Chapter 13 Child Welfare Constitutional Powers Constitutional Powers Constitutional Powers Constitutional Powers Welfare and Education Welfare and Education Welfare and Education Welfare and Education Day Care in Schools Day Care in Schools Day Care in Schools Day Care in Schools Welfare Children in Schools Welfare Children in Schools Welfare Children in Schools Welfare Children in Schools Child Protection Child Protection Child Protection Child Protection Children in Need of Protection Children in Need of Protection Children in Need of Protection Children in Need of Protection Apprehensions in Schools Apprehensions in Schools Apprehensions in Schools Apprehensions in Schools Very Young Offenders Very Young Offenders Very Young Offenders Very Young Offenders Child Abuse Child Abuse Child Abuse Child Abuse Child Abuse Reporting Child Abuse Reporting Child Abuse Reporting Child Abuse Reporting

Child Welfare The term “child welfare” covers a multitude of [social] services provided to children to ensure their health, safety, security, and development... including daycare, adoption, and child protection. The term “child welfare” covers a multitude of [social] services provided to children to ensure their health, safety, security, and development... including daycare, adoption, and child protection. Child protection includes the prevention and detection of child abuse as well as protective custody of children in foster care and group homes. Child protection includes the prevention and detection of child abuse as well as protective custody of children in foster care and group homes.

Social services, education, and health generally share services for physically handicapped, mentally retarded, and emotionally disturbed children. Social services, education, and health generally share services for physically handicapped, mentally retarded, and emotionally disturbed children. Child welfare services can be distinguished from, but border on, health, education, recreational services for children, and welfare services for adults... (e.g. Family service organizations such as Income Assistance and Social Services may deal directly with parents but almost always have child welfare as their main objective.) Child welfare services can be distinguished from, but border on, health, education, recreational services for children, and welfare services for adults... (e.g. Family service organizations such as Income Assistance and Social Services may deal directly with parents but almost always have child welfare as their main objective.)

Teachers and Child Welfare Child welfare provisions affect teachers and apply to all teachers in Canada in the areas of daycare, daycare, child protection, child protection, school children in contact with the child welfare system. school children in contact with the child welfare system. mandatory reporting of child abuse. mandatory reporting of child abuse.

Child Protection Child Protection All provinces and territories have child protection legislation...to provide care for children when the family is not providing adequate care or is absent. All provinces and territories have child protection legislation...to provide care for children when the family is not providing adequate care or is absent. A provincial ministries or departments are responsible for social services in seven provinces and the territories (FCS in NB) A provincial ministries or departments are responsible for social services in seven provinces and the territories (FCS in NB) In Manitoba, Ontario, and Nova Scotia private organizations called “children's aid societies” or “child and family service agencies” provide the services. In Manitoba, Ontario, and Nova Scotia private organizations called “children's aid societies” or “child and family service agencies” provide the services.

Child Protection Child Protection Child protection authorities can provide help to families in difficulty provide help to families in difficulty remove “children whose security or development is in danger” from families remove “children whose security or development is in danger” from families take “children in need of protection” into protective custody when the welfare of the children requires this. take “children in need of protection” into protective custody when the welfare of the children requires this.

Children in Need of Protection Children in Need of Protection The Child, Family and Community Service Act of British Columbia defines a child in need of protection. 13 (1) A child needs protection in the following circumstances: 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; (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; (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; (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; (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 the parent's conduct; (e) if the child is emotionally harmed by the parent's conduct;

Children in Need of Protection Children in Need of Protection (f) if the child is deprived of necessary health care; (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; (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; (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; (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; (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; (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. (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.

Apprehensions in Schools Apprehensions in Schools Child–protection workers frequently enter schools to question children suspected of having been abused or to take such children into protective custody. Child–protection workers frequently enter schools to question children suspected of having been abused or to take such children into protective custody. If the child–protection worker is not known to school authorities, the authorities ask for identification and verify the child–protection worker's function with the social services agency having jurisdiction in that area. If the child–protection worker is not known to school authorities, the authorities ask for identification and verify the child–protection worker's function with the social services agency having jurisdiction in that area. Some provinces have provisions for warrants for children to be taken into protective custody. Some provinces have provisions for warrants for children to be taken into protective custody.

Apprehensions in Schools Apprehensions in Schools Precautions are necessary because schools are also a favourite location for child snatching resulting from parental custody disputes. Precautions are necessary because schools are also a favourite location for child snatching resulting from parental custody disputes. School officials recognize that child–welfare workers do have the right to enter schools to question and remove children and that such children are not protected by any rights comparable to those contained in the Youth Criminal Justice Act. School officials recognize that child–welfare workers do have the right to enter schools to question and remove children and that such children are not protected by any rights comparable to those contained in the Youth Criminal Justice Act.

Very Young Offenders Very Young Offenders Children who have reached the age of 12 and who commit serious offences may be dealt with under the Youth Criminal Justice Act, a federal statute. Children who have reached the age of 12 and who commit serious offences may be dealt with under the Youth Criminal Justice Act, a federal statute. Offenders younger than 12 are frequently dealt with by the child welfare system. Ontario has special provisions for this in the Child and Family Services Act. Two of its 12 criteria for children in need of protection, contained in section 37(2), concern very young offenders. Offenders younger than 12 are frequently dealt with by the child welfare system. Ontario has special provisions for this in the Child and Family Services Act. Two of its 12 criteria for children in need of protection, contained in section 37(2), concern very young offenders.

Protection is deemed necessary when: (j) the child is less than twelve years old and has killed or seriously injured another person or has caused serious damage to another person's property, services or treatment are necessary to prevent a recurrence and the child's parents or the person having charge of the child does not provide, or refuses or is unavailable to consent to, those services or treatment; (j) the child is less than twelve years old and has killed or seriously injured another person or has caused serious damage to another person's property, services or treatment are necessary to prevent a recurrence and the child's parents or the person having charge of the child does not provide, or refuses or is unavailable to consent to, those services or treatment;

Protection is deemed necessary when: (k) the child is less than twelve years old and has on more than one occasion injured another person or caused loss or damage to another person's property, with the encouragement of the person having charge of the child or because of that person's failure or inability to supervise the child adequately; (k) the child is less than twelve years old and has on more than one occasion injured another person or caused loss or damage to another person's property, with the encouragement of the person having charge of the child or because of that person's failure or inability to supervise the child adequately;

A serious offence by the child is not sufficient to create a need for protection. There must also be a failure by the person having custody of the child to take corrective or preventive action. A serious offence by the child is not sufficient to create a need for protection. There must also be a failure by the person having custody of the child to take corrective or preventive action.

(Ontario provision) [Ontario] Child and Family Services Act provides a process resembling arrest for police to take a very young offender into custody 42.(1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently under twelve years of age has committed an act in respect of which a person twelve years of age or older could be found guilty of an offence may apprehend the child without a warrant and on doing so, 42.(1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently under twelve years of age has committed an act in respect of which a person twelve years of age or older could be found guilty of an offence may apprehend the child without a warrant and on doing so, (a) shall return the child to the child's parent or other person having charge of the child as soon as practicable; or (a) shall return the child to the child's parent or other person having charge of the child as soon as practicable; or

(b) where it is not possible to return the child to the parent or other person within a reasonable time, shall take the child to a place of safety to be detained there until the child can be returned to the parent or other person. (b) where it is not possible to return the child to the parent or other person within a reasonable time, shall take the child to a place of safety to be detained there until the child can be returned to the parent or other person. (2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child's parent or other person having charge of the child of the child's detention so that the child may be returned to the parent or other person. (2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child's parent or other person having charge of the child of the child's detention so that the child may be returned to the parent or other person. The “place of safety” refers to any of the placement options open to child protection workers who take children into protective custody. The “place of safety” refers to any of the placement options open to child protection workers who take children into protective custody. In Ontario an underage offender is seen as a child welfare concern. In Ontario an underage offender is seen as a child welfare concern.

Child Abuse Child Abuse Child abuse is often considered to be of four types: Child abuse is often considered to be of four types: physical abuse, physical abuse, sexual abuse, sexual abuse, emotional abuse, and emotional abuse, and neglect. neglect.

American federal Child Abuse Prevention and Treatment Act “child abuse and neglect” is defined as “the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen, or the age specified by the child protection law of the State in question, by a person who is responsible for the child's welfare under circumstances which indicate that the child's health or welfare is harmed or threatened thereby,...”. “child abuse and neglect” is defined as “the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen, or the age specified by the child protection law of the State in question, by a person who is responsible for the child's welfare under circumstances which indicate that the child's health or welfare is harmed or threatened thereby,...”.

CHILD ABUSE NB: All provinces and territories legally require teachers (and several other groups of professionals) to report suspected child abuse. In New brunswick, reporting is required under both the Family Services Act and the Education Act. In New brunswick, reporting is required under both the Family Services Act and the Education Act. British Columbia's Inter-Ministry Child Abuse Handbook mentions some signs of child abuse that are likely to be apparent to teachers (77–78).... These signs are especially serious if they are consistent over time, long lasting, pervasive, or repeated. British Columbia's Inter-Ministry Child Abuse Handbook mentions some signs of child abuse that are likely to be apparent to teachers (77–78).... These signs are especially serious if they are consistent over time, long lasting, pervasive, or repeated.

CHILD ABUSE Educators should be concerned about the student who is: Educators should be concerned about the student who is: 1. Frequently tardy. 1. Frequently tardy. 2. Very reluctant to attend school. 2. Very reluctant to attend school. 3. Frequently absent from school. 3. Frequently absent from school. 4. Apparently reluctant to go home after school. 4. Apparently reluctant to go home after school. 5. Frequently inadequately dressed for the season or the weather. 5. Frequently inadequately dressed for the season or the weather.

CHILD ABUSE Of obvious concern is the student who: 1. Appears to be undernourished. 1. Appears to be undernourished. 2. Has obvious medical needs that are not receiving attention. 2. Has obvious medical needs that are not receiving attention. 3. Has physical injuries such as bruises, welts, cuts or burns and whose explanations appear to be incompatible with the nature or extent of the injury. 3. Has physical injuries such as bruises, welts, cuts or burns and whose explanations appear to be incompatible with the nature or extent of the injury. 4. Appears to be unusually fearful to undress at appropriate times such as for gym class. 4. Appears to be unusually fearful to undress at appropriate times such as for gym class. 5. Complains of pain around the genital or mouth and throat area. 5. Complains of pain around the genital or mouth and throat area. 6. Mentions that “it hurts when going to the bathroom”. It should be noted that frequently students demonstrating these symptoms are fearful when questioned regarding an injury. 6. Mentions that “it hurts when going to the bathroom”. It should be noted that frequently students demonstrating these symptoms are fearful when questioned regarding an injury.

Special Role of Teachers Teachers have a special role since they routinely come into contact with so many children. On one hand: Teachers have a special role since they routinely come into contact with so many children. On one hand: Teachers have expressed concern that the parents will retaliate against the child if the child has reported the abuse to the teacher or that they may retaliate directly against the teacher. At best, relationships are likely to be strained. Teachers have expressed concern that the parents will retaliate against the child if the child has reported the abuse to the teacher or that they may retaliate directly against the teacher. At best, relationships are likely to be strained. On the other: On the other: Teachers in all provinces and territories are required by law to report suspected child abuse to provincial or territorial child protection officials. Teachers in all provinces and territories are required by law to report suspected child abuse to provincial or territorial child protection officials.