JLI-P1 - Child Abuse

In accordance with the Child and Family Services Act, subsection 18(1), which states that “where a person has information that leads the person reasonably to believe that a child is or might be in need of protection as provided in Section 17, the person shall forthwith report the information.”  The following procedures shall govern the actions of persons employed by Prairie Spirit School Division with respect to Child Abuse. 

A.  Definitions

The following definitions are based upon those set forth in the Child and Family Services Act:

“Child” means a person under the age of majority.  (In Manitoba, this means eighteen years of age.)

“Child in need of protection” includes a child who is in need of protection where the life, health or emotional well-being of the child is endangered by the act or omission of a person.  Without restricting the generality of the foregoing, a child is in need of protection where the child:

a.  Is without adequate care, supervision or control;

b.  Is in the care, custody, control or charge of a person

i.  Who is unable or unwilling to provide adequate care, supervision, or control of the child, or

ii.  Whose conduct endangers or may endanger the life, health, or emotional well-being of the child, or

iii.  Who neglects or refuses to provide or obtain proper medical or other remedial care or treatment necessary for the health or well-being of the child, or refuses to permit such care or treatment to be provided to the child when the care is recommended by a duly qualified medical practitioner;

c.  Is abused or is in danger of abuse;

d.  Is beyond the control of a person who has the care, custody, control, or charge of the child;

e.  Is likely to suffer harm or injury due to the behaviour, condition, domestic environment, or associations of the child or of a person having care, custody, control, or charge of the child;

f.  Is subjected to aggression or sexual harassment that endangers the life, health, or emotional well-being of the child;

g.  Being under the age of 12 years, is left unattended and without reasonable provision being made for the supervision and safety of the child; or

h.  Is the subject or is about to become the subject, of an unlawful adoption under section 63 or of an unlawful sale under section 84.

“Abuse” means an act or omission by any person where the act or omission results in 

a.  Physical injury to the child,

b.  Emotional disability of a permanent nature in the child or is likely to result in such a disability, or

c.  Sexual exploitation of the child with or without the child’s consent.

“Sexual Abuse” means an exploitation of a child, whether consensual or not, for the sexual gratification of a parent or person in charge of the child and includes, but is not necessarily restricted to: sexual molestation, sexual assault, and the exploitation of the child for purposes of pornography or prostitution.

Sexual activity between children may constitute sexual abuse if the difference in ages between the children is so significant that the older is clearly taking sexual advantage of the younger.

“Emotional Abuse” means acts or omissions on the part of the parent or person in charge of the child, which acts or omissions include but are not restricted to:

i.  Any unwillingness or inability to provide appropriate care, control, affection, or stimulation for a child;

ii.  Making inappropriate demands upon a child;

iii..  Exposing a child to frequent family violence tending to produce permanent or long-term emotional disability, including:

• • • • • 1. Non-organic failure to thrive;

          2. Developmental retardation;

          3. Serious anxiety, depression, or withdrawal;

          4. Serious behavioural disturbances.

“A person in charge of a child” means a person responsible for a child’s welfare, and includes a guardian or person within the context of a family relationship or foster parent.

B.  Protection for informant

Subsection 18.1 of the Child and Family Services Act provides that no action lies against a person for providing information in good faith and in compliance with this Act.  The identity of the informant will not be disclosed to the family of the child, except as required within the judicial process.

“Family” means a child’s parent, step-parent, siblings, grandparent, aunt, uncle, cousin, guardian, person in loco parentis to a child, and a spouse of any of those persons.

C.  Procedures for reporting

a.  Where a person has information that a child is in need of protection or suspects child abuse, he or she shall inform the School Principal or designate of such suspicions and of the fact that a report is being made, and shall make an oral (telephone) report immediately to Child and Family Services.  

As follow-up to the oral report, the reporter shall submit a written version of the report as soon as possible thereafter, using the Follow-up to Oral Report of Suspected Child Abuse form (JLI-E).  This written report must be witnessed by the Principal or designate in order to indicate that he or she is aware that the report has been made.  This form must be submitted to the Superintendent as soon as possible thereafter.  No copies of this form shall be kept in the school.  The reporter may keep copies of their own notes in connection with the report.  However, they must be kept confidential in a safe location.

The Superintendent shall be notified by the Principal or designate in written form that a report was made to an authorized agency.

The legal responsibility to report lies with the person who suspects the abuse and the responsibility cannot be transferred.

b.  In situations where the person is unclear as to the meaning of “in need of protection” or “abuse”, after notifying the Principal, he or she shall inquire or consult with Child and Family Services.  The person shall indicate to Child and Family Services that the contact is for inquiry and/or consultation, and is to be distinguished from formal reporting.

As a result of this inquiry, if it is determined that there are insufficient grounds to proceed with a formal report, the person may request the Principal to arrange for case conferencing or for the provision of support services from the appropriate resource people.

c.  School staff shall not contact the child’s family, or the suspected perpetrators, or any other person to inform or to further investigate the cause or circumstances of the suspected abuse.  This is the role and responsibility of the authorized agency.

d.  Reports are to be made to any of the following authorized agencies:  Child and Family Services or R.C.M.P.  (see list following)

e.  The responsibility for investigation and follow-up lies with the authorized agencies, Child and Family Services or R.C.M.P.  The authorized agency is expected to inform the Principal of action taken regarding the report, at the earliest appropriate time.

D.  Information sharing and confidentiality

a.  To ensure that the best course of action is taken, the school shall cooperate with the authorized agencies and professionals in the mutual sharing of information necessary for the investigation and treatment process.

b.  With the exception of the transmittal to authorized persons of information necessary in the conduct of investigations and treatment, information related to the allegations or suspicions of child abuse is to be held in strict confidence.  In particular, any written records, notations or reports are to be considered confidential and are not to be placed in the child’s regular or cumulative record or in any other way allowed to become known to persons who have no legitimate need for such information.   See JS-R (Student Records)

E.  Communication and cooperation with community agencies

Since it is important to maintain cooperation among all elements of the community, the Superintendent shall ensure that such actions are taken as are thought necessary to pursue and maintain open channels of communication with Child and Family Service agencies and R.C.M.P. particularly with respect to:

a.  Development and maintenance of clear and mutual understanding of relative jurisdictions, roles and responsibilities;

b.  Identification of problems which exist or may arise in the working relations of school, police, and child and family services agency personnel; and,

c.  Development and implementation of specific procedures to solve or forestall such problems.

Staff Knowledge of Procedure

School Principals shall ensure that all members of their staffs are familiar with this procedure, and are adequately prepared, through periodic inservice presentations or other methods, to be alert to the signs of child abuse, and to be knowledgeable concerning reporting responsibilities and procedures.