Definitions
1. Worker: any employee or volunteer involved in a church related activity or event.
2. Child: “except where a contrary intention is expressed, an unmarried person actually or apparently under 16 years of age;” (Chapter C-7.2, 2d, Child and Family Services Act of Saskatchewan).
In Saskatchewan the age of majority is 18 years of age.
3. Vulnerable person: For the purposes of screening the most relevant definition is found in the (federal) Criminal Records Act which defines vulnerable members of society as:
a) "a person who, because of his or her age, a disability, or other circumstances, whether temporary or permanent:
i) is in a position of dependency on others; or
ii) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them."
https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/scrnng-hndbk/index-en.aspx
4. Need of Protection: A vulnerable person is in Need of Protection when
a) As a result of action, neglect or omission by a parent, guardian or care-giver:
i) the individual has suffered or is likely to suffer physical harm;
ii) the individual has suffered or is likely to suffer a serious impairment of mental or emotional functioning;
iii) the individual has been or is likely to be exposed to harmful interaction for sexual purpose, including involvement in prostitution and including contact that may amount to an offence within the meaning of the Criminal Code;
iv) medical, surgical, or other recognized remedial care of treatment that is considered essential by a duly qualified medical practitioner has not been or is likely not to be provided to the individual;
v) the individual's development is likely to be seriously impaired by failure to remedy a mental, emotional or developmental condition; or
vi) the individual has been exposed to domestic violence or severe domestic disharmony that is likely to result in physical or emotional harm to the individual;
b) There is no adult person who is able and willing to provide for the individual's needs, and physical or emotional harm to the individual has occurred or is like to occur;
c) The individual is less than 12 years of age and there are reasonable and probable grounds to believe that:
i) the individual has committed an act that, if the individual were 12 years of age or more, would constitute an offence under the Criminal Code, The Narcotic Control Act (Canada) or Part III or IV of the Food and Drug Act (Canada); and
ii) family services are necessary to prevent a recurrence; and
iii) the individual's parent or guardian is unable or unwilling to provide for the child's needs.
(Part III, Section 11, Child and Family Services Act of Saskatchewan.)
5. Position of Trust: A position of trust or authority is created when an individual's relationship with someone else has any of the following characteristics:
a) Decision-making power
b) Unsupervised access
c) Closeness inherent in the relationship
d) Personal nature of the activity itself
https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/scrnng-hndbk/index-en.aspx
6. Abuse: Abuse and neglect refers to circumstances that may be harmful to a child’s physical, emotional or psychological health.
a) Physical abuse: any action, including discipline, causing injury to the child’s body.
b) Sexual abuse: any action involving a child in sexual exploitation or sexual activity including touching, exposure, using a child in making or viewing pornography.
c) Emotional maltreatment: expecting a child to be able to do things he or she cannot do, embarrassing or insulting a child, making hurtful comments about a child’s appearance, intelligence, size, ability, etc.
d) Negligence: When someone is harmed as a result of the action or inaction of another person (organization), in breach of the standard of care, the charge most often made is that the responsible person had been negligent, that he or she (or the organization) failed to exercise the reasonable care that a prudent person would have exercised under the circumstance. https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/scrnng-hndbk/index-en.aspx
“Neglect” means failure of those responsible for the care of a vulnerable person to meet the physical and emotional needs to an extent that the person’s health, development or safety is endangered.
e) Domestic violence: exposing a child to a pattern of abusive behaviour or threats of abusive behaviour by one adult against another adult or child (hitting, kicking, restraining, slapping, throwing objects, intimidation, stalking, etc.).
7. Harassment: is a form of discrimination. It involves any unwanted physical or verbal behaviour that offends or humiliates you. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment.
a) Harassment occurs when someone
i) makes unwelcome remarks or jokes about your race, religion, sex, age, disability or any other of the grounds of discrimination;
ii) threatens or intimidates you because of your race, religion, sex, age, disability or any other of the grounds of discrimination;
iii) makes unwelcome physical contact with you, such as touching, patting, or pinching.
https://www.chrc-ccdp.gc.ca/eng/content/what-harassment-1
8. Identifying abuse
a) Signals of Possible Abuse with a Potential Victim
Those who work in settings with vulnerable people should become familiar with the possible indicators of abuse typically portrayed by victims. Obviously, however, one must proceed with caution in this area, because the same signals which are consistent with abuse can often be consistent with a great many other life-related problems. Rarely is one indicator conclusive proof that a vulnerable person has been harmed. In most instances, they will present with a cluster of behavioral and physical indicators. When considered in conjunction with other possible indicators of abuse, however, the staff member may suspect abuse and need to make a report.
b) Signals of Possible Abuse within your Ministry
The following are observable actions in those who could be engaged in sexual abuse:
i) An adult treating a particular vulnerable person with extreme favoritism.
ii) The "accidental" touching of a vulnerable person's private parts or the rubbing of one's body against the person.
iii) The suggestions that an adult should see and/or touch the vulnerable person's body to monitor development.
iv) The "accidental" intrusion of an adult into the bathroom when a vulnerable person is undressed or a failure to respect the vulnerable person's right to privacy.
v) An adult's suggestions to a vulnerable person that he or she is involved in sexual activities with others.
vi) An adult's attempt to teach a vulnerable person about sex education by displaying pornography, showing off his or her body, or touching the vulnerable person's body.
vii) An adult's use of sexually suggestive language while referring to the vulnerable person's body.
viii) An adult's description of her/his sexual exploits to a vulnerable person.
ix) An adult's warning a vulnerable person not to tell anyone about the things that happened or were discussed between them.
x) An adult's "accidental" removal or opening of some or all of his/her clothing in the presence of a vulnerable person.
http://publications.gov.sk.ca/documents/17/16895-Child-Protection-factsheet.pdf
9. Risk Management: Identifying, eliminating, reducing, and transferring the risks associated with your operations and programs. (Ken Hall, Risk Management presentation CD with Robertson Hall Insurance Inc)
a) As risk increases, supervision should also increase
b) Risk increases as isolation increases
c) Risk increases as accountability decreases
d) Risk increases when there is an imbalance of power, authority, influence and control between a potential abuser and a potential victim. (Plan to Protect 2016, p85)
10. Liability: An organization's liability refers to their legal responsibility in a given situation. If they are found to be legally responsible, or held liable, for any harm done to someone then they may be required to pay for damages caused. Board members of an organization may ask what their liability is in a certain situation, meaning what their legal exposure is.
https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/scrnng-hndbk/index-en.aspx
11. Allegation: a claim of abuse. We observe, document and report, but don’t interview, interrogate, judge or disrespect any party involved. The authorities are trained to handle the rest.
12. Reasonable and Prudent Person Standard:
a) What are the risks involved in a situation?
b) What would a reasonable person of average judgment, skill, and experience, be expected to do or not do under these circumstances?
c) What consequences of an action or lack of action would a reasonable person be expected to foresee?
13. Due Diligence: our defense in a civil court isn't that the event didn't happen, it is that as leaders of the organization we demonstrated due diligence: we checked into the things we could check, we acted on that information. That is our defense. From a legal standpoint there are 2 kinds of knowledge:
a) Actual knowledge – if you know and didn't act prior to a negative consequence, you're liable.
b) Implied knowledge - you should have known, or made an effort to find out (i.e. criminal record check)
In civil court the 2 kinds of knowledge are equal. You are held to the same legal standard on either. (Ken Hall, Risk Management presentation CD with Robertson Hall Insurance Inc)
14. Duty to Report - The Saskatchewan Child Abuse Protocol makes clear that all citizens have a “Duty to Report” (not investigate) suspicions of child abuse and neglect. Failure by any person to report suspected child abuse may result in legal or professional consequences. http://publications.gov.sk.ca/documents/17/18812-Saskatchewan-Child-Abuse-Protocol-2017.pdf
a) As a member of our church - Any suspicions or allegations of abuse must be brought to the Lead Pastor or Administration Board Chair. They will document the pertinent details and immediately inform the appropriate authorities.
b) As a member of the community — If you believe a child may be neglected or abused, you have a legal responsibility to report your concerns. You may report them to your nearest Ministry of Social Services office, First Nations Child and Family Services Agency or local police/RCMP.
A person reporting suspected neglect or abuse is not required to provide their name.
http://publications.gov.sk.ca/documents/17/16895-Child-Protection-factsheet.pdf
See Section on Reporting/Responding for more details.
