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Statutes of Newfoundland 1992


CHAPTER 57

CHAPTER 57

AN ACT TO AMEND THE CHILD WELFARE ACT

(Assented to December 23, 1992)

Analysis

1. S.38 R&S
Report of ill-treatment

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cC-12

1. Section 38 of the Child Welfare Act is repealed and the following substituted:

Report of ill-treatment

38. (1) Where a person has information that a child has been, is or may be in danger of abandonment, desertion, neglect, physical, sexual or emotional ill-treatment or has been, is or may be otherwise in need of protection, the person shall immediately report the matter to the director, a social worker or a peace officer.

(2) Where a person makes a report under subsection (1), the person shall report all the information in his or her possession.

(3) Where a report is made to a peace officer under subsection (1), the peace officer shall, as soon as possible after receiving the report, inform the director or a social worker.

(4) This section applies, notwithstanding the provisions of another Act, to a person referred to in subsection (5) who, in the course of his or her professional duties has reasonable grounds to suspect that a child has been, is or may be in danger of abandonment, desertion, neglect, physical, sexual or emotional ill-treatment, or has been, is or may be otherwise in need of protection.

(5) Subsection (4) applies to every person who performs professional or official duties with respect to a child, including,

(a) a health care professional;

(b) a teacher, school principal, social worker, family counsellor, member of the clergy, rabbi, operator or employee of a day care centre and a youth and recreation worker;

(c) a peace officer; and

(d) a solicitor.

(6) This section applies notwithstanding that the information is confidential or privileged, and an action does not lie against the informant unless the making of the report is done maliciously or without reasonable cause.

(7) A person shall not interfere with or harass a person who gives information under this section.

(8) A person who contravenes this section is guilty of an offence and is liable on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment.

(9) Notwithstanding section 8 of the Summary Proceedings Act, an information or complaint under this section may be laid or made within 3 years from the day when the contravention occurred.

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