According to the Sections 13 and 14 Child, Family and Community Service Act – BC Laws (the “CFCSA”) protection is needed when:

13. (1) A child needs protection in the following circumstances:

(a) if the child has been, or is likely to be, physically harmed by the child’s parent;
(b) if the child has been, or is likely to be, sexually abused or exploited by the child’s parent;
(c) if the child has been, or is likely to be, physically harmed, sexually abused or sexually
exploited by another person and if the child’s parent is unwilling or unable to protect the child;
(d) if the child has been, or is likely to be, physically harmed because of neglect by the child’s
parent;
(e) if the child is emotionally harmed by the parent’s conduct;
(f) if the child is deprived of necessary health care;
(g) if the child’s development is likely to be seriously impaired by a treatable condition and the
child’s parent refuses to provide or consent to treatment;
(h) if the child’s parent is unable or unwilling to care for the child and has not made adequate
provision for the child’s care;
(i) if the child is or has been absent from home in circumstances that endanger the child’s
safety or well-being;
(j) if the child’s parent is dead and adequate provision has not been made for the child’s care;
(k) if the child has been abandoned and adequate provision has not been made for the child’s
care;
(l) if the child is in the care of a director or another person by agreement and the child’s parent
is unwilling or unable to resume care when the agreement is no longer in force.
(1.1) For the purpose of subsection (1) (b) and (c) and section 14 (1) (a) but without limiting the meaning of
“sexually abused” or “sexually exploited”, a child has been or is likely to be sexually abused or sexually
exploited if the child has been, or is likely to be,
(a) encouraged or helped to engage in prostitution, or
(b) coerced or inveigled into engaging in prostitution.
(2) For the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates severe
(a) anxiety,
(b) depression,
(c) withdrawal, or
(d) self-destructive or aggressive behaviour.

Duty to report need for protection:

14 (1) A person who has reason to believe that a child needs protection under section 13 must promptly

(2) Subsection (1) applies even if the information on which the belief is based
(a) is privileged, except as a result of a solicitor-client relationship, or (b) is confidential and its
disclosure is prohibited under another Act.
(3) A person who contravenes subsection (1) commits an offence.
(4) A person who knowingly reports to a director, or a person designated by a director, false information that a
child needs protection commits an offence.
(5) No action for damages may be brought against a person for reporting information under this section unless
the person knowingly reported false information.
(6) A person who commits an offence under this section is liable to a fine of up to $10,000 or to imprisonment
for up to 6 months, or to both.
(7) The limitation period governing the commencement of a proceeding under the Offence Act does not apply
to a proceeding relating to an offence under this section.


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