The Children's Aid Society of the Districts of Sudbury and Manitoulin

Duty to Report

The Child, Youth and Family Services Act creates a single duty to report for the public and professionals to report any suspicion that a child may be in need of protection to CAS. It clarifies that the duty to report is an ongoing obligation that cannot be delegated to another person.

Despite the provisions of any other Act, if a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall forthwith report the suspicion and the information on which it is based to a Society.

A person who has additional reasonable grounds to suspect one of the matters set out in Section 125 (1) shall make a further report even if he or she has made previous reports with respect to the same child.

A person who has a duty to report a matter shall make the report directly to the Society and shall not rely upon any other person to report on his or her behalf.

Failure to Report
125 (5) A person referred to in subsection (6) is guilty of an offence if, (a) he or she contravenes subsection (1) or (2) by not reporting a suspicion; and (b) the information on which it was based was obtained in the course of this or her professional or official duties.

Any professional or official who fails to report their suspicion of child abuse is liable on conviction to a fine of not more than $5, 000.00.

An investigation will be carried out jointly, upon receipt of information. The decision to charge for “failure to report” shall be made by the Police after consultation with CAS.

The CYFSA provides protection from liability so long as the reporting is not done maliciously or without reasonable grounds for the suspicion.

Reporting child abuse and neglect – it’s your duty (via the Ministry of Children, Community and Social Services)

What happens when you call? (PDF)