Script 156 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

The protection of children is considered one of society’s greatest obligations
In addition to the normal rules of criminal and civil law that apply to everyone, there’s also specific provincial legislation called the Child, Family and Community Service Act, which is intended to protect children from sexual and physical abuse and neglect. The Act defines a child as any person under 19.

How is abuse and the neglect of children defined?
The law defines these things as follows:

• “Sexual abuse” means any sexual touching or intercourse between a child and an older person, or using a child for sexual purposes.
• “Physical abuse” means any physical force or action by a parent or adult which could injure a child and which exceeds “reasonable discipline.”
• “Neglect” means failing to look after the physical, emotional or medical needs of a child, so that the child’s health, development or safety is endangered.

You must report suspected child abuse or neglect
If you have reason to believe that a child has been or is likely to be abused or neglected or is in need of protection, section 14 of the Child, Family and Community Service Act requires you to report your suspicions to the Ministry of Children and Family Development. It doesn’t matter if the suspected abuser is your neighbor, patient, family member, church member or other person. Your duty to report your suspicions takes legal priority over any claim of confidentiality or privilege. It’s an offence not to report suspicions of abuse or neglect. The only exception is for a lawyer who may suspect his or her client.

You won’t be sued or prosecuted for reporting your suspicions
The Child, Family and Community Service Act protects you from being sued or prosecuted for reporting a suspected abuser. This assumes, of course, that you are acting in good faith and on reasonable grounds when you report your suspicions.

How do you make a report?
You may make a report by calling either of the following:

• A Ministry of Children and Family Development office in your area.
• The 24-hour toll free Children’s Help Line for reporting suspected abuse. Dial 310.1234 anywhere in BC. You don’t need to dial an area code.

If a child is in immediate danger, call the police
Dial 911 or the operator and ask for police assistance.

What happens when you make a report?
The report that you make to the Ministry will be taken by a social worker. The social worker will want as much relevant information as possible from you, including the name and address of the child, the parents, anyone else involved, and the reasons why you think that the child has been or will be abused.

You don’t have to give your name when you make a report
But it’s helpful for the social worker to have your name. Unless a criminal court hearing results from criminal charges being laid by police and you’re needed as a witness, your name will remain confidential. However, even if your name isn’t released, your identity may become known due to the specifics of the information you provide.

The social worker will look into the matter
The social worker will assess the information that you provide and determine the most appropriate response to ensure the child’s safety and well-being and to help the family care safely for the child. The responses can include:

• taking no further action
• referring the family to support services
• where concerns for the safety of the child exist, providing a “family development response” or conducting an investigation

What’s a family development response?
A family development response may be provided when the risk of harm to the child is low and the child’s parents will work cooperatively with the social worker. This response involves an intensive, time-limited, supportive approach. It consists of an assessment of the family’s strengths and problem areas, and the provision of support services to help the family while monitoring the child’s safety.

When is a child abuse investigation done?
If you report allegations of serious abuse, the social worker may decide to conduct a child abuse investigation. If the allegations involve physical or sexual abuse, the social worker will also advise the police, who may conduct their own investigation as well.

The investigation and prosecution of abuse cases is sensitive to the feelings of children. Whenever possible, the Ministry of Children and Family Development and the police conduct a joint investigation to reduce the number of interviews and the anxiety felt by a child involved in the process.

Will the child be removed from the home?
If the child is in danger of continued abuse or neglect during or at the end of an investigation and there are no other ways of keeping the child safe, the child may be taken into the care of the Ministry or returned to a parent, relative or other person who has a significant relationship with the child.

What about criminal charges?
If the police determine that a criminal offence has been committed, they may decide to lay criminal charges against the abuser that will result in criminal court hearings. The prosecutor works with the police and the Ministry in suspected child abuse cases to make the court experience less upsetting for a child.

Is there help for victims of child abuse?
If you or someone you know has been a victim of child abuse, there may be an organization in your community that can provide help and support. If you don’t know who to contact, call the toll-free Victims Information Line at 1.800.563.0808.

Where can you find more information?

• See the link on “Protecting Children” on the Ministry of Children and Family Development’s website at www.mcf.gov.bc.ca. 
• For more information on child removal, refer to script 141 called “Child Protection and Removal”.

[updated October 2007]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• in writing, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.

© Copyright 1983-2007 Canadian Bar Association, British Columbia