CHILD ABUSE PREVENTION & REPORTING

Background

The District is committed to a comprehensive, coordinated and collaborative approach for responding to child abuse and neglect.  Every person who has reason to believe that a child needs protection under Section 13 of the Child, Family and Community Services Act must report this belief promptly to the Ministry of Children and Family Development.

The purpose of this Administrative Procedure is to support a comprehensive, coordinated and collaborative approach for responding to child abuse and neglect by:

• Ensuring that child abuse prevention programs are provided to students.
• Ensuring that employees and other persons working in schools are provided with training in recognizing signs of child abuse and neglect.
• Ensuring that employees and other persons working in schools are provided with direction and training on their legal obligation to report child abuse and neglect.
• Requiring the District to investigate and/or report to the police allegations of child abuse involving current and former District employees, volunteers or contract service providers.

Definitions

Child is a person under the age of 19 years.

Child abuse can take the form of physical or emotional abuse, sexual abuse or exploitation, neglect or abandonment by a child’s parent, or by another person if the parent is unwilling or unable to protect the child.

Child needs protection – The Child, Family and Community Service Act defines a child as being in need of protection if their physical, sexual or emotional safety is threatened.

Child welfare worker is a person delegated under the Child, Family and Community Service Act to provide child welfare services, including responses to suspected child abuse and neglect.  The Ministry of Children and Family Development and fully delegated Aboriginal child and family service agencies employ child welfare workers who are authorized to respond to suspected child abuse and neglect.

Parent means:

• The guardian of the child,
• The person legally entitled to the custody of the child, or
• The person who usually has the care and control of the child.

Reason to believe means that based on observation or information received, the person believes that a child has been or is likely to be at risk.  Proof is not required.  The child welfare worker may investigate and makes a determination whether abuse or neglect has occurred or is likely to occur.

Procedures

1. All District employees must be aware of and alert to the signs of child abuse or neglect and know their responsibilities regarding reporting, including circumstances involving colleagues. Therefore, the Superintendent will ensure that the following procedures and processes exist:
   1. Recognizing Child Abuse and Neglect
      1. Child abuse can take physical, sexual or emotional forms, or may take the form of parental neglect.  The descriptions of physical abuse, emotional abuse, emotional harm, sexual abuse, sexual exploitation and neglect contained in the BC Handbook for Action on Child Abuse and Neglect for Service Providers and Responding to Child Welfare Concerns are to be applied.
   2. Reporting and Investigation
      1. Section 14 of the Child, Family and Community Service Act makes it a legal duty of every person who has reason to believe that a child needs protection to report that belief to a child welfare worker.
      2. Where a child is in imminent danger, District employees are to notify the police immediately.
      3. Where allegations of child abuse or neglect involve the conduct of parents or parental failure to protect a child:
         1. School-based employees who make reports to a child welfare worker or the police are to inform their Principal.  District staff who make reports are to inform the Director of Instruction, Diversity and Inclusion.
         2. After making a report, staff must complete a Ministry for Children and Family Development Contact Guidelines form.  This form is stored in a confidential file with the Principal.   A copy is to be sent to the Superintendent's office.
      4. Where allegations of child abuse are made against District employees, volunteers, contract service providers or others in the school setting:
         1. Employees who have reason to believe that another employee, volunteer, contract service provider or other person on school property has abused a student must report the incident or information to the Superintendent.
         2. Where there are allegations of child abuse by a District employee, the Superintendent is responsible for investigating the allegations and/or reporting the matter to the police.
         3. The Superintendent has the authority under Section 15 of the School Act to suspend an employee whose presence threatens the welfare of students.
         4. The District has the authority under the School Act to suspend any employee who is charged with a criminal offence.
         5. Where there are allegations of child abuse by a volunteer, the Principal has the authority to prohibit the volunteer’s attendance at school, in accordance with Section 177 (2) of the School Act.
         6. Where there are allegations of child abuse by a contracted service provider, the Superintendent has the authority to prohibit the service provider’s presence on school property.
         7. Where there are allegations of child abuse by other persons, the Superintendent or the Principal has the authority under Section 177 of the School Act to prohibit the person’s attendance on school premises and to seek the assistance of the police.
         8. School employees who hold teaching certificates have an obligation under the Teachers Act to report to the Teacher Regulation Branch of the Ministry of Education if they have reason to believe that another certificate holder is guilty of professional misconduct involving physical harm to a student, sexual abuse or sexual exploitation of a student or significant emotional harm to a student.
         9. The Superintendent is required under Section 16 of the School Act to report to the Teacher Regulation Branch of the Ministry of Education the dismissal, suspension or discipline of a holder of a teaching certificate.
         10. The Superintendent may have a duty to report the dismissal or termination of an employee to another professional body (e.g. BC College of Psychologists, College of Registered Nurses of BC).
         11. If the circumstances indicate that a civil claim is likely to be made against the District, its staff or volunteers, as a result of the incident, the Secretary Treasurer is responsible for ensuring that a report is made to the Schools Protection Program.
      5. Where allegations of abuse are made against school-aged students:
         1. District employees have the responsibility and authority under the School Act to investigate allegations that a student has abused another student within the school environment.
         2. The Principal has the responsibility to take appropriate action to safeguard a student who is the victim of abusive conduct by other students at school and to notify the parents of the students involved. The Principal may notify and/or consult the police or a child welfare worker.
         3. School-based employees who make reports to a child welfare worker or the police are to inform their Principal. District staff who make a report are to inform the Director of Instruction, Diversity and Inclusion.
         4. The Principal will initiate the Community Threat Assessment Protocol.
         5. If the circumstances indicate that a civil claim is likely to be made against the District or its staff or volunteers as a result of the incident, the Secretary Treasurer is responsible for ensuring that a report is made to the Schools Protection Program.
   3. Respecting the Rights of Accused Individuals
      1. Individuals under investigation regarding allegations of child abuse or neglect may have contractual or other legal rights during the investigative process.  District investigations will be conducted in a manner that is respectful of these rights.
   4. Training and Educational Programs
      1. The Director of Instruction, Diversity and Inclusion will ensure that District employees receive training annually on how to recognize signs of child abuse or neglect, how to respond to reports of child abuse or neglect and standards of conduct for employees, volunteers and service providers governing their interactions with students.
      2. The Director of Instruction, Diversity and Inclusion will ensure that child abuse prevention programs are provided to students in accordance with the Ministry of Education’s prescribed learning outcomes.