Media coverage of a mother who complained after her child’s dentist reported her to a Children’s Aid Society (CAS) for possible “oral neglect” highlights a potential risk of complying with a health professional’s mandatory duties in cases where they learn there is a child in need of protection, Lonny Rosen tells AdvocateDaily.
“They may have to respond to a College complaint for making the mandatory report,” he says.
“Health professionals are required under the Child, Youth and Family Services Act to make a report to a CAS where they have reasonable grounds to suspect that a child has suffered harm or abuse, or requires medical treatment to which the parent does not consent.
“This is a duty that cannot be delegated to a staff member.”
Rosen says that when making such a report, professionals should prepare for a possible complaint by ensuring that the report is justified and that the basis for the report is well-documented.
“Seeking counsel before doing so is always prudent, first to receive advice as to whether the reporting obligation is triggered, and second because many professionals have received complaints relating to such a report,” he says.
Posted in: In The Media