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Investigation of Suspected Child Abuse and Neglect
Fact Sheet for School and School Division Personnel
Overview:
Child abuse can have serious consequences for a child and is a criminal offence. Childrencan be in dangerifroles and responsibilities are not clearly understood and carried out. This includes sharing information in a timely and effective manner. The Saskatchewan Child Abuse Protocol explains the specific roles and responsibilities of each agency to ensure that no critical information goes unreported and that all parties understand their roles and responsibilities.
This fact sheet providesinformation for school division administrators, school-based administrators and teachers about what to expect in the event police attend or are called to the school concerning suspicion of child abuse and/or neglect. As well, it clarifies the different roles that police and child protection services play in investigating child abuse.
Saskatchewan’s Child Abuse Protocol:
The Saskatchewan Child Abuse Protocol defines what constitutes child abuse, neglect and exploitation based on The Child and Family Services Act and The Emergency Protection of Victims of Child Sexual Abuse and Exploitation Act. The Protocol also outlines roles and responsibilities of all service providers, and explains the process by which they must respond.
While this fact sheet is based on the updated Protocol (2014), it does not replace the responsibility of all school administrators, staff and volunteers to develop a thorough understanding of that document. It can be found at
All parties that are signatory to the Protocol (including police agencies and the ministries of Health, Justice, Education, Social Services)are requiredto share information with the appropriate authorities involved in child protection and policeinvestigations.[1]
Duty to Report:
The duty to report child abuse is a responsibility of eachindividual and cannot be delegatedtoanother person or overridden by other policy. Section 12 (1) of The Child and Family Services Act states, “every person who has reasonable grounds to believe that a child is in need of protection shall report the information to an officer or peace officer.” The duty to report overrides any duty to protect the privacy of students, parents and caregivers.
For example, if a school division administrative procedure requires school personnel to report suspicion of child abuse to the principal, rather than directly to the appropriate authority, this would be contrary to the requirements of The Child and Family Services Act and the Child Abuse Protocol. School personnel are required by law to first report to an appropriate authority; however, notifying the principal that a report has been made canhappen concurrently with the report to authoritiesor after.
Investigations:
The Child Abuse Protocol explains the differing roles of child protection and police investigations as follows:
After a report is made, child protection staff and police officers are responsible for the investigation of child abuse cases. Child protection staff will investigate to determine if there are reasonable grounds to find the child in need of protection. The police investigate to determine if a criminal offence has been committed and if there are reasonable and probable grounds to lay charges under the Criminal Code of Canada. (p. 7)
School division personnel, including principals and teachers,do not have the authority to investigate cases of child abuse and should not initiate any internal investigations prior to reporting the suspicion of abuse.
While police will always respond to reports of child abuse, not every report results in a formal investigation by police. Police generally do not initiate formal investigations unless there is evidence of a criminal act; however, reports to police will be fully investigated. If there is no evidence of criminal activity, police officers will file a general occurrence report as to the nature and conclusion of the call for service and will take no further action.
It may be appropriate for police or child protection staff to interview the child in the school setting without parental/caregiver consent, regardless of the source of the alleged abuse to ensure they obtain the information needed to protect the child. The child should be interviewed before the parents/caregivers are notified so that there is no opportunity to influence or to add to the distress of the child when telling his or her story.
School staffare encouraged to share information with child protection staff and the police. There are several provisions of The Local Authority Freedom of Information and Protection of Privacy Act that give the school division the discretion to share personal information of a child without parental consent. Information may be shared without consent in order to assist in obtaining services for the child, to determine eligibility for a program, to the police for purposes of enforcing a law or carrying out an investigation, and for any purpose where, in the opinion of the school division, “the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure”.
School staff are encouraged to follow up with the police and child protection staff to determine whether additional involvement of the school is required to provide information and support for the child by all agencies involved.
Police Responsibilities:
Municipal police services and the RCMP are primarily responsible for public safety and have a responsibility to:
- Receive reports of a child who may be in need of protection and potential offences against a child;
- Provide an emergency response to children who may be in need of protection;
- Investigate alleged criminal acts;
- Lay criminal charges; and,
- Provide victim services.
Timely reporting and information sharing with police and child and family agencies is critical to ensure evidence is protected, investigation procedures are followed, and the victim and the public are protected. In these circumstances, the law not only permits the sharing of information, it requires it.
School Division Responsibilities:
The roles and responsibilities of each person working in the school environment, whether they are staff, volunteers, or third-parties are to:
- Report all suspected cases of child abuse and neglect directly to the police, First Nations Child and Family Services Agency or Ministry of Social Services. The duty to report is a personal duty to report and cannot be delegated to another individual;
- Cooperate with police and child protection staff by providing access to information and the opportunity to speak to the child as appropriate;
- Provide education services appropriate to the child including support services if required; and,
- Share appropriate information with police and those involved in the investigation and follow up as necessary to ensure the child’s best interests are met.
Child Protection Services Responsibilities:
The Ministry of Social Services and First Nations Child and Family Services Agencies are responsible to:
- Receive and investigate reports of children who may be in need of protection from abuse;
- Assess a family’s ability to protect the child;
- Wherever it is safe to do so, provide support services to children and families, which may allow for the child to remain safely in the family home;
- Provide out-of-home care where support services to the family cannot maintain the child’s safety in the family home;
- Provide services to sexually exploited children and youth, according to The Emergency Protection of Victims of Child Sexual Abuse and Exploitation Act; and
- Share appropriate information with police and those involved in the investigation and follow-up as necessary to ensure the child’s best interests are met.
Procedures:
The police shall inform the Ministry of Social Services or First Nations Child and Family Services Agency at the time a report is received to identify if a child may be in need of protection. Upon completion of the investigation, the police will determine if charges will be laid against an individual or accused person(s).
Upon conclusion of the investigation, if a child is found to be in need of protection by child protection services, the Ministry of Social Services is required to either offer the family supports that will mitigate risks associated with the abuse or neglect, or may need to place the child in out-of-home care if there are immediate concerns for the child’s safety. In either situation, the mutual sharing of appropriate information between agencies involved is essential during assessment/reassessment, treatment and follow-up for a child abuse case. Confidentiality is required under section 74 of The Child and Family Services Act.
Summary:
The roles and steps involved in a case of suspected child abuse can be summarized as follows:
- School staff report reasonable belief of child abuse or neglect to an appropriate authority;
- The principal is notified concurrently or after the report to authorities;
- Interview of the child may occur in the school setting by police and/or child protection staff;
- Child protection staff determine what supports or protection of the child requires;
- Police determine if criminal charges will be laid;
- School division determines what educational supports may be required for the child;
- Police, child protection and school staff continue to share information as required to support a coordinated approach to treatment and case planning for the child and family.
Timely and effective information sharing between agencies is important to inform appropriate case planning after the police and child protection serviceshave fulfilled their responsibilities. Each agency has responsibilities to ensure that no critical information goes unreported and that all parties understand the next steps in case management.
For more information about the Saskatchewan Child Abuse Protocol, please visit:
saskatchewan.ca
[1] Signatories are the Saskatchewan Association of Chiefs of Police, and the ministries of Health, Justice, Education, Social Services, Government Relations, and Parks, Culture and Sport).