Do I Have to Report Suspected Child Abuse to CAS in Ontario?

Maybe you have seen signs that a child is being hurt or neglected, and you are not sure whether it is your job to speak up. In Ontario, the law gives a clear answer for most situations, and it applies to ordinary people as well as professionals.

This article explains the duty to report under the Child, Youth and Family Services Act, 2017 (CYFSA). It covers who must report, how, what protection a reporter has, what the society does next, and how a reporter's identity can be kept private.

Who has to report, and when

Under section 125(1) of the CYFSA, anyone who has reasonable grounds to suspect that a child needs protection must immediately report that suspicion, and the information it is based on, to a society. The duty is not limited to professionals or to family members.

The test is reasonable grounds to suspect. You do not need proof, and you do not need to investigate first. Deciding what is true is the society's job after you report.

The grounds on which a child may be found in need of protection include physical harm inflicted by the person in charge of the child, or caused by that person's failure to care for or protect the child. They also include a risk that the child is likely to suffer physical harm or emotional harm.

How the report must be made

The report must be made directly. Under section 125(3), you may not rely on someone else to report for you. If you have your own suspicion, passing it to a colleague, friend or supervisor does not meet your duty.

The duty also applies even if the information is confidential or privileged. Having been told something in confidence is not, by itself, a reason to stay silent.

• Report your own suspicion yourself, not through another person.
• Report as soon as you have the suspicion, not after waiting to see what happens.
• Give the society the information your suspicion is based on.

Protection for people who report

No legal action can be brought against a person who reports under section 125. This is meant to let people report without fear of being sued.

There is an exception for malicious or groundless reports. The protection does not apply if the reporter acted maliciously or without reasonable grounds for the suspicion. A report made honestly, on real grounds, that later turns out to be unfounded is a different matter from one made in bad faith. If you are worried about your own position, a lawyer can review the facts with you.

What the society does after a report

Under section 126(1), a society that receives a report must, as soon as possible, carry out an assessment as prescribed and verify the reported information. A report is therefore the start of a process, not a finding that anything is wrong.

The society may interview the child inside or outside the home. The Ontario Child Protection Standards (2016) say the society can do this with or without the parent's or caregiver's knowledge or consent, depending on the circumstances, although getting the parents' agreement or giving them notice is preferable. In joint investigations with police where a parent or primary caregiver is the alleged abuser, parents and caregivers are generally not contacted before the child is interviewed.

Is the reporter's identity kept private?

A family can ask a society for its record about them. Under section 312(1)(d)(ii), a service provider such as a children's aid society may refuse access to a record if access could reasonably be expected to identify someone who was required by law to provide information, such as a person who reported under section 125.

Access may also be refused on other grounds. These include a risk of serious harm, identifying someone who gave information in confidence, privilege, or a record prepared mainly for a proceeding that has not ended.

Refusal is not always all or nothing. The person still has a right of access to any part of the record that can reasonably be severed from the part that is withheld. In practice, a family may receive some of the record with identifying details left out.

What to do next

• If you suspect a child needs protection, contact a society yourself and do not wait for someone else to do it.
• Write down what you saw or heard and when, so you can describe it accurately.
• Do not investigate or confront the family first.
• If you are a parent who has been contacted by a society, consider getting legal advice about your rights and next steps.
• If you have asked for a record and were refused, ask a lawyer whether any part of it should be released to you.

Frequently asked questions