Legal Issues: Protecting Our Students

Presented by Michelle Walter, Sandy Owens, Don

Millward

Legal Issues: Protecting Our Students

• Child abuse and reporting abuse • Functions of children’s aid societies

• Youth Criminal Justice Act

Reporting Abuse

Reporting AbuseThe Child and Family Services Act (CFSA)

R.S.O. 1990, CHAPTER C.11, s 72

Persons working with children in a professional capacity have a duty to report suspicions of: • physical harm• sexual abuse(including child pornography)• serious emotional harm • suffer harm through parental/guardian failure to

provide care, including medial care

Case Study 

Ongoing Duty to Report

(2)  A person who has additional reasonable grounds to suspect one of the matters set out in subsection (1) shall make a further report under subsection (1) even if he or she has made previous reports with respect to the same child. 1999, c. 2, s. 22 (1).

You must file a report if you suspect the same thing occurred on the following day.

Person must report directly

(3)  A person who has a duty to report a matter under subsection (1) or (2) shall make the report directly to the society and shall not rely on any other person to report on his or her behalf. 1999, c. 2, s. 22 (1).

If you are the person that witnessed the abuse or suspect it then you must file the report.

Policies & Procedures

 If a Principal, teacher or any employee is uncertain whether or not the information is reportable, they may contact the CAS to consult. 

Policies & Procedures

All boards have specific documents/forms that must be completed and are usually kept in the Principal's office.

Principal's Responsibilities if a child is apprehended by CAS

A Principal must:1a) ask to see the court order or warrant and ask to make a copy before releasing the child1b) if CAS does not have a warrant the Principal must comply with the CAS request 2   -note the time      -whether a warrant was produced     -name of CAS worker     -were parents informed Y/N     -contact S.O. and SW involved with CAS issues

Children’s Aid Society

The Child and Family Services Act (CFSA)R.S.O. 1990, CHAPTER C.11

15. (3)  The functions of a children’s aid society are to,(a) investigate allegations or evidence that children who are under the age of sixteen years or are in the society’s care or under its supervision may be in need of protection;(b) protect, where necessary, children who are under the age of sixteen years or are in the society’s care or under its supervision;(c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children;(d) provide care for children assigned or committed to its care under this Act;(e) supervise children assigned to its supervision under this Act;(f) place children for adoption under Part VII; and(g) perform any other duties given to it by this or any other Act. R.S.O. 1990, c. C.11, s. 15 (3).

CAS Mission Statements

Ottawa CASOur Mission:The CAS of Ottawa is committed to protecting the children and youth of our community from all forms of abuse and neglect.  We work to keep them safe and secure, both within their families and the communities in which they live.

CAS of Lanark County and Smiths FallsWe are commited to:• Protecting children from abuse and neglect, while supporting the safe and healthy

development of children in their families and communities• Providing a high standard of care for those children who cannot remain at home• Energizing the community in the cause of children at risk

CAS Stormont, Dundas and GlengarryOur Mission:The Children’s Aid Society of Stormont, Dundas & Glengarry protects children from abuse and neglect, while supporting the safe and healthy development of children in their families and community.

Samuel's Story

A Case Study in partnership:  Unlocking Dreams, Opening Doors:  

Partnering for Success  CAS Ottawa/OCDSB/OCCSB/CECCE/CEPEO

• partnership created May 7, 2010 between the Ottawa CAS and four school boards within its mandated geographic area

• outlines how the CAS and the school boards can work together to help students working with the CAS

• outlines procedures for sharing information between the CAS and the school boards

• clarifies language and concepts between CAS and the school boards

A Principal's Glossary of Terms related to CASsfrom:  

'Unlocking Dreams, Opening Doors:  Partnering for Success'

CAS Worker: assigned CAS worker responsible for carrying out the legal requirements as set out in the CFSA as they relate to duties as legal guardian for children and youth in the care of the CAS

Legal Guardian:  term used for CAS if student is has crown warship - allows access to data help at school

Temporary Care Agreement (TCA): agreement between a parent and the CAS for the CAS to temporarily care for a child/youth as the parent is not able to do so.

Supervision Order: an order that places a child/youth in the care of a parent/guardian, subject to the supervision of the society, for a specified period of at least three months but not more than 12 months.

Society Wardship:  an order that allows the child/youth to be made a ward of the society and be placed in its are and custody for a specified period.Crown Wardship:  an order that allows a child/youth to be made a permanent ward of the State until such legal status is terminated by a court or the youth turns 18 years of age.

  A Principal's Glossary of Terms related to CASscontinued

Foster Parent:  an adult approved by the CAS to provide care to a child/youth in the care of the CAS.

Extended Care and Maintenance: a youth formerly with Crown Ward status, who enters into an agreement with the society for ongoing support to pursue further learning.

Looking After Children (LAC):  a clinical and research based methodology that guides CAS workers in the assessment, planning and monitoring of the child/youth's well being.

Assessment and Action Report (AAR):  a yearly assessment of the developmental progress of the child/youth in CAS care.  It is based on 7 dimensions:  health, identity, family and social relationships, social presentation, self-care, emotional and behavioural, education.

Education Roadmap to Success:  the educational dimension document that guides the joint planning process between the CAS and the schools.

Youth Criminal Justice Act

Objectives •  to prevent crime•  rehabilitate and reintegrate young persons into

society•  ensure meaningful consequences for offences

Extrajudicial Measures• most cases can be dealt with outside the court

process• taking no further actions• informal warnings• cautions (formal warnings)• crown cautions (warning by procecutors)• referrals (community programs)• extrajudicial sanctions

Conferences

• appropriate extrajudicial measures;• conditions for release from pre-trial

detention;• appropriate sentences; and• plans for reintegrating the young person

back into his or her community after being in custody.

Options for Sentencing •  Reprimand•  Intensive support and supervision order•  Attendance order•  Deferred custody and supervision order•  Intensive rehabilitative and supervision order 

What else?

• no publication of names (some exceptions)•  Victims are informed of the process and have

access to records•  Re-integration into society is key (including back

to school)

When should you call the police?

• physical assault causing bodily harm requiring medical attention;

• sexual assault;• robbery;• criminal harassment;• weapons offences; and• drug offences (e.g., trafficking).

Disclosure

• YCJA limits disclosure•  The provincial director, a youth worker, the Attorney General, a

peace officer or any other person engaged in the provision of services to young persons may disclose to any professional or other person engaged in the supervision or care of a young person — including a representative of any school board or school or any other educational or training institution — any information contained in a record kept under sections 114 to 116 if the disclosure is necessary

• (a) to ensure compliance by the young person with an authorization under section 91 or an order of the youth justice court;

• (b) to ensure the safety of staff, students or other persons; or• (c) to facilitate the rehabilitation of the young person.

Other Documents to Consult

• Caring and Safe Schools• Police Protocol• Board Polices and Procedures• Education Act - Duties of the

Principal access to school or class

(m) subject to an appeal to the board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal’s judgment be detrimental to the physical or mental well-being of the pupils;

Case Study

Jealous Jenny

Links to the Ontario Leadership Framework (OLF)For Principals and Vice Principals

• many links to OLF

• clustered in the areas of Setting Directions, Building Relationships and Developing People, Developing the Instructional Program, Developing the Organization

• quick visual – two largest clusters are in yellow, the secondary clusters are in green

• Framework

One Final Note