Here's who we report to in Saskatchewan which clearly states 'anyone' who suspects child abuse/neglect (not anyone who is certified/qualified) must report it. I'd like to know if this judge thinks daycare workers in Saskatchewan are 'not allowed' to report since he'd be taking on the provincial government here. I think he made his judgement based on his personal opinion and not laws/facts. I'd see what the methods of reporting abuse/neglect is in each province (I'm sure they all state we must report), that would be good info to support your appeal!
Here's who we report to in Saskatchewan which clearly states 'anyone' who suspects child abuse/neglect (not anyone who is certified/qualified) must report it. I'd like to know if this judge thinks daycare workers in Saskatchewan are 'not allowed' to report since he'd be taking on the provincial government here. I think he made his judgement based on his personal opinion and not laws/facts. I'd see what the methods of reporting abuse/neglect is in each province (I'm sure they all state we must report), that would be good info to support your appeal!
Wow yours is really detailed and great that it says that it's not your job to determine but a trainee social worker. And you can get a $25000 fine and imprisonment for not reporting.
Here's who we report to in Saskatchewan which clearly states 'anyone' who suspects child abuse/neglect (not anyone who is certified/qualified) must report it. I'd like to know if this judge thinks daycare workers in Saskatchewan are 'not allowed' to report since he'd be taking on the provincial government here. I think he made his judgement based on his personal opinion and not laws/facts. I'd see what the methods of reporting abuse/neglect is in each province (I'm sure they all state we must report), that would be good info to support your appeal!
Honestly, this really leaves me with such a loss of faith in our justice system. This judge needs a bollocking and significant consequences. The link clearly states that the "public" have a duty to report. It also lists professionals which include child and youth service providers which would include our profession. ABSOLUTLY NOWHERE does it say that those professionals must be licensed, also it says that the public have as much responsibility as a professional. It also states clearly that the person who files the report, should a civil case be brought against them, will be fully protected.
How the hell has this happened???? This judge is going against Ontario Provincial laws WTF!?! And why have CAS not been along side you through this entire trial? They are also responsible in part for this. I am so furious.....I wish I was your lawyer, this is outrageous. I'll write my letter and back it up all they way home. Anything else I can help you with please feel free to message me!
The judge isn't following Ontario laws, it says right there:
"Who is responsible for reporting a child in need of protection?
Anyone who has reasonable grounds to suspect that a child is or may be in need of protection must promptly report the suspicion and the information upon which it is based to a CAS."(Doesn't say people have to be qualified/certified or must speak with the family involved or doctor).
"What are "reasonable grounds" to suspect child abuse or neglect?
It is not necessary for you to be certain a child is or may be in need of protection to make a report to a CAS. "Reasonable grounds" refers to the information that an average person, using normal and honest judgment, would need in order to decide to report." (Daycare providers have experience meeting daily needs of children. We have the common sense to identify if a child's well being is at risk. Plus it's better to be safe than sorry.)
Is there a way to push for more support from CAS? Sue them for not standing up for you and defending their own policies....that would get some attention!
I think if you can get media interest you may be able to find a lawyer to take your case pro bono....seems like it could be precedent setting.
Always ensure that your child receives quality care by taking the time to investigate the provider and by asking for references! We simply cannot verify the claims of every daycare provider.
Updates
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