to the scope of the investigation the staff will not be permitted to work at the child care centre, therefore the Supervisor will: send the staff home on paid leave until Children's Aid has completed the investigation advise the staff of Children's Aid Society directive, and also advise the staff that the situation is confidential and is not to be discussed with others consult with the Children’s Aid worker to discuss follow up discussions that may take place with the staff upon their return contact the staff once the investigation is complete informing them of their date of return to work meet with the staff on their first day of their return to work to provide support and discuss the follow up actions as directed by the Children’s Aid Society NOTE: People working with children are responsible for reporting suspicions of child abuse, NOT to determine whether or not child abuse has occurred. It is the responsibility of a Children’s Aid Society to investigate with police where necessary and decide on the best plan for the child. Documentation If Staff/support staff/student/volunteer suspects child abuse, a report will be written in the individual’s handwriting. Document only the FACTS, DO NOT include how you are feeling about the incident, or personal thoughts about what might have happened. Include the date and time reported, name(s) and phone numbers of the individual(s) you spoke with at the Children’s Aid Society and any direction you were given. Don not make a rough copy and then rewrite in good- the original recording of the facts is your documentation. If you make a mistake, DO NOT use white out. Cross out and initial any errors and then continue on. Sign and date the document and place it in a sealed envelope. This procedure is to be followed every time a Staff/support staff/student/volunteer suspects that child abuse has occurred. All Documentation is to given to the Executive Director, who will place it in a sealed envelope in a locked file drawer. The Executive Director or Designate is required to report the incident to the Municipal Child Care Services Program Manager if the incident involves an allegation/suspicion of child abuse against a staff member as this constitutes a SERIOUS OCCURRENCE. Documentation is required as per the Serious Occurrence Policy and Procedure. The Executive Director or Designate is required to report the incident to the Municipal Child Care Services Program Manager if the incident involves an allegation/suspicion of child abuse that does not involve a staff member as this constitutes a ISSUE INCIDENT. Confidentiality & Disclosure of Information to Others Any information related to an allegation or consultation/report of child abuse is confidential between the person directly involved and the person making the consultation/report and a Children’s Aid Society. Advising the Executive Director/Designate and the board of directors of the suspicion without providing details does not violate confidentiality. As a result, a Staff/support staff/student/volunteer who suspects that child abuse has occurred will NOT tell a parent/caregiver or child about the suspicion, the intention to report or that a report has been made until after consultation with a Children’s Aid Society and confirmation that it would be appropriate to discuss. Discussing any suspicions of child abuse with a parent/caregiver/child before consulting with a Children’s Aid Worker could jeopardize the child and or contaminate the investigation. Any information related to an allegation or consultation/report of child abuse is confidential between the person directly involved and the person making the consultation/report and a Children’s Aid Society. As a result, a Staff/support staff/student/volunteer who suspects that child abuse has occurred will NOT tell a the staff about the suspicion, the intention to report or that a report has been made until after consultation with a Children’s Aid Society. Any discussions prior to consultation with a Children’s Aid Worker could jeopardize the child and or contaminate the investigation. Once confirmation from a Children’s Aid Society is received that it would be appropriate to discuss any of the information, The Executive Director/Designate will follow up with the person(s) involved.