Child Protection: How you can help a friend in need

Daniel is fourteen years old and in grade nine.  He is on his school’s junior basketball team, and practices in the mornings before school.  One morning Daniel and his teammates are in the change room, suiting up for their basketball practice.  They are all talking about an upcoming game against their rival school.  Daniel’s friend Eric is changing next to him.  When Eric is changing into his basketball jersey, Daniel notices a huge bruise on Eric’s shoulder.  Daniel asks him about it and Eric immediately says, “Oh it’s nothing. I’m such a klutz – I fell down the stairs yesterday!”  With that Eric finishes changing at lightning speed and practically runs out into the gym, away from Daniel.  Daniel gets an uneasy feeling in his stomach.

At the end of the day, Daniel and Eric walk home from school together.  At first Daniel keeps the conversation light, talking about class and their upcoming basketball game.  But Daniel can’t shake the uneasy feeling about what had happened that morning.  Daniel decides to bring up the subject with Eric.

“Eric, that bruise on your shoulder looks pretty bad.”

Eric’s walk slows, but he responds, “Oh, it’s nothing.  It doesn’t hurt that bad.  It was my fault, I fell on the ice at hockey practice last night.”

“But this morning you said that you fell down the stairs.” 

“Yah…  I fell down the stairs and I tripped on the ice – I’m a klutz.  Drop it.”

Daniel doesn’t want to drop it.  He has a terrible feeling and asks, “Eric, did someone give you that bruise?”  Eric won’t make eye contact with Daniel and doesn’t answer the question.   Daniel says, “I’m just worried.  Are you okay?”

Eric asks Daniel if he can keep a secret; Daniel says, “Of course.”  Eric then confesses to Daniel that the bruise wasn’t an accident.  His stepfather got angry last night when Eric forgot to unload the dishwasher, and he hit him. 

“Eric, that’s not a reason for him to hit you.  You should tell your mom… or Mrs. Matthews the principal.  I’m sure that one of them can help.”

Eric responds, “Look it was my fault.  It’s always my fault!  I should have unloaded the dishwasher.  I always forget to do stuff, and if I didn’t he wouldn’t have to remind me!  I just have to be better.  I’m not telling anyone.  And you promised you wouldn’t say anything!”

Daniel says, “Yah I promised, but…”

“No ‘buts’! You promised!”

“Okay, okay.  I won’t say anything.”  Daniel promises. 

That night, Daniel wants to talk to his parents about what Eric said, but he is afraid that he will get in trouble, or that he’ll get Eric in trouble.  And he doesn’t want to break Eric’s trust.

http://www.papsyblog.org/2011/11/doctors-might-miss-some-cases-of-child.html

WHAT CAN DANIEL DO?

Daniel can tell his parents, or Mrs. Matthews the principal or one of the teachers about the information that Eric told him.  Abuse is harm that can take many different forms, including both words and physical actions. No person ever deserves abuse, and regardless of whether Eric forgot to do his daily chores or misbehaved, his stepfather has no right to hit him in anger. Eric needs to realize that it is not his fault and he by no means deserves the abuse from his stepfather. 

The adult that Daniel chooses to confide in about his concerns for Eric may talk to Eric to find out what is going on.  If this adult thinks that Eric is being abused then he/she has a legal duty to report the situation to the Children’s Aid Society (CAS).  The Children’s Aid Society is responsible for protecting children under the age of 16 from harm. CAS also works with families to help take better care of their children. According to Ontario law, every member of the public must contact CAS to report suspicions if they have reasonable grounds to believe that a child is being abused or neglected. The law defines the phrase "child in need of protection" and sets out what must be reported to a children's aid society, which includes physical, sexual and emotional abuse, neglect, and risk of harm. In this case, if Daniel speaks to an adult, the adult will have a duty to report suspicions of abuse (bruise on Eric’s shoulder and his explanation of it). CAS has the authority to investigate a situation if they are contacted.

IF CAS IS CONTACTED:

Once contacted, the CAS will do an initial screening of the report. The CAS worker will take some steps to decide whether CAS needs to become involved. If the CAS worker decides that the children are well cared for, then it may decide not to become involved. After the first step, screening, the CAS may decide to do a child protection investigation. If this happens, the CAS worker will visit Eric’s family home and talk to the family. They may also talk to other people, such as Eric’s teachers or neighbours. At the end of the investigation, they CAS worker may decide that the children are not in need of protection, and no further action will be taken. If, however, the CAS decides that the children are in need of protection, they will take steps to make sure the children are safe. This can include working with the family to try to address the issues and problems the family is facing. If the CAS feels there is no other way to keep the children safe, it can remove, or apprehend, the children. It is important to note that if a decision is made for you to be removed from your home against your parents wishes then the case would have to be heard in court. Children in Ontario have the right to lawyer from the Office of the Children's lawyer who would represent your best interests at court. 

NOTE:  Having involvement from a Child Protection Agency can be scary and overwhelming. It is important for a young person to know that they have rights and there are agencies that can help explain what is happening and offer support and advice. 

If live in Ontario and are under 18 and you have questions about child protection you can call us at Justice for Children and Youth for more information and legal advice at (416) 920–1633 or 1-866-999-5329. It is important to note that while most adults who Eric spoke to about his situation may have a legal obligation to report their suspicion/concern to the local child protection agency this rule does not apply to youth who contact a lawyer for legal advice. Most of the time, a lawyer will not be obligated to report a child protection concern.  If you want legal advice - call and we'd be happy to speak with you. 

Furthermore, if a local child protection agency has been contacted and you want added assistance the Office of the Provincial Advocate for Children and Youth has advocates who are happy to assist young people who want help advocating for their rights related to entering into care. You can contact them by calling 1-416-325-8326 or 1-800-263-2841.

To find more information or to contact your local Children’s Aid Society, please visit:

Ontario Association of Children’s Aid Societies: http://www.oacas.org/

Native Child and Family Services of Toronto: http://www.nativechild.org/

Catholic Children’s Aid Society of Toronto: http://www.torontoccas.org/

Jewish Family and Child: http://www.jfandcs.com/  

This blog scenario was written by Marsha Rampersaud, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.

Child Abuse and the Legal Obligation to Report

Blog scenario was written by JFCY volunteer and PLE Team Member Cydney Kim, a grade 11 student at UTS.  Legal info by JFCY. 

Ashley is a 14 year old student who has just started high school. After moving with her mom and her new step-father to another city, her school and neighborhood are both unfamiliar and daunting.  Luckily, she befriends Jasmine on the first day and soon begins to confide in her. The biggest challenge that Ashley faces is getting used to her new step-father. While she respects her mom’s decision to marry him, she finds it hard to warm up to him.

One day, Ashley accidentally breaks a plate while her mom is not home. Suddenly, her step-father begins to scold her. While it began as a lecture, it gets more heated until he harshly pushes her up against a wall, bruising her back. Later that day, he approaches her and apologizes, claiming that he acted out rashly in a moment of anger. However, it doesn’t stop there. These incidents of physical abuse grow more frequent and Ashley begins to fear going home. Not wanting to end her mother’s marriage, she doesn’t tell her mother and keeps it to herself. After all, her step-father always apologizes to her afterwards.

                

However, her friend Jasmine soon realizes that something is wrong when Ashley begins to come to school with bruises on her arms and worried expressions. Eventually Ashley explains how she received the bruises but brushes the situation aside; saying that her step-father didn’t mean it and that time would solve the problem. As Ashley walks away, Jasmine realizes that these incidents will only grow worse if nothing is done.

What can Jasmine do?

Legal Information

This blog post covers what happens when someone suspects that a child is being harmed or is unsafe at home, and the beginning of the process where child protection services become involved with a family.  It does not describe what happens after the first court hearing if a child is removed from home.  For more information about child welfare court from a young person’s perspective, check out this JFCY pamphlet.  For information for parents and guardians on child protection, check out Family Law Education for Women’s page on child protection.

If Jasmine is concerned about Ashley, she can talk to a teacher or other trusted adult.

Jasmine can tell an adult that she thinks that Ashley may be suffering from abuse at home.  For example, she can tell one of their teachers. Abuse is harm that can take many different forms, including both words and physical actions. Many times, abuse takes place between people who are in close relationships, like people in a sexual relationship or a parent and child.  This can make abuse very difficult to discuss and respond to.  However, no person ever deserves abuse, and regardless of whether Ashley broken things or misbehaved, her step-father has no right to hit her in anger.  For more info on the laws around physical punishment (or “spanking”) click here.  

The adult that Jasmine confides in about her concerns for Ashley may talk to Ashley to find out what is going on.  If this adult thinks that Ashley is being abused then that person has a legal duty to report the situation to the Children’s Aid Society (CAS).  According to Ontario law, every member of the public must contact CAS if they have reasonable grounds to believe that a child is being abused or neglected.  CAS has the authority to investigate situations after they are contacted. This means that CAS will get in touch with the family to find out what is happening.  If necessary, they may act to make sure that the child is safe. 

For more info on what happens once that CAS is involved with a family see our earlier post here.

Abuse at home - how can I get help?

Maria is twelve years old. Her mother has just married Craig. Maria has a good relationship with her mom, but is becoming aware her mother could be in an unhealthy relationship. Craig swears a lot and calls her mother inappropriate words. Before the marriage, Craig had hit her mom on several occasions and her mom tried to leave. Maria’s mom told her that she has chosen to be with Craig due to her financial situation.

Since the marriage, Craig has moved into the household. Maria is rebellious about this new adjustment as she does not like Craig. Maria’s mom has not told anyone about Craig’s abuse and has told Maria not to tell anyone. At this point, Craig has never physically hit Maria but has been verbally abusive.

However, one night, Maria’s mom is not home because she is working a night shift. Craig, who has cooked dinner for Maria, is telling her to come eat food. Maria expresses that she is not hungry and does not want to eat. Craig becomes agitated at this and orders her to eat her dinner. He yells at her and calls inappropriate words such as “stupid brat” and even threatens her with “if you don’t eat I am going to kill you.”

Maria has now become frightened about the current situation. She decides to hide in the attic of the house. Craig is unable to control his anger.  He eventually finds Maria and hits her.  He leaves bruises on her body. Craig also threatens Maria not to tell her mother or he “will kill her.”

Maria, unsure as to what to do, decides to tell her mother when Craig is not home. However, her mother does not believe she is telling the truth. Maria has reasons to believe that Craig would hit her again when her mother is not home. Over a few months, this abuse persists when Maria’s mother is not home, leaving Maria scared and unsure as to what to do. Her mom continues not to believe her, leaving Maria left to deal with her abuse alone.

Maria considers telling her teacher at school about this abuse, but is unsure as to what can be done.  She does not want to continue living in a place where she feels unsafe.

Legal Information

This blog post covers what happens when a child feels unsafe at home, and the beginning of the process where child protection services become involved with a family.  It does not describe what happens after the first court hearing if a child is removed from home.  For more information about child welfare court from a young person’s perspective, check out this JFCY pamphlet.  For information for parents and guardians on child protection, check out Family Law Education for Women’s page on child protection.

If Maria feels unsafe at home, who can she contact?

Maria has been abused by Craig.  Abuse is harm that can take many different forms, including both words and physical actions.  Many times, abuse takes place between people who are in close relationships, like people in a sexual relationship or a parent and child.  This can make abuse very difficult to discuss and respond to.  However, no person ever deserves abuse, and regardless of whether Maria has argued with or disobeyed Craig, he has no right to hit her.

If Maria tells her teacher or another adult about the abuse, that person has a legal duty to report the situation to the Children’s Aid Society (CAS).  According to Ontario law, every member of the public must contact CAS if they have reasonable grounds to believe that a child is being abused or neglected.  CAS has the authority to investigate situations after they are contacted. This means that CAS will get in touch with the family to find out what is happening.  If necessary, they may act to make sure that the child is safe.  Even if Maria does not tell her teacher, she can contact CAS herself.

The next section discusses what happens if CAS gets involved with Maria’s family.  However, if CAS does not think that Maria needs protection, and Maria disagrees, she can apply to the court to get protection.  This is an option available to young people under 16, and it is called a “third party application.”

What happens when CAS gets involved with a family?

When CAS is contacted about child abuse, it will do an initial screening to decide whether it needs to become involved with a family.  After this screening, it may decide that the child is well cared for and that CAS doesn’t need to be involved.  It may also decide to investigate.  CAS will most likely decide to investigate in Maria’s case, and they will visit her home to talk to her, her mom, and Craig.  CAS may also talk to people lilke Maria’s teachers or the family’s neighbours.  The goal of the investigation is to determine whether Maria is in need of protection.  The fact that Craig has hit Maria is a good reason for CAS to see her as needing protection, and so is the fact that she has seen Craig hitting her mom at home.

If CAS finds that Maria needs protection, it will work with her, her mom, and Craig to solve the problem.  CAS tries not to disrupt families more than necessary , which means that Maria may be able to stay at home with her mom.  However, it will be very important for Maria’s mom to get a lawyer to help her as soon as CAS becomes involved with Maria’s family.  When CAS works with a family to ensure that a child is safe, they will ask the family to sign an agreement called a Plan of Service.  The agreement sets out exactly what is required to make sure that the child is safe.  What is in the plan will depend on what CAS sees as necessary for Maria’s safety.  If Maria’s mom is unwilling to sign the Plan of Service, or she does not follow its conditions, CAS may take Maria from her home.  For example, if CAS does not think Maria will be safe around Craig, and Maria’s mom will not consider living without Craig, this could mean that Maria can no longer live at home.  CAS has the authority to make this decision.

If CAS decides that Maria cannot live at home, they can place her with a family member, in a foster home, or in a group home.  CAS may also call the police to tell them about the abuse.  The police could lay criminal charges against Craig for assaulting Maria.  Assault is a crime that happens when one person touches another person without that person’s permission.  It is possible that Maria’s mom could also face criminal charges if the police feel that she helped Craig with the abuse or failed to properly care for Maria.

What happens if Maria is removed from her home?

If Maria is taken from home without her mom’s consent, there will be a child protection hearing in fewer than five days after removal.  A hearing is when the information in a case is heard by a judge.  The judge decides what will happen next – if Maria will go back home or if she will stay in her temporary living place.  At this hearing, a judge will decide whether Maria will continue to stay where she is placed and what will happen next.  This is NOT the final decision about where Maria will live. There will probably be a very long process until the situation is completely resolved.  Maria’s wishes will always be considered.  The judge may decide that Maria needs a lawyer, who will be appointed by the Office of the Children’s Lawyer, which is part of Ontario's Ministry of the Attorney-General.  This lawyer will represent her in the child protection process, and will talk to Maria about options available to her.  If Maria doesn’t have a lawyer, and feels she needs one, she can talk to the CAS worker who is responsible for her case.

Blog scenario by PLE Team Member and Volunteer Tracy Chen.  Legal information by JFCY.