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Do I need to report this?

Reporting laws differ across Canada. This page describes Ontario law.

Sometimes the answer feels obvious. Sometimes it doesn't.

There are several things that can affect what happens next: your child's age, who caused the harm, whether that person still has access to your child or other children, how your child feels about reporting, whether medical attention is needed, and whether there are ongoing safety concerns.

There are circumstances where reporting is legally required. In Ontario, if you have reasonable grounds to suspect that a child under 16 is or may be in need of protection, you must immediately report that concern directly to a Children's Aid Society. In other situations—particularly when abuse happened in the past and was against someone who is now an adult with no apparent ongoing danger—what needs to happen next may depend on the circumstances.

You may be thinking:

• I'm not even sure what happened.

• I don't have proof.

• It happened a while ago and my child is safe now.

• It was another child. I don't want to get them in trouble.

• It was someone in our family. Can't we handle this privately?

• My child is begging me not to tell.

• What if I'm wrong?

These are understandable questions. Reporting can feel like a very big step, particularly when you don't know what will happen after you make the call.

You don't need to have everything figured out before asking for help.

Who will you report to?

The answer varies because “reporting” does not always mean the same thing.

Children's Aid Society (CAS)
CAS is concerned with the safety and protection of children. In Ontario: If you have reasonable grounds to suspect that a child under 16 is or may be in need of protection, you must immediately report your suspicion and the information it is based on directly to a Children's Aid Society. For youth who are 16 or 17, concerns may still be reported to Children's Aid, although Ontario's general mandatory duty to report does not apply in the same way.

You do not need proof before calling CAS. You can tell them exactly what you know — and what you don't.

Police
Police investigate whether a criminal offence may have occurred. A report to police is different from a report to Children's Aid. Depending on the circumstances, one or both may become involved. If your child is in immediate danger, call 911.

Medical care
Sometimes the most immediate next step is healthcare. If the abuse was recent, your child is injured, there may have been exposure to a sexually transmitted infection or pregnancy is possible, medical assessment may be important.

Seeking medical care does not require you to have figured out everything else first.

What about what my child wants?

Your child's wishes matter.

Whenever possible, children and young people should be told what is happening, have things explained in language they understand, and be given meaningful choices about the parts of the process that can be their choice.

There may be times when an adult has a legal responsibility to report even when a child desperately does not want them to.

You can be honest:

“I hear that you don't want me to tell anyone. I'm going to be very careful about who needs to know. There are some things adults have to do to keep children safe, and I will tell you what I can about what happens next.”

Avoid promising secrecy that you may not be able to keep.

What if my child is safe now?

This is where parents can understandably become confused. Removing someone from your child's life is an important protective step, but it does not automatically answer whether a report is required or appropriate. For a child under 16, a disclosure of past abuse may still create a duty to report even when the person no longer has access to the child.

The circumstances matter. For example:

• How old is your child?

• Who caused the harm?

• Did that person have responsibility for or authority over your child?

• Could they still have access to your child?

• Could other children be at risk?

• Is there information suggesting your child may still need protection?

You do not have to answer these questions like an investigator. They simply help explain why two situations that sound similar may have different reporting requirements.

If you aren't sure whether Ontario's duty to report applies, you can call Children's Aid and say:

“My child told me about something that happened in the past. I've made sure they no longer have contact with this person, but I'm not sure whether I am required to report it. Can you help me understand what I need to do?”

Reporting is not the same as proving

Perhaps the most important thing to know is this:

You are not responsible for determining whether abuse occurred.

You don't need evidence. You don't need a complete story. You don't need to decide whether someone committed a crime.

Your job is to listen to your child, protect them, and share concerns when necessary.

You are allowed to say:

“This is what my child told me. This is what concerns me. This is what I've done to keep them safe. There are things I still don't know.”

Uncertainty does not prevent you from asking for help.

And making a call to ask what you should do next does not require you to already know the answer.

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