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Abstract
This paper focusses on the legal, ethical, and clinical implications for Canadian psychologists of the child protection legislation that makes it mandatory to report children who are in need of protection. Provincial and territorial statutes and Canadian case law dealing with the reporting duty are examined. The Canadian Code of Ethics for Psychologists (C.P.A., 1991) and its proposed decision-making process for resolving ethical dilemmas are applied to a review of the ethical and clinical issues associated with the mandatory reporting laws. Guidelines are proposed regarding how psychologists can best negotiate the dilemma of how to participate in society's mandate to protect children given often conflicting legal, ethical, and professional obligations.
Child maltreatment has been recognized as a problem requiring state intervention since the first child protection legislation was enacted in 1893 (S.O., Child Protection Act). Since 1980, nearly every province and territory has amended its child protection legislation in order to more easily protect children whose security and developmental needs are at risk. Duty to report statutes have been designed to identify children in need of protection as quickly as possible to enable the child welfare systems to respond with protection for the child and help for the family. However, legislating the reporting of suspected and known maltreatment as mandatory has caused specific ethical difficulties for practitioners who are regularly confronted with suspicions or testimonials of child abuse, but whose professional regulatory organizations, practice guidelines, and ethical codes reinforce the importance of psychologist-client confidentiality.
This paper will examine the implications of duty to report legislation for Canadian psychologists. Provincial and territorial statutes and Canadian case law dealing with the reporting duty will be reviewed(f.1). Ethical and clinical issues associated with this duty will also be examined following the Canadian Psychological Association Canadian Code of Ethics for Psychologists (1991)(f.2) and its procedures for resolving ethical dilemmas. Finally, guidelines will be proposed regarding how psychologists can best negotiate the dilemma of how to participate in the societal mandate to protect children given often conflicting professional, ethical, and legal requirements.
OBJECTIVES OF THE REPORTING LAWS
Laws against child abuse and neglect reflect a recognition that society has a compelling interest in stopping child maltreatment. Justification for mandatory reporting and state intervention in child abuse cases is based...