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

 

1. Policy Statement

The York Region District School Board (“Board”) is committed to continuously increasing student achievement and well-being through a culture of caring and learning as outlined in the Multi-Year Strategic 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 Board respects that legislation, namely the Child, Youth and Family Services Act, 2017, requires all staff and volunteers to report any concerns related to the safety and well-being of children or youth.         

 

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. Responsibilities

 

3.1 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 Strategic 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.

 

3.2 The Director of Education is responsible for:

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

 

4. Definitions

 

4.1 Child Protection Concerns

1. 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.

 

4.2 Child Protection Agencies 

1. organizations responsible for investigating and responding to child protection concerns.

 

5. Contact

Student Services

 

6. History

Approved: 2011 

Working Document: March 2017 

Revised: April 2018, November 2022

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Board Procedure #610.1 Reporting Children and Youth in Need of Protection

 

1. Procedure Statement

The Board recognizes the inherent rights of all children to feel safe, be free of harm and protected. The Board acknowledges the harm that many communities have faced by the involvement of child protection agencies, including students and families with identities frequently overrepresented in these services.

The purpose of this procedure is to ensure that all Board staff and volunteers honour and contribute to a culture of safety and well-being in the prevention and recognition of child abuse. This procedure outlines the steps to be taken when child and youth protection concerns are identified, as staff and volunteers are vital members of the school community committing to protect the rights of all children and youth.

Board employees and volunteers must follow the procedures for reporting circumstances that fall under the scope of the Child, Youth and Family Services Act, 2017. In particular, the concerns that would initiate Board staff and volunteers to believe that a child or youth is or may be in need of protection.

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. 

 

2. Application

The Child, Youth and Family Services Act, 2017, 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;

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

3. Record of Report/Consultation regarding protection concerns for children under 16 years;

4. Record of Report/Consultation regarding protection concerns for youth 16 and 17 years;

5. Registering Children in Care;

6. Data Sharing with Children’s Aid Societies;

7. Notice to Principal Concerning Access/Interview of a Student on School Premises;

8. Notice to Principal Concerning the Removal of a Student Under the Provisions of the Child, Youth and Family Services Act;

9. Request to Register a Child in Care;

10. Flowchart for Understanding Reporting Protection Concerns for Children and Youth;

11. FAQ: Reporting for 16 and 17 Year Olds; and

12. FAQ: Reporting versus Consultation.

 

3. Responsibilities

 

3.1 The Director of Education shall:

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

 

3.2 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.

 

3.3 Principals shall:

1. ensure that all school staff and volunteers are trained yearly through compliance training of the requirements of the Child, Youth and Family Services Act, 2017, to report any potential situations or suspicions of a child protection concern;

2. support staff when potential concerns of a child protection nature are brought to your attention;

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

4. support school staff and volunteers who may report child protection concerns for youth aged 16 and 17;

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

6. ensure that staff and volunteers immediately complete the Record of Report/Consultation Regarding Protection Concerns for Children Under 16 or the Record of Report/Consultation Regarding Protection Concerns for Youth 16 and 17 on SSNET or by paper forms;

7. if a child protection agency wishes to interview a child or youth as part of conducting a child protection investigation 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 and stored on SSNET or by Student Services for paper forms. The child protection agency will determine if police presence is required and will advise when parents/caregivers can be made aware of the interview with the student;

8. provide a private room for the interview;

9. take direction from the child protection agency with consideration from the student about having a support person from the school present during the interview;

10. 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 Child, Youth and Family Services Act and advise when school board staff can communicate with the family/caregivers about the situation;

11. ensure that any additional records are submitted into SSNET or to Student Services for paper forms, for secure storage, and are not stored in  the Ontario Student Record (OSR)  or accessible to general school staff;

12. submit the Record of Report/Consultation Regarding Protection Concerns for Children Under 16 Years or Record of Report/Consultation Regarding Protection Concerns for Youth 16 and 17 Years for staff and volunteers where needed through SSNET or paper forms to Student Services for secure storage and retention;

13. consult with the superintendent of education, if you require additional support situation is out of the ordinary; and

14. consider whether the student may benefit from the support of Student Services professionals or additional community resources and offer to facilitate support.

 

3.4 Student Services Staff shall:

1. contact child protection agencies directly to report concerns;

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

3. complete Record of Report/Consultation Regarding Protection Concerns for Children Under 16 Years or Record of Report/Consultation Regarding Protection Concerns for Youth 16 and 17 Years in SSNET or by paper forms submitted to Student Services for secure storage and retention;

4. not contact the family/caregivers to notify that a call to a protection agency was made, unless directed to by a child protection agency; and

5. notify the principal of the report to a child protection agency and share pertinent information regarding the report.

 

3.5 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 will need to provide their name and contact information for the child protection agency’s records (child protection agencies will share that the call originated from the school, but will do their best to maintain the confidentiality of the identity 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/fact-based notes without including personal opinion; including documentation of any disclosures, injuries, or events of concern;

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 or Principal/Board Supervisor;

9. not further investigate the concerns;

10. complete the Record of Report/Consultation Regarding Protection Concerns for Children Under 16 Years or Record of Report/Consultation Regarding Protection Concerns for Youth 16 and 17 Years to a Child Protection Agency. Document the plan for the child protection agency to follow up, and ensure that the principal or designate/Board supervisor is informed and provided the Record of Report/Consultation for arrangements for storage and retention to be made; and

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

 

3.6 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.

 

3.7 Administrative Assistant for Social Work and Attendance Services shall:

1. maintain a record of each request from a child protection agency; and

2. provide the child protection agency with the current address, phone number and name of the student’s present or last attended school.

 

4. Contact

Student Services

 

5. History

Replaced Procedure #610.0, Child Abuse Working Document: March 2017

Working Document: March 2017

Revised: 2001, 2011, April 2018, November 2022