33 7) The child has suffered emotional harm of the kind described in subparagraph a, b, c, d, or e of paragraph 6 and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the harm. 8) There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph a, b, c, d, or e of paragraph 6 resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child. 9) There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph a, b, c, d, or e of paragraph 6 and that the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to prevent the harm. 10) The child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition. 11) The child’s parent has died or is unavailable to exercise the rights of custody over the child and has not made adequate provision for the child’s care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child’s care and custody. 12) The child is less than 12 years old and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment. 13) The child is less than 12 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. The duty to report under the CYFSA is of such importance that there can be legal consequences for failing to uphold this duty. The CYFSA states that a person who performs professional or official duties with respect to children, including an early childhood educator, is guilty of an offence if he or she does not report a reasonable suspicion that a child may be in need of protection (i.e. that one of the harms, risks or circumstances listed in section 125(1) may exist), and the information on which it was based was obtained in the course of his or her professional or official duties.17 If a person, such as an RECE, fails to report when they are obligated to do so, they may be liable of a fine up to $5,000 If you have any questions or concerns about the Child, Youth and Family Services Act s. 125 (1) please feel free to speak to the Day Care Lead or contact your local Children’s Aid Society.
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