Post by litigator on Mar 13, 2007 11:16:41 GMT -5
Lets hear back from everyone on this one. I asked the Ministry of Children and Youth Services for the guidelines that the CAS must follow when recommending someones name be placed on the child abuse registry. I will post some excerpts below. What a horror story. Talk about no burden of proof required. This document is full of weak excuses to report you.
Normally, the situation which needs reporting is one in which there is a perceived pattern of abusive behaviour. The worker needs to judge whether the indicators of abuse and/or the profiles of abuse in the caregiver are sufficiently present. A single outburst of temper might result in an isolated incident of a relatively minor nature which is not necessarily symptomatic of a condition of abuse. Alternatively, it could indicate a situation where there is ongoing potential for child abuse in that the caregiver cannot control his or her emotions. All injuries must be seen and interpreted within the context of the event(s) and the family situation as a whole.
Because of the broadness of the definition of child abuse and mandatory reporting in the legislation, it is very important that the report be on a condition of abuse and not just a minor isolated incident. The situation should be serious enough to warrant a report to the Child Abuse Register and should not be just a single accidental injury. This is not to say that intent is a necessary prerequisite for abuse to exist. An irresponsible. neglectful parent who fails. to prevent abuse to his/her child may not "intend" any harm but should still be registered.
In any case where the alleged abuser is not the parent or guardian, thought should be given to whether the parent/guardian should also be registered as a permitter of the abuse. It is not necessary to wait until there is visible injury inflicted for abuse to be reportable. Continued threats of harm or punishment to the child may create a condition of emotional abuse which should be reported to the Register. Similarly a series of minor incidents, any of which in isolation might not be. considered .abuse may, when considered together, constitute a condition of abuse. It is not uncommon for more than one type of child abuse to coexist.Victims of physical or sexual abuse often suffer psychological trauma as well. While generally the reporting provisions are designed to identify and track adults who abuse children, there are times when a child may abuse another child either sexually or physically under circumstances which replicate
the dynamics of child abuse by an adult. If there is a significant age or size difference between the two children, and the incident is a serious one, it may be appropriate to place the name of the older child on the Register. Under circumstances such as these, if the adult in charge of either child knows about the abusive behaviour and does nothing, he/she may be reported as the permitter of the abuse. "Passive abuse" or the failure to protect the child should not be forgotten as a basis for reporting to the Register. The caregiver who subjects. a child. to a series of abusive adults may constitute a greater risk to the safety of that child than each of the individual perpetrators.
o It is important to remember that the preceding discussion relates to child abuse in the context of the reporting laws. The duty to report certain cases of child abuse and the obligation to take immediate protective action on the child's behalf are separate and distinct responsibilities.The focus of the children's aid society must always be fixed on the protection of a child from immediate harm and the prevention of further or more serious harm.
Responsibility of the Children's Aid Societies in Reporting to the Child Abuse Register
Alleged abuse is "verified" and reportable to the Register once the Local Director of the Children's Aid Society (CAS), on the basis of his Society's investigation and consultation with other professionals (if appropriate) has reasonable grounds to believe that the child is or has been abused. The judgement as to whether to report to the Register is made after the verification procedure is completed. Verification does not, however, mean that the CAS must obtain proof beyond a reasonable doubt that abuse did occur. Even if the incident does not result in criminal or civil proceedings against the alleged abuser, or if charges are dismissed, it does not necessarily mean that the report was improper. There must, however, be a reasonable basis supported by evidence for the CAS opinion that the abuse occurred, although that reasonable basis may not always involve physical evidence that the abuse occurred.
Normally, the situation which needs reporting is one in which there is a perceived pattern of abusive behaviour. The worker needs to judge whether the indicators of abuse and/or the profiles of abuse in the caregiver are sufficiently present. A single outburst of temper might result in an isolated incident of a relatively minor nature which is not necessarily symptomatic of a condition of abuse. Alternatively, it could indicate a situation where there is ongoing potential for child abuse in that the caregiver cannot control his or her emotions. All injuries must be seen and interpreted within the context of the event(s) and the family situation as a whole.
Because of the broadness of the definition of child abuse and mandatory reporting in the legislation, it is very important that the report be on a condition of abuse and not just a minor isolated incident. The situation should be serious enough to warrant a report to the Child Abuse Register and should not be just a single accidental injury. This is not to say that intent is a necessary prerequisite for abuse to exist. An irresponsible. neglectful parent who fails. to prevent abuse to his/her child may not "intend" any harm but should still be registered.
In any case where the alleged abuser is not the parent or guardian, thought should be given to whether the parent/guardian should also be registered as a permitter of the abuse. It is not necessary to wait until there is visible injury inflicted for abuse to be reportable. Continued threats of harm or punishment to the child may create a condition of emotional abuse which should be reported to the Register. Similarly a series of minor incidents, any of which in isolation might not be. considered .abuse may, when considered together, constitute a condition of abuse. It is not uncommon for more than one type of child abuse to coexist.Victims of physical or sexual abuse often suffer psychological trauma as well. While generally the reporting provisions are designed to identify and track adults who abuse children, there are times when a child may abuse another child either sexually or physically under circumstances which replicate
the dynamics of child abuse by an adult. If there is a significant age or size difference between the two children, and the incident is a serious one, it may be appropriate to place the name of the older child on the Register. Under circumstances such as these, if the adult in charge of either child knows about the abusive behaviour and does nothing, he/she may be reported as the permitter of the abuse. "Passive abuse" or the failure to protect the child should not be forgotten as a basis for reporting to the Register. The caregiver who subjects. a child. to a series of abusive adults may constitute a greater risk to the safety of that child than each of the individual perpetrators.
o It is important to remember that the preceding discussion relates to child abuse in the context of the reporting laws. The duty to report certain cases of child abuse and the obligation to take immediate protective action on the child's behalf are separate and distinct responsibilities.The focus of the children's aid society must always be fixed on the protection of a child from immediate harm and the prevention of further or more serious harm.
Responsibility of the Children's Aid Societies in Reporting to the Child Abuse Register
Alleged abuse is "verified" and reportable to the Register once the Local Director of the Children's Aid Society (CAS), on the basis of his Society's investigation and consultation with other professionals (if appropriate) has reasonable grounds to believe that the child is or has been abused. The judgement as to whether to report to the Register is made after the verification procedure is completed. Verification does not, however, mean that the CAS must obtain proof beyond a reasonable doubt that abuse did occur. Even if the incident does not result in criminal or civil proceedings against the alleged abuser, or if charges are dismissed, it does not necessarily mean that the report was improper. There must, however, be a reasonable basis supported by evidence for the CAS opinion that the abuse occurred, although that reasonable basis may not always involve physical evidence that the abuse occurred.