Children in Need of Protection
As stated in section 2 of The Child and Family Services Act, protecting children is the first priority in any proceedings under the Act. Section 17 defines a child in need of protection and lists illustrations (examples) for agencies, police, courts and others to follow. This approach to defining a child in need of protection is not limiting and gives agencies and police broad powers to investigate and intervene in child protection situations.
The examples listed in section 17 of the Act include a child who is abused or in danger of being abused. The definition of abuse in section 1 lists physical injury, emotional disability and sexual exploitation as forms of abuse.
Reporting a Child in Need of Protection
Under section 18 of the Act, a person (including a peace officer) who reasonably believes that a child is or might be in need of protection must immediately report the information to a child and family services agency or to a parent or guardian. The person must report the information to an agency when the person:
- does not know the identity of a parent or guardian
- believes the parent or guardian is responsible for causing a child to be in need of protection or is unable or unwilling to provide adequate protection to the child
- believes that the child is or might be suffering abuse by a parent or guardian of the child or by a person who has the care, control or charge of the child
The duty to report applies to a person who has acquired the information through the discharge of professional duties or within a confidential relationship, but does not abrogate any privilege that may exist because of the relationship between a solicitor and the solicitor’s client.
