Chapter 13Chapter 13Child Welfare Child Welfare

Constitutional Powers Constitutional Powers Welfare and Education Welfare and Education Day Care in Schools Day Care in Schools Welfare Children in Schools Welfare Children in Schools Child Protection Child Protection

Children in Need of Protection Children in Need of Protection Apprehensions in Schools Apprehensions in Schools Very Young Offenders Very Young Offenders Child Abuse Child Abuse

Child Abuse Reporting Child Abuse Reporting

Child WelfareChild Welfare

The term “child welfare” covers a The term “child welfare” covers a multitude of [social] services provided multitude of [social] services provided to children to ensure their health, to children to ensure their health, safety, security, and development . . . safety, security, and development . . . including daycare, adoption, and child including daycare, adoption, and child protection. protection. 

Child protection includes the Child protection includes the prevention and detection of child abuse prevention and detection of child abuse as well as protective custody of as well as protective custody of children in foster care and group children in foster care and group homes.  homes. 

Social services, education, and health Social services, education, and health generally share services for physically generally share services for physically handicapped, mentally retarded, and handicapped, mentally retarded, and emotionally disturbed children.  emotionally disturbed children. 

Child welfare services can be Child welfare services can be distinguished from, but border on, distinguished from, but border on, health, education, recreational services health, education, recreational services for children, and welfare services for for children, and welfare services for adults . . . (e.g. Family service adults . . . (e.g. Family service organizations such as Income Assistance organizations such as Income Assistance and Social Services may deal directly and Social Services may deal directly with parents but almost always have with parents but almost always have child welfare as their main objective.) child welfare as their main objective.) 

Teachers and Child Teachers and Child WelfareWelfare

Child welfare provisions affect Child welfare provisions affect teachers and apply to all teachers in teachers and apply to all teachers in Canada in the areas of Canada in the areas of

daycare, daycare, child protection, child protection, school children in contact with the school children in contact with the

child welfare system.  child welfare system.  mandatory reporting of child abuse.  mandatory reporting of child abuse. 

Child Protection Child Protection

All provinces and territories have child All provinces and territories have child protection legislation . . .to provide care protection legislation . . .to provide care for children when the family is not for children when the family is not providing adequate care or is absent.  providing adequate care or is absent. 

A provincial ministries or departments A provincial ministries or departments are responsible for social services in are responsible for social services in seven provinces and the territories (FCS seven provinces and the territories (FCS in NB)in NB)

In Manitoba, Ontario, and Nova Scotia In Manitoba, Ontario, and Nova Scotia private organizations called “children's private organizations called “children's aid societies” or “child and family aid societies” or “child and family service agencies” provide the services.  service agencies” provide the services. 

Child ProtectionChild Protection

Child protection authorities canChild protection authorities can provide help to families in difficulty provide help to families in difficulty remove “children whose security or remove “children whose security or

development is in danger” from families development is in danger” from families take “children in need of protection” take “children in need of protection”

into protective custody when the into protective custody when the welfare of the children requires this.  welfare of the children requires this. 

Children in Need of ProtectionChildren in Need of Protection The The Child, Family and Community Service ActChild, Family and Community Service Act of British of British

Columbia defines a child in need of protection. Columbia defines a child in need of protection. 13 (1) A child needs protection in the following 13 (1) A child needs protection in the following

circumstances: circumstances: (a) if the child has been, or is likely to be, physically (a) if the child has been, or is likely to be, physically

harmed by the child's parent; harmed by the child's parent; (b) if the child has been, or is likely to be, sexually (b) if the child has been, or is likely to be, sexually

abused or exploited by the child's parent; abused or exploited by the child's parent; (c) if the child has been, or is likely to be, physically (c) if the child has been, or is likely to be, physically

harmed, sexually abused or sexually exploited by harmed, sexually abused or sexually exploited by another person and if the child's parent is unwilling another person and if the child's parent is unwilling or unable to protect the child; or unable to protect the child;

(d) if the child has been, or is likely to be, physically (d) if the child has been, or is likely to be, physically harmed because of neglect by the child's parent; harmed because of neglect by the child's parent;

(e) if the child is emotionally harmed by the parent's (e) if the child is emotionally harmed by the parent's conduct; conduct;

Children in Need of Protection Children in Need of Protection (f) if the child is deprived of necessary health care; (f) if the child is deprived of necessary health care; (g) if the child's development is likely to be seriously (g) if the child's development is likely to be seriously

impaired by a treatable condition and the child's parent impaired by a treatable condition and the child's parent refuses to provide or consent to treatment; refuses to provide or consent to treatment;

(h) if the child's parent is unable or unwilling to care for (h) if the child's parent is unable or unwilling to care for the child and has not made adequate provision for the the child and has not made adequate provision for the child's care; child's care;

(i) if the child is or has been absent from home in (i) if the child is or has been absent from home in circumstances that endanger the child's safety or well-circumstances that endanger the child's safety or well-being; being;

(j) if the child's parent is dead and adequate provision (j) if the child's parent is dead and adequate provision has not been made for the child's care; has not been made for the child's care;

(k) if the child has been abandoned and adequate (k) if the child has been abandoned and adequate provision has not been made for the child's care; provision has not been made for the child's care;

(l) if the child is in the care of a director or another (l) if the child is in the care of a director or another person by agreement and the child's parent is unwilling person by agreement and the child's parent is unwilling or unable to resume care when the agreement is no or unable to resume care when the agreement is no longer in force. longer in force.

Apprehensions in Schools Apprehensions in Schools Child–protection workers frequently enter Child–protection workers frequently enter schools to question children suspected of schools to question children suspected of having been abused or to take such having been abused or to take such children into protective custody. children into protective custody. 

    If the child–protection worker is not If the child–protection worker is not known to school authorities, the known to school authorities, the authorities ask for identification and verify authorities ask for identification and verify the child–protection worker's function the child–protection worker's function with the social services agency having with the social services agency having jurisdiction in that area.  jurisdiction in that area. 

Some provinces have provisions for Some provinces have provisions for warrants for children to be taken into warrants for children to be taken into protective custody. protective custody. 

Apprehensions in Schools Apprehensions in Schools

    Precautions are necessary because Precautions are necessary because schools are also a favourite location for schools are also a favourite location for child snatching resulting from parental child snatching resulting from parental custody disputes.  custody disputes. 

School officials recognize that child–School officials recognize that child–welfare workers do have the right to welfare workers do have the right to enter schools to question and remove enter schools to question and remove children and that such children are not children and that such children are not protected by any rights comparable to protected by any rights comparable to those contained in the those contained in the Youth Criminal Youth Criminal Justice ActJustice Act.  . 

Very Young Offenders Very Young Offenders

Children who have reached the age of Children who have reached the age of 12 and who commit serious offences 12 and who commit serious offences may be dealt with under the may be dealt with under the Youth Youth Criminal Justice ActCriminal Justice Act, a federal statute.  , a federal statute. 

Offenders younger than 12 are Offenders younger than 12 are frequently dealt with by the child frequently dealt with by the child welfare system.  welfare system.  Ontario has special Ontario has special provisions for this in the provisions for this in the Child and Child and Family Services ActFamily Services Act. .  Two of its 12 Two of its 12 criteria for children in need of criteria for children in need of protection, contained in section 37(2), protection, contained in section 37(2), concern very young offenders. concern very young offenders.

Protection is deemed Protection is deemed necessary when: necessary when:

(j) (j) the child is less than twelve years old the child is less than twelve years old and has killed or seriously injured and has killed or seriously injured another person or has caused serious another person or has caused serious damage to another person's propertydamage to another person's property, , services or treatment are necessary to services or treatment are necessary to prevent a recurrence and the child's prevent a recurrence and the child's parents or the person having charge of parents or the person having charge of the child does not provide, or refuses or the child does not provide, or refuses or is unavailable to consent to, those is unavailable to consent to, those services or treatment; services or treatment;

Protection is deemed Protection is deemed necessary when:necessary when:

(k) (k) the child is less than twelve years the child is less than twelve years old and has on more than one old and has on more than one occasion injured another person or occasion injured another person or caused loss or damage to another caused loss or damage to another person's property, with the person's property, with the encouragement of the person having encouragement of the person having charge of the child or because of charge of the child or because of that person's failure or inability to that person's failure or inability to supervise the child adequately; supervise the child adequately;

A serious offence by the child is not A serious offence by the child is not sufficient to create a need for sufficient to create a need for protection.  protection.  There must also be a There must also be a failure by the person having custody failure by the person having custody of the child to take corrective or of the child to take corrective or preventive action. preventive action. 

(Ontario provision)(Ontario provision)[Ontario] [Ontario] Child and Family Services ActChild and Family Services Act

provides a process resembling arrest for provides a process resembling arrest for police to take a very young offender into police to take a very young offender into custody custody

42.(1) A peace officer who believes on 42.(1) A peace officer who believes on reasonable and probable grounds that a child reasonable and probable grounds that a child actually or apparently under twelve years of actually or apparently under twelve years of age has committed an act in respect of which age has committed an act in respect of which a person twelve years of age or older could be a person twelve years of age or older could be found guilty of an offence may apprehend the found guilty of an offence may apprehend the child without a warrant and on doing so, child without a warrant and on doing so,

(a) shall return the child to the child's parent (a) shall return the child to the child's parent or other person having charge of the child as or other person having charge of the child as soon as practicable; or soon as practicable; or

(b) where it is not possible to return the child (b) where it is not possible to return the child to the parent or other person within a to the parent or other person within a reasonable time, shall reasonable time, shall take the child to a place take the child to a place of safetyof safety to be detained there until the child to be detained there until the child can be returned to the parent or other person.  can be returned to the parent or other person. 

(2) The person in charge of a place of safety in (2) The person in charge of a place of safety in which a child is detained under subsection (1) which a child is detained under subsection (1) shall make shall make reasonable efforts to notify the reasonable efforts to notify the child's parentchild's parent or other person having charge or other person having charge of the child of the child's detention so that the of the child of the child's detention so that the child may be returned to the parent or other child may be returned to the parent or other person.  person. 

The “place of safety” refers to any of the The “place of safety” refers to any of the placement options open to child protection placement options open to child protection workers who take children into protective workers who take children into protective custody.  custody. 

In Ontario an underage offender is seen as a In Ontario an underage offender is seen as a child welfare concern.  child welfare concern. 

Child Abuse Child Abuse

Child abuse is often considered to be Child abuse is often considered to be of four types: of four types: physical abuse, physical abuse, sexual abuse, sexual abuse, emotional abuse, and emotional abuse, and neglect.  neglect. 

American federal American federal Child Abuse Child Abuse Prevention and Treatment ActPrevention and Treatment Act

“ “child abuse and neglect” is defined as child abuse and neglect” is defined as “the physical or mental injury, sexual “the physical or mental injury, sexual abuse or exploitation, negligent abuse or exploitation, negligent treatment, or maltreatment of a child treatment, or maltreatment of a child under the age of eighteen, or the age under the age of eighteen, or the age specified by the child protection law of specified by the child protection law of the State in question, by a person who is the State in question, by a person who is responsible for the child's welfare under responsible for the child's welfare under circumstances which indicate that the circumstances which indicate that the child's health or welfare is harmed or child's health or welfare is harmed or threatened thereby, . . .”.  threatened thereby, . . .”. 

CHILD ABUSECHILD ABUSE

NB: All provinces and territories legally NB: All provinces and territories legally require teachers (and several other require teachers (and several other groups of professionals) to report groups of professionals) to report suspected child abuse.suspected child abuse.

In New brunswick, reporting is required In New brunswick, reporting is required under both the under both the Family Services ActFamily Services Act and the and the Education ActEducation Act..

British Columbia's British Columbia's Inter-Ministry Child Abuse Inter-Ministry Child Abuse HandbookHandbook mentions some signs of child abuse mentions some signs of child abuse that are likely to be apparent to teachers (77–that are likely to be apparent to teachers (77–78). . . . These signs are especially serious if 78). . . . These signs are especially serious if they are consistent over time, long lasting, they are consistent over time, long lasting, pervasive, or repeated. pervasive, or repeated. 

CHILD ABUSECHILD ABUSE Educators should be concerned about the Educators should be concerned about the

student who is: student who is: 1. Frequently tardy.  1. Frequently tardy.  2. Very reluctant to attend school.  2. Very reluctant to attend school.  3. Frequently absent from school.  3. Frequently absent from school.  4. Apparently reluctant to go home after 4. Apparently reluctant to go home after

school.  school.  5. Frequently inadequately dressed for the 5. Frequently inadequately dressed for the

season or the weather.  season or the weather. 

CHILD ABUSECHILD ABUSE

Of obvious concern is the student who: Of obvious concern is the student who: 1. Appears to be undernourished.  1. Appears to be undernourished.  2. Has obvious medical needs that are not 2. Has obvious medical needs that are not

receiving attention.  receiving attention.  3. Has physical injuries such as bruises, welts, 3. Has physical injuries such as bruises, welts,

cuts or burns and whose explanations appear to cuts or burns and whose explanations appear to be incompatible with the nature or extent of the be incompatible with the nature or extent of the injury.  injury. 

4. Appears to be unusually fearful to undress at 4. Appears to be unusually fearful to undress at appropriate times such as for gym class.  appropriate times such as for gym class. 

5. Complains of pain around the genital or mouth 5. Complains of pain around the genital or mouth and throat area.  and throat area. 

6. Mentions that “it hurts when going to the 6. Mentions that “it hurts when going to the bathroom”.  It should be noted that frequently bathroom”.  It should be noted that frequently students demonstrating these symptoms are students demonstrating these symptoms are fearful when questioned regarding an injury.  fearful when questioned regarding an injury. 

Special Role of TeachersSpecial Role of Teachers Teachers have a special role since they routinely Teachers have a special role since they routinely come into contact with so many children. On one come into contact with so many children. On one hand:hand:

Teachers have expressed concern that the Teachers have expressed concern that the parents will retaliate against the child if the child parents will retaliate against the child if the child has reported the abuse to the teacher or that has reported the abuse to the teacher or that they may retaliate directly against the teacher.  they may retaliate directly against the teacher.  At best, relationships are likely to be strained.  At best, relationships are likely to be strained. 

On the other:On the other:     Teachers in all provinces and territories are Teachers in all provinces and territories are

required by law to report suspected child abuse required by law to report suspected child abuse to provincial or territorial child protection to provincial or territorial child protection officials.  officials.