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Board Policy #610.0 Reporting Children and Youth in Need of Protection

1. Policy Statement

The Board is committed to continuously increasing student achievement and well-being through a culture of caring and learning as outlined in the Multi-Year Plan. This policy ensures that all staff and volunteers are aware of the legal responsibility to report concerns and work collaboratively with child protection agencies to ensure that reporting occurs in a timely and appropriate manner. The York Region District School Board (YRDSB) respects that legislation, namely the Child, Youth and Family Services Act, 2017, requires all staff and volunteers to report any concerns or suspicions with respect to the harming of children or youth by parents and other caregivers.

2. Application

The Child, Youth and Family Services Act outlines requirements regarding staff and volunteer duty to report. Requirements include;

1. they must report in instances where they have a child protection concern for a child or youth under 16 years of age; and

2. they may report in instances where they have a child protection concern for a youth 16 and 17 years of age.

3. Definitions

3.1 Child Protection Concerns

Situations where a child or youth has suffered, or where there is a risk that the child or youth will suffer, physical, sexual or emotional harm or neglect by a caregiver or adult.

3.2 Child Protection Agencies

Organizations responsible for investigating and responding to child protection concerns.

4. Responsibilities

4.1 The Board of Trustees is responsible for:

1. reviewing the Reporting Children and Youth in Need of Protection policy in accordance with the priorities in the Multi-Year Plan and the approved policy review cycle; and

2. understanding and communicating with members of the community about the Reporting Children and Youth in Need of Protection policy, as required.

4.2 The Director of Education is responsible for:

1. implementing and operationalizing the Reporting Children and Youth in Need of Protection policy.

5. Legislative Context

Child and Family Services Act, 2001, Section 72 

Child, Youth and Family Services Act, 2017

Municipal Freedom of Information and Protection of Privacy Act

6. Department

Student Services

7. History

Approved 2011

Working Document: March 2017

Revised: April 2018

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Board Procedure #610.0 Reporting Children and Youth in Need of Protection

This procedure outlines the steps to be taken when child and youth protection concerns are identified.

If a child protection worker, who is attempting to investigate a child protection concern, is unable to locate a child or youth, privacy legislation allows for school boards to provide information that will assist in locating the child or youth.

The Board will not disclose personal information in its custody or under its control except, if the disclosure is made to an officer, employee, consultant or agent of the institution who needs the record in the performance of their duties and if the disclosure is necessary and proper in the discharge of the institution’s functions as per Municipal Freedom of Information and Protection of Privacy Act.

1. Responsibilities

1.1 The Director of Education shall:

1. allocate staff and resources to support the Reporting Children and Youth in Need of Protection procedure.

1.2 The Associate Directors of Education, Coordinating Superintendent of Education and Superintendents of Education shall:

1. support schools in the implementation of the Reporting Children and Youth in Need of Protection policy and procedure.

1.3 Principals shall:

1. ensure that all school staff and volunteers are trained yearly of the requirements of the Child, Youth and Family Services Act to report any situations or suspicions of a child protection concern;

2. support school staff and volunteers in reporting child protection concerns for students under 16 years of age immediately;

3. support school staff and volunteers who may report child protection;

4. not deter staff or volunteers from making a report;

5. ensure that staff and volunteers complete a Record of Consultation with a child protection agency;

6. if a child protection agency wishes to interview a child or youth on school premises, ensure that the Notice to Principal concerning access/interview of a student on school premises by the child protection agency is completed by a child protection worker. The child protection agency will determine if police presence is required;

7. provide a private room for the interview;

8. take direction from the child protection agency about having a support person from the school present during the interview;

9. if a child or youth is removed from school by a child protection agency, have the child protection worker complete the Notice to Principal concerning the removal of a student under the provisions of the CYFSA;

10. ensure that all records are kept in a confidential file outside of the Ontario Student Record (OSR);

11. send the Record of Consultation with the child protection agency to the receiving principal separately from the OSR if the child transfers schools, either to secondary school or new school; and

12. consult with the superintendent of schools, if situation is out of the ordinary.

1.4 Student Services Staff shall:

1. contact child protection agencies directly to report concerns;

2. document and preserve their own notes with regards to the concerns; and

3. share pertinent information with the principal regarding the report.

1.5 Staff and volunteers shall:

1. in the case of direct disclosures from students, ensure that the child or youth is appropriately supported and reassured;

2. for students under 16 years of age, staff must inform the principal or designate of the need to make a report to a child protection agency so the call can be made immediately and coverage can be provided for the staff person or volunteer if necessary; for students 16 and 17 years of age, staff or volunteers may report for students whom have made a disclosure or are believed to be in need of protection;

3. for students 16 and 17 years of age, staff or volunteers may inform the principal or designate of the need to make a report to a child protection agency so that a call can be made immediately and coverage can be provided for the staff person or volunteer if necessary;

4. when contacting the child protection agency, staff and volunteers may request that their identity be kept confidential but will still need to provide their name and contact information for the child protection agency’s records (Child protection agencies will do their best to maintain the confidentiality of the caller unless the matter is pursued in family/criminal court);

5. provide the child protection agency with reason for concern as well as any other relevant information, such as child or youth’s behaviour, previous communication with parents/guardians, family’s strengths/supports;

6. maintain clear, concise objective notes including documentation of any injuries;

7. in situations where the staff person or volunteer is not certain if the situation warrants a report, child protection agencies should be consulted with regards to the information and to determine if a report is necessary. In these situations, the principal or designate should be made aware by the reporting staff/volunteer;

8. not contact the parents/guardians unless advised by the child protection agency;

9. not further investigate the concerns;

10. complete the Record of Report to a Child Protection Agency. Document the plan for the child protection agency to follow up, and ensure that the principal or designate is informed and provided the Record of Report to a Child Protection Agency; and

11. continue to report to the child protection agency any additional concerns.

1.6 Child Protection Workers shall:

1. contact the Administrative Assistant for Social Work and Attendance Services who will maintain a record of each request for information from a child protection agency;

2. provide their name and contact information;

3. confirm that they are involved in an active investigation regarding a child protection concern; and

4. provide the name and date of birth for the child or youth.

1.7 Administrative Assistant for Social Work and Attendance Services shall:

1. maintain a record of each request from a child protection agency; and provide the child protection agency with the current address, phone number and name of the student’s present or last attended school.

2. Department

Student Services

3. History

Replaced Procedure #610.0, Child Abuse Working Document March 2017

Revised 2001, 2011, April 2018