ReportingChild Abuseand Neglect:
It’s Your DutyYour responsibilities underthe Child, Youth and Family
Services Act, 2017

The Child, Youth and Family Services Act,2017 (CYFSA) recognizes that each of us has
a responsibility for the welfare of children.

Introduction
We all share a responsibility to protect
children from harm. This includes situations
where children are abused or neglected intheir own homes. Ontario’s Child, Youth andFamily Services Act, 2017 (CYFSA) provides forprotection for these children.
Section 125 of the CYFSA states that thepublic, including professionals who work withchildren, must promptly report any suspicionsthat a child is, or may be, in need of protection
to a children’s aid society (society). The
CYFSA defines the phrase “child in need ofprotection” and explains what must be reported
to a society. It includes physical, sexual andemotional abuse, neglect, and risk of harm.
This brochure explains the “duty to report”
section of the CYFSA and answers common
questions about your reporting responsibilities.
It also includes relevant portions of Section 125
for your reference. It does not provide specificlegal advice. Please consult a lawyer or asociety about any specific situation.

Who is a “child in needof protection”?
The CYFSA defines a child in need of protection
and clearly specifies how you can identify
these children in Section 125 (1). (See pages 8 to11). [CYFSA s.125 (1)] This includes a child who isor may be suffering from abuse or neglect.

2

Who is responsible for reportinga child in need of protection?
Anyone who has reasonable grounds tosuspect that a child is, or may be, in need ofprotection must promptly report the suspicion
and the information upon which it is based toa society. Section 125 (1) describes the specificcircumstances that must be reported (Seepages 8 to 11). [CYFSA s.125 (1)]What are “reasonablegrounds” to suspect childabuse or neglect?
It is not necessary for you to be certain a childis, or may be, in need of protection to make areport to a society. “Reasonable grounds” refers
to the information that an average person, using
normal and honest judgment, would need inorder to decide to report.

What is the age ofthe children to whom the“duty to report” applies?
The duty to report applies to any child who is,or appears to be, under the age of 16 years.
On January 1, 2018, Ontario raised the ageof protection from 16 to 18. A professional,
or member of the public, who is concernedthat a 16-or 17- year-old is, or may be,in need of protection may, but is not
required to, make a report to a society
and the society is required to assess thereported information. [CYFSA, s. 125(4)]3What does an “ongoing dutyto report” child abuse orneglect mean?

Who does the CYFSA consider
a person who performs
professional or official duties?

Even if you know a report has already been
made about a child who is under 16, you must
make a further report to the society if there are
additional reasonable grounds to suspect thatthe child is, or may be, in need of protection.
[CYFSA s.125 (2)]• health care professionals, including
physicians, nurses, dentists, pharmacists
and psychologists

Can I rely on someone elseto report?
No. You must report directly to a society. You
must not rely on anyone else to report on yourbehalf. [CYFSA s.125 (3)]Do professionals and officials
have any special responsibilities
to report?
Professionals and officials have the same dutyas the rest of the public to report their suspicion
that a child is, or may be, in need of protection.
However, the CYFSA recognizes that people
working closely with children have a special
awareness of the signs of child abuse andneglect, and a particular responsibility to reporttheir suspicions. Any professional or official who
fails to report a suspicion is liable on conviction
to a fine of up to $5,000, if they obtained theinformation in the course of their professional orofficial duties. Reporting is not mandatory in thecase of 16- and 17- year-olds and the offence/penalty provisions don’t apply. [CYFSA s.125 (5),(8), (9)]4• teachers and school principals• social workers and family counsellors• religious officials• operators or employees of a child care centre
or home child care agency• youth and recreation workers (not volunteers)• peace officers and coroners• child and youth service providers andemployees of these service providers• any other person who performs professionalor official duties with respect to a childIn addition to the professionals and officials
outlined above, directors, officers or employees
of a corporation also have a legislated
duty to report if they have knowledge thata child who is under 16 is, or may be, inneed of protection. [CYFSA s. 125 (8)]These are examples only. If you are unsure
whether you fall into any of these categories,
ask your local society, or the legal counsel foryour professional association, regulatory body,or organization. [CYFSA s.125 (6)]5What about professional
confidentiality?
A professional must report that a child is, ormay be, in need of protection, even when
the information is otherwise confidential orprivileged. This duty overrides any otherprovincial statutes, including the Personal
Health Information Protection Act, 2004, andspecifically overrides any provisions that would
otherwise prohibit someone from making
a disclosure. Only lawyers may not divulge“privileged” information about their clients.
[CYFSA s.125 (10), (11)]Will I be protected from liability
if I make a report?
The CYFSA provides that no action for making
the report will be instituted against a person
who makes a report unless the person acts
maliciously or without reasonable grounds forthe suspicion. [CYFSA s.125 (10)]What happens when I calla society?
The society will investigate the information. The
society has the responsibility and authority toinvestigate allegations and to protect children.
The society may involve the police and othercommunity agencies. All societies provide
emergency service 24 hours a day, sevendays a week.
Consistent with the best interests,protection and well-being of children,services from a society will take the following
into consideration:

6• respect for a child’s need for continuity of careand for stable relationships within a family andcultural environment;• the physical, emotional, spiritual, mental
and developmental needs and differencesamong children;• a child’s race, ancestry, place of origin, colour,ethnic origin, citizenship, family diversity,
disability, creed, sex, sexual orientation,
gender identity and gender expression;• a child’s cultural and linguistic needs;• the goal of achieving permanent plans forchildren in accordance with their best interests;
and,• the participation of a child, the child’s parents
and relatives and the members of the child’s
extended family and community, whereappropriate. [CYFSA s.1 (2)]How do I contact a society or get
more information?
You can find your local society in your local
telephone listings or, where available, by dialing
411. In some communities, the society is known
as “family and children’s services” or “child andfamily services”.
You can also find information about all ofOntario’s societies at oacas.org, the websiteof the Ontario Association of Children’s
Aid Societies.
Anyone who has a reasonable suspicion that achild is, or may be, in need of protection must
contact a society immediately.
If you think the matter is urgent and you cannot
reach the society, call your local police.

7Section 125 (1) of the Child, Youth andFamily Services Act, 2017
Despite the provisions of any other Act, if aperson, including a person who performs
professional or official duties with respect
to children, has reasonable grounds tosuspect one of the following, the person shallimmediately report the suspicion and theinformation on which it is based to a society:1.

sex trafficking.
4.2 There is a risk that the child is likely to
be sexually exploited as a result of being
subjected to child sex trafficking.
5.

The child requires treatment to cure,prevent or alleviate physical harm or
suffering and the child’s parent or theperson having charge of the child does
not provide the treatment or access to thetreatment, or, where the child is incapableof consenting to the treatment under theHealth Care Consent Act, 1996, refuses oris unavailable or unable to consent to, thetreatment on the child’s behalf.

6.

The child has suffered emotional harm,demonstrated by serious,

The child has suffered physical harm
inflicted by the person having charge ofthe child or caused by or resulting fromthat person’s,i. failure to adequately care for, provide for,supervise or protect the child, orii. pattern of neglect in caring for, providing
for, supervising or protecting the child.

2.

i. anxiety,ii. depression,

There is a risk that the child is likely tosuffer physical harm inflicted by the person
having charge of the child or caused by or
resulting from that person’s,iii. withdrawal,
iv. self-destructive or aggressive behaviour, orv. delayed development,

i. failure to adequately care for, provide for,supervise or protect the child, orand there are reasonable grounds tobelieve that the emotional harm suffered by
the child results from the actions, failure toact or pattern of neglect on the part of thechild’s parent or the person having chargeof the child.

ii. pattern of neglect in caring for, providing
for, supervising or protecting the child.
3.

4.

The child has been sexually abused or
sexually exploited by the person having
charge of the child or by another person
where the person having charge ofthe child knows or should know of thepossibility of sexual abuse or sexual
exploitation and fails to protect the child.
There is a risk that the child is likely to besexually abused or sexually exploited as
described in paragraph 3.

4.1 The child has been sexually exploited
as a result of being subjected to child
8

7.

The child has suffered emotional harmof the kind described in subparagraph 6i, ii, iii, iv or v and the child’s parent or theperson having charge of the child does notprovide services or treatment or access toservices or treatment, or, where the child isincapable of consenting to treatment underthe Health Care Consent Act, 1996, refuses
or is unavailable or unable to consent to,treatment to remedy or alleviate the harm.
98.

There is a risk that the child is likely to suffer
emotional harm of the kind describedin subparagraph 6 i, ii, iii, iv or v resulting
from the actions, failure to act or pattern ofneglect on the part of the child’s parent orthe person having charge of the child.

9.

There is a risk that the child is likely to suffer
emotional harm of the kind describedin subparagraph 6 i, ii, iii, iv or v and thechild’s parent or the person having chargeof the child does not provide services
or treatment or access to services ortreatment, or, where the child is incapableof consenting to treatment under theHealth Care Consent Act, 1996, refuses
or is unavailable or unable to consent to,treatment to prevent the harm.

10. The child suffers from a mental, emotionalor developmental condition that, if not
remedied, could seriously impair the child’sdevelopment and the child’s parent or the
person having charge of the child does
not provide the treatment or access to thetreatment, or where the child is incapableof consenting to the treatment under the
Health Care Consent Act, 1996, refuses
or is unavailable or unable to consent to,treatment to remedy or alleviate
the condition.

12 The child is younger than 12 and has
killed or seriously injured another person
or caused serious damage to anotherperson’s property, services or treatment
are necessary to prevent a recurrence
and the child’s parent or the person
having charge of the child does notprovide services or treatment or accessto services or treatment, or, where
the child is incapable of consenting totreatment under the Health Care Consent
Act, 1996, refuses or is unavailable orunable to consent to treatment.
13. The child is younger than 12 and has on
more than one occasion injured anotherperson or caused loss or damage toanother person’s property, with theencouragement of the person having
charge of the child or because of that
person’s failure or inability to supervise
the child adequately.
If someone has reasonable grounds to suspectthat a child under 16 is, or may be, in need ofprotection, they must make a report directly toa society. A report may be made regarding 16and 17- year-olds if you are concerned that they
are, or may be, in need of protection.

11. The child’s parent has died or isunavailable to exercise custodial rights
over the child and has not made adequate
provision for the child’s care and custody, or
the child is in a residential placement andthe parent refuses or is unable or unwilling toresume the child’s care and custody.

1011Learn more:ontario.ca/children
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ISBN Print: 978-1-4868-5520-9
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August 2021 / Reprint © Queen’s Printer for Ontario