What is Child Abuse?
The Ontario Child and Family Services Act (the CFSA) defines abuse as (see s. 72 (1) and s. 37 (2)):
- infliction of physical harm by the person having charge of the child, or physical harm caused by that person’s failure to care and provide for or supervise and protect that child adequately:
- sexual molestation sexual exploitation by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child.
- infliction of physical harm or suffering such that the child requires medical treatment to cure, prevent or alleviate the physical harm or suffering;
- infliction of emotional harm, demonstrated by severe anxiety, depression, withdrawal and or self-destructive or aggressive behaviour.
- failure to provide or consent to treatment to remedy or alleviate a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development.
Responsibility in Child Abuse Cases
Any person who believes on reasonable grounds that a child is or may be in need of protection has a duty to forthwith report the belief and information upon which it is based to the Children’s Aid Society (s. 72 (2)). Professional persons have the same duty as any member of the public to report a child’s need for protection. However, legislation gives these people a particular reporting responsibility. The CFSA requires a person who, in the course of his or her professional or official duties, has reasonable grounds to suspect that a child is or may be suffering or may have suffered abuse to forthwith report the suspicion and the information on which it is based to the Children’s Aid Society (s. 72(3)). This professional duty applies to (amongst others) members of the clergy and youth and recreation workers.
While it is important that the child care worker responds quickly in any case of suspected child abuse, the worker must also remember that allegations of this nature are explosive. Gossip is morally wrong and slander is legally actionable. The worker should therefore act quickly to ensure that a child is not left in a situation of immediate peril, then discuss the matter discretely with the person in charge of the program. Situations such as these call for great wisdom.
Child and Worker Protection Guidelines
The following are some guidelines that should be followed whenever possible.
- There must be at least two (2) workers supervising every group of children. In cases where there is individual classroom instruction (Sunday School, Awana, etc.) the program head is to make periodic visits to the rooms to fulfill this requirement.
- Touch is an essential responsibility in nurturing lives. Workers need to be aware of and sensitive to differences in sexual development, culture, family backgrounds, personalities and special needs. Any touch of a sexual nature is totally inappropriate and will not be tolerated. Physical contact with children should be age and developmentally appropriate. Appropriate touching should be done only in the presence of other adults in an open area. Examples of love and caring being expressed in appropriate ways are:
a) Bending down to the child’s eye level and speaking kindly; listening to him or her carefully.
b) Taking a child’s hand and leading him or her to an activity.
c) Putting an arm around the shoulder of a child who needs comforting or quieting.
d) Taking both of the child’s hands as you say, “You did such a good job.”
e) Patting a child on hand, shoulder, or back to affirm him or her.
f) Holding a child by the shoulders or hand to keep his or her attention while you redirect the child’s behavior.
g) Holding a preschool child who is crying.
Examples of inappropriate touch which must be avoided are:
a) Kissing a child, coaxing a child to kiss you, extended hugging and extended tickling.
b) Touching a child in any area that would be covered by a bathing suit (except when assisting a child with toileting as outlined below.)
c) Being alone with a child.
d) Prolonged physical contact.
The above lists are simply examples and not an exhaustive list.
- We strongly recommend that parents take their children to visit the washroom prior to each class or service. When assistance of workers is necessary the following guidelines should be maintained.
Preschool:
a) Diaper changing should always take place in such a way that another nursery worker can easily see the child that is being changed, as well as the other children and workers in the room.
b) For preschool children, two leaders should escort a group of children to the washroom if at all possible.
c) If just one child must go to the washroom, the volunteer should escort the child to the washroom and prop the outside door open. The volunteer should then remain outside the washroom door and wait for the child before escorting him or her back to the classroom. The volunteer should call the child’s name if they are taking longer than seems necessary. Never be alone with a child in an unsupervised washroom and never go into a washroom cubicle with a child and shut the door.
d) If preschool children need assistance in the washroom, an adult may enter the washroom cubicle to assist only under the following guidelines.
- A second adult must be within visual contact. If this is not possible, inform another adult when taking a child to the washroom and when returning.
- In light of the fact that most abusers are male, and for the protection of our male workers, it would be wise for men to avoid assisting boys or girls of any age in the washroom.
School age children should be sent to the washroom in pairs of similar age and same sex.
- All trips and outings should be supervised by a minimum of two approved adult leaders. When the transporting of children is involved in an activity, all drivers must have a valid driver’s license. The car must be fully insured. The number of persons per car cannot exceed the number of seatbelts. Under no circumstances should a sole individual worker allow themselves to be alone with a single child in a vehicle, if at all possible.
- Proper written consent and medical release forms are required for each child participating in any club or event. All overnight activities or special events should have a minimum ratio of two leaders for every ten children, and an additional consent form. All supervising adults must be approved workers.
- We fully recognize that being an effective leader or teacher involves building relationships with each group member. Should an individual or small group meeting be necessary to facilitate this, and only one adult is present, then the meeting must occur in a public place and must be for a reasonable length of time.
- Yelling at children is not acceptable. All forms of corporal punishment are strictly prohibited.
- Never deal with any child alone behind closed doors. If a child needs personal attention, either deal with him or her in a setting in which there are other people or in a room with the door open so that other leaders can see you at all times.
Responding to the Child
Discovering (or suspecting) that a child is a victim of abuse is an unpleasant experience. Children are often cautious when disclosing abuse. They may speak using childish language or use terms that are unfamiliar to you. If a child discloses to you, it is important NOT to carry out an investigation yourself as this may jeopardize the case in a court of law. So what should you do?
- Believe what the child tells you despite how difficult it may be to accept the identity of the abuser or that abuse occurred. Victims often believe they are responsible for the abuse they receive and may be hesitant to discuss it. This is especially true when a child has been threatened.
- Put your own feelings of anger, frustration or pain aside. Be attentive to the emotions and words of the child. If possible, take the child to a quiet place. Give them your full attention and nod with understanding as the story pours out. Allow the child to tell what happened in their own words. Do not press for details or “interview” the child.
- Be supportive and affirming of the child and let them know you will do something to help. Let the child know that what has happened is not his / her fault and they are doing the correct thing by telling you. Do not promise that the abuser will go to jail or the child will have a new home.
Reporting Procedure
Worker
- Record as soon as possible what the child has told you. Attempt to use the child’s own words and avoid interpreting what the child has said. Write down everything about the disclosure, no matter how insignificant it may seem at the time.
- Report to the program head as soon as possible! Use your judgment as to whether the child is safe and comfortable returning to the classroom while you do this or take the child with you.
- Complete an Incident Report.
Program Director
- Ensure child is safe and remains on the premises until Children’s Aid Society is contacted.
- Ensure the worker has documented the child’s story, and follows all policies listed in this document.
- Contact Children’s Aid Society immediately at 613-747-1918 and cooperate fully with their investigation.
- Inform the Elders and Chairmen of the Board of Directors when possible.
If the allegation is against one of our workers, the incident must still be reported as per the above policy. The worker must be immediately suspended from any further contact with all children until the investigation is complete.
Media Spokesperson
The Chairman of the Board is the only media spokesperson for any incident. In his absence, the Board of Directors will appoint an alternate member of the Board, or an Elder to deal with any media requests. All other members should make no comment, but refer all inquiries to the appointed spokesperson.
