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Difference between revisions of "Children and the Law (3:XII)"
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Children and the Law (3:XII) (view source)
Revision as of 08:22, 4 August 2017
, 08:22, 4 August 2017→3. Duty to Report Need for Protection
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=== 3. Duty to Report Need for Protection === | === 3. Duty to Report Need for Protection === | ||
The ''CFCSA'' s 14(1) requires someone who believes a child is being or is likely to be physically harmed, sexually abused, or exploited to report the matter to the [http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development Ministry of Children and Family Development]. The [http://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse Helpline for Children] (310-1234) provides 24-hour access to social workers in case of an emergency. | The ''CFCSA'' s 14(1) requires that someone who believes a child is being or is likely to be physically harmed, sexually abused, or exploited to report the matter to the [http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development Ministry of Children and Family Development]. The [http://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse Helpline for Children] (310-1234) provides 24-hour access to social workers in case of an emergency. | ||
Reports to the Ministry are anonymous. No action lies against a person making a report unless it is made maliciously or without reasonable grounds. Failure to report cases of abuse or exploitation constitutes an offence (s 14(3)), even when the information was confidential or privileged, except for when the information was obtained through a solicitor-client relationship (s 14(2)). The Director under the ''CFCSA'' must assess the information reported (s 16). Case law has demonstrated that the duty of the director to act is actually broader than the legislated duty: see [http://canlii.ca/t/1dz13 ''BS v British Columbia'' (Director of Children, Family, and Community Services), [1998<nowiki>]</nowiki> 8 WWR 1 (BCCA)]. | Reports to the Ministry are anonymous. No action lies against a person making a report unless it is made maliciously or without reasonable grounds. Failure to report cases of abuse or exploitation constitutes an offence (s 14(3)), even when the information was confidential or privileged, except for when the information was obtained through a solicitor-client relationship (s 14(2)). The Director under the ''CFCSA'' must assess the information reported (s 16). Case law has demonstrated that the duty of the director to act is actually broader than the legislated duty: see [http://canlii.ca/t/1dz13 ''BS v British Columbia'' (Director of Children, Family, and Community Services), [1998<nowiki>]</nowiki> 8 WWR 1 (BCCA)]. | ||