Child Abuse Policy.

CHILD ABUSE POLICY

The Child, Family and Community Service Act (CFCSA) requires that anyone who has reason to believe that a child or youth has been or is likely to be abused or neglected, and that the parent is unwilling or unable to protect the child or youth, must report the suspected abuse or neglect to a child welfare worker.

Child abuse is a criminal offence. The Wild Lifers Nature & Forest School cannot condone child abuse and/or neglect, including serious illness, of any kind. Abuse of a client may include physical, emotional psychological and economic abuse. Both parents and children are considered clients. In the case of abuse of a parent, or child witnessing abuse, a call must likewise be made immediately to the Ministry of Child and Family Development.

In accordance with the Child, Family & Community Service Act, it is the responsibility of every person in British Columbia, including a person who performs professional or official duties with respect to children, to immediately report to a Children’s Aid Society if she/he suspects that a child abuse has occurred or if a child is at risk of abuse. This includes any operator or employee of a forest school or camp. An individual’s responsibility to report cannot be delegated to anyone else.

Duty to report need for protection

14   (1)Subject to subsection (1.1), a person who has reason to believe that a child, including an Indigenous child, needs protection under section 13 must promptly report the matter to a director or a person designated by a director.

(1.1)A person who has reason to believe that an Indigenous child needs protection under section 13 and who reports the matter to an Indigenous authority is not required to report the matter to a director, or a person designated by a director, under subsection (1) of this section if the Indigenous authority confirms to the person that the Indigenous authority will assess the information in the report.

(2)Subsection (1) applies even if the information on which the belief is based

(a)is privileged, except as a result of a solicitor-client relationship, or

(b)is confidential and its disclosure is prohibited under another Act.

(3)A person who contravenes subsection (1) commits an offence.

(4)A person who knowingly reports to a director, or a person designated by a director, false information that a child needs protection commits an offence.

(5)No action for damages may be brought against a person for reporting information under this section unless the person knowingly reported false information.

(6)A person who commits an offence under this section is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.

(7)The limitation period governing the commencement of a proceeding under the Offence Act does not apply to a proceeding relating to an offence under this section.

When protection is needed

13   (1)A child needs protection in the following circumstances:

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

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

(c)if the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child's parent is unwilling or unable to protect the child;

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

(e)if the child is emotionally harmed by

(i)the parent's conduct, or

(ii)living in a situation where there is domestic violence by or towards a person with whom the child resides;

(f)if the child is deprived of necessary health care;

(g)if the child's development is likely to be seriously impaired by a treatable condition and the child's parent refuses to provide or consent to treatment;

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

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

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

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

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

(1.1)For the purpose of subsection (1) (b) and (c) but without limiting the meaning of "sexually abused" or "sexually exploited", a child has been or is likely to be sexually abused or sexually exploited if the child has been, or is likely to be,

(a)encouraged or helped to engage in prostitution, or

(b)coerced or inveigled into engaging in prostitution.

(1.2)For the purpose of subsection (1) (a) and (c) but without limiting the circumstances that may increase the likelihood of physical harm to a child, the likelihood of physical harm to a child increases when the child is living in a situation where there is domestic violence by or towards a person with whom the child resides.

(2)For the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates severe

(a)anxiety,

(b)depression,

(c)withdrawal, or

(d)self-destructive or aggressive behaviour.

(3)For certainty, a child does not need protection in the circumstances described in subsection (1) (d) or (h) solely on the basis of socioeconomic conditions, including the following:

(a)poverty;

(b)the lack of adequate housing or infrastructure;

(c)the state of health of a parent of the child.