A Guide for Families Being Investigated for Child Abuse

This "Guide for Families Being Investigated for Child Abuse" was first published in the Daily Graphic on July 18, 1989, Portage la Prairie, Manitoba. It was written by Janet Shindle M.S.W., Executive Director for Child and Family Services of Central Manitoba.

Experiencing an Abuse Investigation

The possibility that someone in your family would ever be investigated for child abuse probably never crossed your mind until it actually happened.

When it did, you probably felt angry, betrayed, hurt and likely confused about what was happening to your family. You may have felt that the agency or police who conducted the investigation were insensitive to your feelings or disbelieving of what you had to say.

You may even have felt at times that people lied to you or failed to keep their promises, that they were slow to return your calls or that generally they just didn't care about you.

One of the problems you may have experienced is the problem of being powerless to control most of what was going on, and of not knowing whether or not the investigation was being conducted properly. You most certainly wondered why it took so long.

This guide will hopefully give you some of the information you will need to understand the process and why people do what they do in abuse investigations.

The Dual Roles of Social Workers and Police

Responsibility for the investigation of child abuse in Manitoba is shared by Child and Family Services and the police. While the problem of abuse is something which must be addressed from a protection and treatment point of view, it is also a criminal offence to abuse a child. Police and social workers usually work together but their jobs are very different and they are involved for different reasons.

Police officers will be attempting to determine what, if anything, happened and if what did happen is a crime under the Criminal Code of Canada. If they determine that it is, you can likely expect to be charged and to be required to appear in court. You are entitled to retain a lawyer and should be warned prior to giving any statement that what you say can be used in court.

Social workers as well must attempt to establish what happened. They do have the right, if they have reason to believe abuse has occurred, to interview your children without your permission. They will also be speaking to you and to others who may be knowledgeable of what has occurred. Your children will likely be medically examined for possible medical evidence of abuse.

Once they have determined what has most likely occurred, they must make a judgement about the safety of the children in the situation. They may decide there is no evidence of abuse and no one is in need of protection. They may decide the incident was a one-time occurrence and the whole family could benefit from counselling or that a child or children will need to come into care for a period of time.

Regardless of what they decide, you as a parent MUST be informed. A Family Court judge will decide whether or not the children will remain care.

Two Standards of Proof

The reason that children are sometimes apprehended when no charge is laid is that the standard of proof differs between Criminal and Family Courts. While the Criminal Court process must establish guilt beyond a reasonable doubt, Family Court deals in the "balance of probabilities".

If the agency has a reason to believe a child is in need of protection, they will proceed with or without the criminal charge. This is another reason you may wish to retain a lawyer even in the absence of criminal charges. It is often possible to negotiate a voluntary placement of children and to enter into treatment in order to speed up the process of bringing your family back together. Being truthful with everyone will speed up this process, although you may feel it will hurt your chances in Criminal Court. You will need to decide.

In Manitoba, once a referral of abuse has been investigated by an agency, the agency is required to present the information to a mandated Child Abuse Committee. If you are convicted in a criminal court or are found by a family court judge to have abused the child, your name will be entered on the registry without appeal.

Reexamining Your Family Relationships

Regardless of how well all of the workers and police officers involved do their jobs, going through this investigation may very well be one of the most difficult times your family will ever experience. The Criminal Court process may take over a year if the plea is "not guilty" and you may choose to invest a great deal of your energy in fighting with the Child Welfare Agency.

Depending on how families choose to handle it, this can be a time of reexamining your family relationships and searching for new ways to live together without anyone getting hurt.

Coming to terms with the reality that you have abused your child or that your spouse has abused your child may, in fact be more difficult that anything the police or social workers could do to you. It takes immense courage and the will to struggle with a great deal of pain in order to succeed.

Throughout the process, you have the right to ask questions and be given answers about what is happening and why. Workers will recognise your right to be angry, but they are not required to be subjected to verbal or physical abuse.

If you are not satisfied with the agency's handling of your case, request a copy of the agency's Appeal Procedure and follow it. If your problem is with the police, request a meeting with their supervisor to voice your concerns.

Coming to Terms with The Past and The Future

If you have abused your child or someone else's child, the agency can work out a treatment plan for you. Many individuals who abuse have experienced abuse themselves and may not understand how it has affected them.

Families seldom are permanently separated because of abuse. Hopefully you can go on with the job of raising your children and change a potential legacy of pain to one of healthy family development and renewed togetherness.