Duty to Report Child Abuse in Ontario: Who Must Call CAS

If you are a teacher, health care worker, neighbour or relative, you may wonder where your legal duty to report begins. In Ontario the duty is broader than many people expect, and it applies to everyone, not just professionals.

This article explains who must report, what triggers the duty, what the penalties are, and the main exceptions. It is general information and not advice on a specific situation.

Who must report

Under section 125(1) of the Child, Youth and Family Services Act (CYFSA), anyone who has reasonable grounds to suspect that a child is or may be in need of protection must immediately report the suspicion, and the information it is based on, directly to a children's aid society. The duty continues if new grounds arise.

The test is suspicion on reasonable grounds. You do not need proof, and you are not expected to investigate. Societies have the exclusive mandate to investigate.

What counts as a child in need of protection

The Act sets out specific grounds. Some of the main ones are:

• Physical harm, or a risk of likely physical harm, inflicted by the person having charge of the child, or caused by that person's failure to adequately care for, provide for, supervise or protect the child, or by a pattern of neglect.
• Serious emotional harm such as anxiety, depression, withdrawal, self-destructive or aggressive behaviour, or delayed development caused by a parent's actions, failure to act or pattern of neglect, or a risk of such harm.
• A mental, emotional or developmental condition that could seriously impair development where the parent does not provide, refuses or is unable to consent to treatment.

Exposure to domestic violence is not listed as a separate ground. It is assessed under the harm and risk-of-harm grounds. Discipline can also matter: the Criminal Code justifies force by way of correction only if it does not exceed what is reasonable under the circumstances, and force causing physical harm can still make a child in need of protection.

Penalties for professionals who do not report

Professionals, including health care professionals, social workers and teachers, who fail to report a suspicion based on information from their professional duties commit an offence, punishable by a fine of up to $5,000.

The duty overrides confidentiality and the Personal Health Information Protection Act (PHIPA). In other words, a professional generally cannot rely on a confidentiality obligation or PHIPA as a reason to stay silent, but the duty does not override solicitor-client privilege between a lawyer and client.

Exceptions to know about

• Solicitor-client privilege: the duty to report does not override privilege between a lawyer and client, so communications with your own lawyer stay privileged.
• Youth aged 16 or 17: the mandatory duty does not apply to children of those ages, unless a listed ground or a prescribed circumstance applies.
• Confidentiality is not an exception: the duty overrides confidentiality and PHIPA, so a professional generally cannot rely on them as a reason to stay silent. Whether anything else limits the duty in your situation depends on the facts, so it is worth confirming with a lawyer.

If you are unsure whether an exception fits your situation, a lawyer can confirm before you decide not to report.

What happens after you report, and what to do next

After a report, a society worker assesses risk and urgency using the Ontario Child Welfare Eligibility Spectrum, and an investigation takes place where there are reasonable and probable grounds. You report the suspicion; the society decides what follows.

• Report right away to your local children's aid society. Do not wait for more proof.
• Share the information your suspicion is based on: what you saw or heard, dates and who was involved.
• Do not investigate or confront the family yourself.
• If new concerns arise later, report again, because the duty continues.
• If you are a professional with doubts about your obligations, speak to your employer's policy contact or a lawyer.

If you are a parent worried that a report may be made about you, or you are involved in a child protection matter, a lawyer can explain your rights and options.

Frequently asked questions