The St. Clair Catholic District School Board, consistent with its commitment to the safety and well-being of children, acknowledges a moral and legal responsibility to report any suspicions of child abuse and neglect.
POLICY STATEMENT:
The St. Clair Catholic District School Board requires that all employees exercise their responsibility for the reporting of suspected abuse and neglect of children.
ADMINISTRATIVE PROCEDURES:
In compliance with this policy and the requirements outlined in the Child and Family Services Act, the St. Clair Catholic District School Board has developed administrative procedures requiring teachers, principals, vice-principals, professional support staff and other personnel it employs, to report to the Sarnia-Lambton Childrens Aid Society or Chatham-Kent Children's Services when they have "reasonable grounds to suspect" physical abuse, sexual abuse, neglect, or emotional harm to a student, with sufficient detail to enable the agency to undertake its investigation. For the purpose of this policy, the Sarnia- Lambton Childrens Aid Society and Chatham-Kent Childrens Services will be referred to as Childrens Aid Society (CAS). There are corresponding procedures relating to hiring, staff training, responding to students with special needs, investigating employee misconduct and cooperating with appropriate investigative agencies. These procedures support the Board's commitment to a safe, respectful and nurturing environment.
Definitions
The Child and Family Services Act (CFSA) defines a child as a person under sixteen (16) years of age. A person subject to a protection order, for example an order of supervision or wardship, is considered to be a child until they attain eighteen (18) years of age. A child protection investigation can not be undertaken with regards to a sixteen or seventeen year old who is not the subject of a child protection order. Allegations of neglect/abuse involving such young people are investigated by the police under the assault or sexual assault provisions of the Criminal Code.
The CFSA provides a list of criteria which defines a child in need of protection. Many of the criteria conform with the traditional perception of what constitutes abuse. Other criteria trigger the duty to report because the child requires assistance of some form, for example, medical treatment or counselling, and the parent or guardian is unavailable or unwilling to take action.
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 2 of 18 A child is in need of protection in any of the following circumstances:
a) the child has suffered physical harm, inflicted by the person having charge of the child or caused by that persons failure to care and provide for or supervise and protect the child adequately;
b) there is a substantial risk that the child will suffer physical harm inflicted or caused as described in clause (a);
c) the child has been sexually molested or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child;
d) there is a substantial risk that the child will be sexually molested or sexually exploited as described in clause (c);
e) the child requires medical treatment to cure, prevent or alleviate physical harm or suffering and the childs parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, the treatment;
f) the child has suffered emotional harm, demonstrated by severe anxiety, depression, withdrawal or self destructive or aggressive behaviour and the childs parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;
g) there is substantial risk that the child will suffer emotional harm of the kind described in clause (f), and the childs parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm;
h) the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the childs development and the childs parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition;
i) the child has been abandoned, the childs parent had died or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the childs care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the childs care and custody;
j) the child is less than twelve years old and has killed or seriously injured another persons property, services or treatment are necessary to prevent a recurrence and the childs parent 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;
k) the child is less than twelve years old and has on more than one occasion injured another person or caused loss or damage to another persons property, with the encouragement of the person having charge of the child or because of that persons failure or inability to supervise the child adequately; or
l) the childs parent is unable to care for the child and the child is brought before the court with the parents consent and, where the child is twelve years of age or older, with the childs consent, or to be dealt with under this Part.
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 3 of 18
LEGISLATED DUTY TO REPORT
Duty to Report
The Child and Family Services Act (s 72) states that:
A person who believes on reasonable grounds that a child is or may be in need of protection shall forthwith report the belief and information upon which it is based to a society.
Any employee who, in the course of his/her duties, has reasonable grounds to suspect that a child has been abused or is at risk of being abused, has a legal responsibility to immediately report his/her suspicions directly to the Children's Aid Society regardless of whether the alleged perpetrator is a family member, a community member, a school board staff or a volunteer.
No action for making the report shall be instituted against a person who acts in accordance with the legislation unless the person acts maliciously or without reasonable grounds for suspicion.
Professional persons and school board officials have the same duty as any member of the public to report. As such, where there are reasonable grounds to suspect that a child is in need of protection, principals, vice-principals, teachers, social workers, psychologists, child and youth workers, speech and language pathologists, etc., must also report the suspicion and the information on which the suspicion is based to the CAS. This duty to report applies although the information reported may be confidential or privileged.
Teachers, principals, vice-principals and non-teaching professionals are advised that their failure to report where there are reasonable grounds to suspect that a child is in need of protection can lead to a conviction of an offence which is subject to a fine of not more than $1,000. A failure to comply with the CFSA is a defined ground of professional misconduct under the Ontario College of Teachers Act. ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 4 of 18
Duty to Report Directly
The individual employee who suspects abuse or neglect must contact CAS directly; thus supervisors cannot call on a staff members behalf.
A person who has a duty to report a matter under subsection (1) or (2) shall make the report directly to the Society and shall not rely on any other person to report on his or her behalf (s 72).
While the employee must report and discuss the situation with the principal of the school, the onus remains on the person who suspects abuse to report the matter promptly to the CAS.
If the principal disagrees with the employees decision to report, it is still the employees responsibility to report his/her suspicions of abuse or neglect to the CAS.
Ongoing Duty to Report
Employees must report each additional occurrence of abuse regarding the same child to the CAS.
A person who has additional reasonable grounds to suspect that a child is in need of protection, shall make a further report even if he or she has made previous reports with respect to the same child (s 72).
Thus, for example, if an employee reported suspicions of child abuse or neglect to the CAS, and a new but similar set of circumstances comes to the employees attention, the employee must report that new information to the CAS again, regardless of whether or not a CAS investigation is already under way.
PROCEDURES FOR REPORTING ABUSE/NEGLECT
Step One: Determining When to Report
Some children will disclose to a staff member directly that they are being neglected, hurt, or abused or there will be indicators that the employee observes which lead him/her to suspect a child is in need of protection. If this is the case, the employee should immediately make a report to the Childrens Aid Society. If an employee is unsure of whether there is cause to report, the following steps should be taken:
The employee shall consult with his/her principal or supervisor regarding his/her concerns. The principal should consult with the Social Worker and or Child/Youth Worker assigned to the school. Observe the child. Refer to Appendix A for a list of definitions and indicators of abuse and neglect. Record observations. See Appendix B for suggestions for keeping a documentation diary. For further assistance in determining whether reasonable grounds exist to report suspected abuse or neglect, Board employees are encouraged to consult with CAS about a given situation (See Appendix F for current phone numbers). At this time, record the name of the CAS worker, and the date and time of the phone call.
If it is determined through the above steps that there are insufficient grounds to report to the CAS, continue to document the case noting dates, specific situations and direct quotes from discussions with the child (see Appendix B). ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 5 of 18
Step Two: Reporting
Where an employee has reasonable grounds to suspect abuse or neglect, he/she must notify the principal of the childs school immediately. If the principal does not support the decision to report, it is still the employees responsibility to report his/her suspicion of abuse.
The principal or designate should be present while the employee reports the incident to the Childrens Aid Society. This is intended as a support for the employee; however, securing the principals presence must not unduly delay the reporting of the incident.
Where an employee has a reasonable suspicion of abuse, it is the responsibility of the employee to make a direct and immediate report to the CAS (see Appendix C for oral reporting guidelines).
If the principal is unavailable for consultation at the time of reporting to the CAS, the employee should notify the principals designate. Following this, the principal should be informed as soon as possible regarding the situation.
The employee will obtain a Report of a Suspected Child in Need of Protection Form (Appendix D) from his/her principal and provide the required written documentation.
In addition to reporting to the CAS, the employee or the principal should obtain information, where possible, regarding the following: Will the child be interviewed? When and where will this interview take place? Do the investigators plan to come to the school or home? When? Should the parents be contacted? See Informing Parents/Legal Guardians for additional information.
Once a report has been made, the principal will follow the CAS instructions regarding the care of the child.
Step Three: Documentation
It is not the employees responsibility to prove that the student has been abused or neglected or to determine whether the student is in need of protection. Consequently, beyond the acknowledgement of the initial disclosure, the employee must not investigate or interview the alleged victim, witness, staff or other students. The Childrens Aid Society worker has the prime responsibility for the protection of the child and the investigation of the alleged abuse under the Child and Family Services Act. The Police Department has the prime responsibility for the investigation of the alleged offence under the Criminal Code of Canada.
Documentation of concerns about a child is of great importance in helping to clarify the situation and is critical to the CAS in their response to the report. Use the Report of a Suspected Child in Need of Protection form provided as Appendix D. Completion of this form should be based on factual data only. Refrain from including personal opinions.
The Report of a Suspected Child in Need of Protection form shall be completed by the employee who made the report to the CAS at the earliest possible time thereafter. It will subsequently be signed by the school principal and then sent immediately to the CAS. The Childrens Aid Society intake worker will take more detailed notes during the interview with the reporting person.
Apart from the form required (Appendix D) by the Board, the teacher, support staff person, and principal, must keep detailed records (Appendix B) at all stages of the process with regard to their involvement.
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 6 of 18 All documentation with respect to a child in need of protection is confidential and is to be safeguarded as such. This documentation is not considered part of the Ontario Student Record but should be kept on file in the principals office.
Documentation should be factual (including dates and times), be brief and to the point and contain questions asked of the student and verbatim responses if possible.
Step Four: Informing the Parent(s)/Legal Guardian(s)
The principal or designate, in consultation with the Childrens Aid Society, will determine when the parent will be informed of the referral and by whom. Unless agreed upon by both parties, it is the obligation of the Childrens Aid Society to inform the parent of the referral.
Informing the parents prematurely of the Childrens Aid Society involvement may seriously jeopardize the investigation and interfere with the protection of the child.
In the case of an apprehension of a child by the CAS, the parents/guardians should be informed of the situation by the Childrens Aid Society prior to the end of the school day.
Step Five: CAS/Police Investigation
The following can be expected when an abuse allegation has been made.
When the CAS receives a report of alleged abuse pertaining to a child under the age of 16, it must, within the shortest time period possible and not exceeding 24 hours, decide whether or not to proceed with an investigation.
The decision-making process may include reviewing any previous child abuse or neglect in the family and consulting the provincial Child Abuse Register to determine whether the alleged abuser is listed as being previously involved in the abuse of a child.
Once a decision is made to proceed with an investigation, a decision to request the assistance of the police in the investigation is the responsibility of the CAS worker in consultation with his/her supervisor. If this course of action is taken, the CAS worker will contact the police to jointly decide how they will proceed. If a joint investigation is warranted, the CAS worker and the police officer, as a team, collect evidence and interview the child, the parents and any professionals or witnesses involved.
A decision as to whether the child should be interviewed on school premises will be determined by the CAS worker in consultation with his/her supervisor. The seriousness of the allegation, the safety of the child, the integrity of the investigation and relevant welfare file history are factors considered when making this decision. The CAS worker will contact the school principal to provide notification of the decision to interview the child(ren) on the school property.
Upon arrival at the school, the CAS worker will report to the principal or designate, present appropriate child welfare identification, and discuss the plan for the investigation. At this point, the CAS (and police, if applicable) are in charge and responsible for the investigative plan.
Having the interests of the students at the forefront, the school will co-operate and collaborate with the CAS/police during the investigation.
The CAS worker and his/her supervisor have the responsibility of determining at what point in the investigation the parents should be notified of the allegation.
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 7 of 18 As a general rule, the CAS/police may conduct an interview with a pupil at the school only with the prior consent of at least one of the legal guardian(s) and in his/her presence if requested. The exceptions would be as follows: In those cases in which the CAS/police have determined that the best interests of the child require that an interview should take place without the prior knowledge and the absence of the parents, the SCCDSB will permit the principal to depart from the general rule described above. The need to proceed with these investigations without consent and knowledge of the parents is especially necessary when the child in question is alleged to be the victim of sexual abuse which may be perpetrated by a family member.
When the alleged child in need of protection, sibling or other children potentially involved are being interviewed at the school, and the CAS has determined that the parent/guardian should not be informed prior to the interview, the principal or designate will be present during the interview. If a designate is used, this person should be someone who is known by the child and has a good relationship with the child. The role of school personnel is as an observer and support only.
Where it is clear that the investigation will not be placed in jeopardy and the principal has confirmed this with the CAS, the parents/guardians will be contacted prior to their child(ren) being interviewed at school.
The CAS worker will carry out detailed interviews with any person who may have significant information or observations about the child in question, and any witnesses to the alleged child protection concerns.
At the conclusion of the investigation, the CAS worker, in consultation with his/her supervisor, will review all relevant information and determine whether the reported child protection allegation is substantiated.
It is the responsibility of the CAS worker to notify the referral source of the results of the investigation provided the parents of the child have executed appropriate releases of information. It is the responsibility of the CAS worker to make every effort to have releases signed by the parents.
SHARING OF INFORMATION
The CAS may initiate contact with a school, or with the Board office, when investigating a report of abuse initiated from sources outside of the school.
When initiating a protection investigation, the CAS worker must establish the whereabouts of a child, collect information from a variety of collateral sources regarding the protection and safety of the child, and make arrangements to interview the child in the school either with or without parental permission.
During an investigation, information may be sought without a Release of Information, as parental contact to acquire a release may seriously impede the investigation.
When initiating contact, the CAS worker must inform the principal that he/she is investigating an allegation that a child is in need of protection and is seeking information to assist in the investigation.
When receiving a call requesting information about a student, the principal should take every precaution to ensure that the caller is a worker with the Childrens Aid Society. The principal should inform the caller that he/she will call them back immediately. At this time, the principal will contact the office of CAS and confirm the identity of the caller. Having confirmed the identity of the caseworker, school personnel should co-operate fully in the investigation. ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 8 of 18 ALLEGATION OF CHILD ABUSE AGAINST A BOARD EMPLOYEE
Fundamental Principles When an employee is accused of child abuse, that employee is entitled to a presumption of innocence until a full investigation determines otherwise. In order to protect the rights and privacy of the employee and student(s) involved, confidentiality and containment are very important.
When a Complaint is Made In a situation where a teacher, support staff or other Board employee is suspected of conduct which places a child in need of protection, the principal or supervisor will be notified when a report to the CAS is being made and the principal or supervisor will notify the appropriate Superintendent of Education. In situations where a principal is suspected of such conduct, the Superintendent of Education will be directly notified. A staff person or volunteer who has made a report to the CAS and has notified the principal regarding a specific situation and is not satisfied with the response, may contact the designated superintendent directly. Under no circumstances should the implicated staff member be contacted regarding an allegation or disclosure until specific instructions are received from the investigating police or CAS. Notwithstanding any Regulation made under the Teaching Profession Act, a teacher shall NOT report to a fellow teacher that an allegation or disclosure has occurred. This procedure is designed to secure the safety of the student, to ensure that the rights of the victim and the accused person are protected, and to prevent possible destruction of evidence. The Board will undertake to ensure the safety of any other alleged or potential victims through whatever means deemed appropriate, including interim suspension of the employee or removal from the school setting. School board staff and volunteers are expected to be supportive of a student who has come forward, and will respect and protect the confidentiality of the disclosure within legal confines. Only staff who need to know and who will in no way jeopardize the investigation will be informed of the disclosure. The Board will fully cooperate with the CAS and the police in any investigation and provide access to any relevant information within legal confines. In instances involving school personnel, it must be remembered that the Board has two key areas of responsibility: i) Acting in loco parentis for children registered within their school system ii) Serving as the employer of the person who is the alleged abuser. It is the employers determination whether the accused employee shall be relieved of duties or re-assigned during an investigation. The CAS may advise the employer in this regard. Where a situation involving a staff person is reported to the CAS or the police, and they decide not to pursue the matter, the matter shall be reviewed by the appropriate Superintendent of Education in order to establish whether further action is warranted. The Superintendent of Education will be responsible for ensuring that an internal investigation of circumstances is conducted. The investigation shall be coordinated in consultation with the investigating CAS and the police.
It is clear, according to legal precedents set down in labour arbitration cases, that the employer does have the right to suspend or terminate employment, without awaiting for the outcome of criminal charges and independent of the results of such criminal proceedings. In this case, the standard of proof is reasonable probability. ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 9 of 18 When the allegation is unfounded, the employee has a right for continued employment. Placement will be determined by the Board, in consultation with employee.
The principal of the school shall advise the child and family that support and counselling can be facilitated by the school Social Worker/Child and Youth Worker.
FREQUENTLY ASKED QUESTIONS
See Appendix E.
COMMUNITY RESOURCES
See Appendix F.
ONGOING IMPLEMENTATION
The Administrative Procedures will be reviewed by the Superintendent of Education, responsible for Special Education, on an annual basis to ensure compliance with the Child and Family Services Act.
Principals will review with school staff on an annual basis the legal requirements and administrative procedures for reporting suspected child abuse. School staff includes teachers, educational assistants, school secretaries, custodians, volunteers, noon-hour supervisors and any other person regularly present in the school. ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 10 of 18 APPENDIX A
DEFINITIONS AND INDICATORS OF ABUSE
Taken from: a) Abuse: A Handbook for Early Childhood Education b) Child Abuse Handbook for Social Workers in Ontario c) Child Abuse, Neglect, and Deprivation: A Handbook for Ontario Nurses
Child abuse can be subdivided into four categories: (i) Physical Abuse, (ii) Sexual Abuse (iii) Emotional Abuse, and (iv) Neglect
PHYSICAL ABUSE
Physical abuse consists of any non-accidental form of injury or harm inflicted on a child. This includes but is not necessarily restricted to physical beating, corporal punishment that causes bruises or leads to an injury that requires medical treatment; wounding, burning, kicking, shaking or throwing the child; use of a closed fist or instrument on a child, poisoning or drugging the child and related assaults causing visible or not visible physical harm. Abusive malnutrition is a deliberate withholding of sufficient nourishment from a child.
Physical Indicators Behavioural Indicators Unexplained bruises and welts, especially those: On the face, back, buttocks, thighs In stages of simultaneous healing In the shape of an instrument such as belt, hairbrush, etc. Appearing after the childs absence, weekend, vacation Unexplained burns: Cigarette burns (hands, feet, back, buttocks) Immersion burns (sock-like or glove-like in shape) Burns patterned like electric burner (arms, legs, torso) Rope burns (arms, legs, torso) Unexplained fractures, especially: To skull or facial structure In stages of multiple healing Multiple of spiral fractures Inappropriate dress, especially long sleeved clothing in hot weather (parent/guardian may be concealing marks) Reports of injury by parents Extreme wariness of parents Extreme wariness of adults in general Wariness of physical contact, especially when initiated by an adult Resistance to being touched Extreme watchfulness, sometimes described as frozen watchfulness Apprehension when other children cry Fear of going home Unexplained prolonged absence (parent/guardian may keep child at home while injury heals) Denial that bruises exist Extreme range of behaviour e.g., extreme withdrawal extreme aggressiveness extreme fearfulness extreme fearlessness extreme attention-seekingextreme attention avoidance extreme crying no expectation of comfort
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 11 of 18
SEXUAL ABUSE
Sexual abuse is the use of a child for the sexual or erotic gratification of a caregiver or other person, performed with or without resistance on the part of the child and with or without accompanying physical abuse. Sexual abuse can range from a parent/caregiver permitting or exposing a child to sexual acts such as prostitution, to actual molestation; including exposure, fondling or masturbation and intercourse; including incest and rape. It also includes exploitation of children for pornographic purposes, including posing children for photographs which are sexual or erotic in content. Most sexual misuse of children occurs at home with persons known to the child.
Physical Indicators Behavioural Indicators difficulty in walking or sitting torn, stained or bloody underwear pain or itching in genital area bruises or bleeding in genital, vaginal, or anal areas venereal diseases, especially in pre- teens pregnancy fear of male parent/guardian; fear of all males wariness of physical contact, especially when initiated by an adult fear of the night, the dark sophisticated or bizarre sexual behaviour or knowledge seductive behaviour for approval unwillingness to change for physical education, or to participate in active sports or games reports sexual contact with parent or guardian
EMOTIONAL ABUSE
Emotional abuse includes ignoring or passively rejecting the child, overtly disowning of a child, scapegoating, criticizing and often, making excessive or unreasonable demands of performance and competence for a childs age and ability. Severe verbal abuse, threatening, constant yelling, berating and withholding of comfort from an upset or distraught child, are included in emotional maltreatment of a child. Psychological terrorism is present in some cases (for example, locking a child in a dark cellar or threat of malnutrition). When a childs future psychological development is at risk because of a caregivers actions or failure to act, this is child abuse.
Physical Indicators Behavioural Indicators bed wetting that is non-medical in origin frequent psychosomatic complaints, headaches, nausea, abdominal pains child fails to thrive developmental lags: physical, mental or emotional habit disorders: sucking, biting, rocking, etc. conduct disorders: antisocial and destructive behaviour speech disorder, sleep disorders, inhibition of play extreme passivity/extreme aggressiveness extreme infantile behaviour extreme adult behaviour: appearing to take over and care for parents hysteria, obsession, phobias, hypochondria extreme depression, attempted suicide
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 12 of 18 NEGLECT
Child abuse covers acts of omission, on the part of the parent/caregiver: failure to provide for a childs basic needs and appropriate level of care with respect to food, clothing, shelter, sleep, health hygiene, safety and education. This includes the failure to provide adequate supervision, anticipatory prevention of injury and medical attention. Emotional neglect refers to the failure to provide adequate psychological nurturance necessary for a childs growth and development.
Physical Indicators Behavioural Indicators consistent hunger, malnutrition, underweight, dehydration poor hygiene, dirtiness, lice, skin disorders associated with improper hygiene inappropriate dress, exposure symptoms, e.g. sunburn, frostbite, recurrent colds, pneumonia consistent fatigue, listlessness unattended health problems inadequate supervision, child left in the care of another child too young to protect his/her abandonment begging, stealing food theft in general verbal evidence that there is no caregiver, no one at home, arriving early, staying late at school falling asleep in class delinquency, drugs, or alcohol
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 13 of 18
APPENDIX B
SUGGESTIONS FOR KEEPING A DOCUMENTATION DIARY
1. Write it down when you see it; dont rely on memory. 2. Stick to facts and first hand experiences. 3. Dates are essential. Noting the day and time reinforces your point. 4. Watch for patterns: e.g., behaviour and attendance on Mondays and Fridays. 5. State direct quotes where possible.
SAMPLE DIARY
DATE TIME OBSERVATIONS Thursday, September 21, 2000 9:30 a.m. Melissa arrived late second time this week Monday, September 25, 2000 9:25 a.m. Late again, with no explanation. Could not find out reason. Thursday, September 28, 2000 4:10 p.m. Melissa stayed late helping me. -Said she did not need to call her mother to tell her. -Said mom doesnt care. Tuesday, October 3, 2000 6:15 p.m. Returned to school early for Parent Meeting. -found Melissa in school yard. -When I asked, Have you had dinner? she replied I havent been home yet!
ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 14 of 18 APPENDIX C
WHAT INFORMATION IS REQUIRED BY THE CAS?
All employees referring alleged cases of child abuse are required to follow up their initial oral report to the Childrens Aid Society (CAS) worker with a written referral.
1. Oral Report Should Include:
Childs name, age, sex, address, and phone number. Family names, addresses and phone numbers Nature of suspected abuse with documented information you have and indicators of abuse. Present whereabouts of the child in question. Information about other children in the family, including their names, ages, and addresses. Your opinion as to the urgency of the situation in terms of the childs safety. Whether the childs parents are aware of the report. Your name, employment address and phone number, and your duties which led to the concern expressed. When and where you can be reached for further discussion if needed. Names, addresses, and telephone numbers of other possible witnesses of persons having relevant information such as physician, dentist, teacher, educational assistant, support staff, public health nurse, social worker, child and youth worker, police, probation officer, day care staff, clergy, chaplain, counsellor, recreation worker, neighbour, relative or family member.
2. Written Referral:
See Appendix D for written report form Report of a Suspicion of a Child in Need of Protection. ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 15 of 18 APPENDIX D
REPORT OF A SUSPICION OF A CHILD IN NEED OF PROTECTION
SCHOOL NAME: STUDENTS NAME: D.O.B.: GRADE: ADDRESS: PHONE: PARENT(S)/GUARDIAN(S):
Mother/Father/Guardian Name Phone: Home/Work
Mother/Father/Guardian Name Phone: Home/Work
Emergency Contact Name Phone: Home/Work
1. Nature of Alleged Incident Physical Emotional Sexual Neglect Comments:
2. Alleged Incident Reported to Childrens Aid Society by:
NAME: POSITION: DATE: TIME:
3. Childrens Aid Society Contact Person:
NAME: POSITION: PHONE:
4. Immediate Action or Response by Childrens Aid Society and/or School Officials:
5. Report Completed by: SIGNATURE: DATE: PRINCIPAL: DATE: cc: Principals File ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 16 of 18 APPENDIX E FREQUENTLY ASKED QUESTIONS
1. How do I know what to report? Your responsibility is to report reasonable suspicions of child abuse, not clear-cut evidence. You will not always have this evidence, but your close contact with children will sometimes lead you to believe or to be suspicious that something is happening to the child that could be abusive. 2. What if a superior disagrees? If a superior disagrees with your suspicions and decision to report, it is still your responsibility to report to CAS. The reporting protocol of the Board does not prohibit you from reporting directly. Your School Boards policy supports your responsibility to report directly to the CAS 3. What happens if I do not report? If you do not report your suspicions, the child could possibly remain in an abusive situation and, if you are a professional or school official, you could be liable for a $1,000 fine and/or one year in jail. 4. What happens if I report a case and it turns out that it is not abuse? There are no consequences to legitimate reporting and you are protected in this if your suspicions are based on reasonable evidence. A CAS worker will help you with your suspicions and will not proceed with an investigation unless they feel that it is legitimate. It is not your responsibility to determine that child abuse has occurred; that is the responsibility of the police and the Childrens Aid Society. 5. Does the CAS have the right to interview a child in school without the parents knowledge or permission? Absolutely, yes. It is the part of the investigative process. Interviews always begin with the victim, witnesses, and the offending adults are always interviewed last. During school hours the child is in the care of the school and is in a place of safety. 6. What do I do if a child says, if I tell you something, will you promise not to tell anyone else? Sometimes we make deals with children that are inappropriate. All children must know that we respect their confidence, however, there are times when things must be reported. There are some deals you cannot make with children. 7. What happens after a report is made to the Childrens Aid Society? The Childrens Aid Society will contact the referral source and attempt to clarify the information being reported. The information may be shared with the police for a joint investigation. The role of the CAS is to determine child safety while the role of the police is to investigate any criminal acts. The CAS role will be to help the family alleviate any pain or harm they are suffering and to help develop a plan to solve problems that they may be experiencing. 8. Why report? Isnt the treatment often worse than the disease? Initially, reporting brings on many crises for families and for children and the situation often gets worse at the beginning. If a child is subjected to a criminal trial where an offender pleads not guilty, this also can be very traumatic. The real damage, however, is done over years to the childs integrity ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 17 of 18 and, if not stopped, would produce an unproductive, unhappy, unhealthy, adult. With therapeutic intervention and help for these children, they can lead normal lives after the crisis of disclosure. 9. What will happen to my relationship with the family if I report? What is your relationship with the family now? Who are you trying to protect, and who is protecting the child? Who is your main concern? Obviously, the child has to be your main concern and protection for the child can only come from concerned adults such as yourself. 10. Isnt the growing publicity about child sexual abuse adversely affecting our normal adult-child relationships? Absolutely not. Based on the increased number of child abuse reports, we may conclude that increased public awareness is having a dramatic impact for which the long term outcomes can only enhance the development of children. Abuse has been ongoing for centuries. Too often, adults have misused our young with no consequences. Improved adult-child relationships must be the norm, even though the high incidence of reported abuse indicates otherwise. In our society, it would be prudent to view children as vulnerable. 11. As a teacher, what if I suspect a colleague of abuse? The CFSA takes precedence over other legislation including the Teaching Profession Act (TPA) and its regulations. Regulation 18(1)(b) states that teachers must furnish a member with a copy in writing of an adverse report. In all cases where teachers report their suspicions of abuse of a child by a member of the Ontario Teachers Federation, they are advised to contact the provincial or local OECTA office for advice and direction in regard to compliance to 18(1)(b) as well as other issues. No teacher should advise his or her colleague of the report to the CAS before obtaining this advice. 12. How can the school be of help to an abused child? This is an extremely important concept for professional educators to understand. Child abuse is a betrayal of trust. In the long run, if not detected, it is very harmful to children. It deals with distorted relationships and the real harm done to children is that they form relationships that are diminished and distrustful, often leading to dysfunctional adult lifestyles. The schools role is to: believe the child when he/she reports abuse; support the child through the process by being a friend and showing that you care; get them help that they need to resolve their crisis; stand by them during their time of crisis; be aware of their emotional needs at this time. ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD POLICIES AND PROCEDURES SECTION 3: STUDENTS
Policy 3.13, Page 18 of 18 APPENDIX F COMMUNITY RESOURCES
RESOURCE AGENCIES FOR THE PROTECTION OF CHILDREN: RESOURCE AGENCIES FOR THE TREATMENT OF CHILDREN: Sarnia-Lambton Childrens Aid Society 161 Kendall Street Point Edward, Ontario N7V 4G6 336-0623 Fax: 336-7541 Chatham-Kent Childrens Services 435 Grand Avenue West, P.O. Box 157 Chatham, Ontario N7M 5K3 352-0440 Fax: 352-4152 Sarnia Police 555 N. Christina Street Sarnia, Ontario N7T 7X6 344-8861 Ontario Provincial Police 4218 Oil Heritage Road Petrolia, Ontario N0N 1H0 882-1011 Chatham-Kent Police P.O. Box 366 Chatham, Ontario N7M 5K5 352-1234 Ontario Provincial Police 535 Park Avenue East Chatham Ontario N7M 1X1 352-1122 Family Counselling Centre 1086 Modeland Road Sarnia, Ontario N7T 7H2 336-0120 St. Clair Child and Youth Services 129 Kendall Street Point Edward, Ontario N7V 4G6 337-3701 Kent Family Services 750 Richmond Street Chatham, Ontario N7M 5J 5 354-6221 Chatham-Kent Integrated Childrens Services Pearson Campus 639 Grand Avenue West, Suite #435 Chatham, Ontario N7L 1C5 351-2000 Chatham-Kent Integrated Childrens Services Heritage Campus 425 McNaughton Avenue West Chatham, Ontario N7L 4K4 351-8454
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