Assessing Cases Involving Victims of Abuse or Neglect

Safety Precautions when Assessing Cases Involving Victims of Abuse or Neglect

• When sponsored spouses or partners contact CIC to report abuse or neglect, they could:
• Have ceased cohabiting with their sponsor or,
• Be still residing in the home with the sponsor
• However, the sponsored spouse or partner would need to request an exemption after they ceased to cohabit with their sponsor, for an exception to apply
• Therefore, the CIC officers would need to exercise caution and sensitivity when they deal with:
• Permanent residents, who
• Are or were subject to the condition, who
• Report abuse or neglect
• CIC officers would need to ensure that they safeguard the sponsored person and any children who might be involved in the incidents of abuse or neglect

Interview Considerations

• CIC officers would need to allow the sponsored persons, who are or were subject to the condition, to provide submissions and supporting evidence via:
• Mails
• E-mails or,
• Telephonic interviews
• If possible, the CIC officers could render a decision based on the documentation received
• CIC officers could conduct interviews, if they are not satisfied by the documentation provided
• Situations could arise that make it difficult for a sponsored person, who is or was subject to the condition, to attend the interview because of:
• Financial constraints or,
• The geographical distance
• CIC officers would need to consider these factors when they:
• Assess compliance or,
• Request evidence for the purpose of evaluating an exception request
• CIC officers could take guidance from their supervisors or from the NHQ-OMC in situations where:
• There is insufficient evidence and,
• An in-person interview is warranted
• CIC officers would need to send all communications to the sponsored person, who is or was subject to the condition, to the sponsored person’s:
• Address
• E-mail
• Phone or,
• Fax number
• These communications would typically include the requesting of submissions, in situations where there are allegations of abuse or neglect, via:
• Mails
• Faxes
• E-mails or,
• Telephonic interviews
• CIC officers must not send these communications if they are unable to assess the safety of the address, e-mail, the phone or fax number provided by the sponsored person, to guard against possible intervention by the perpetrator
• In their correspondence, CIC officers would need to provide:
• A deadline for the submissions and,
• An outline of the possible consequences of not providing a response, which could include:
• The refusal of the exception request or,
• The pursuit of a Section 44 report, in cases of non-compliance
• The CIC officers would need to make several attempts to contact the individual, if they are unable to contact the individual after they have received a request for the application of exception on the grounds of abuse or neglect
• If the CIC officers are still unable to contact the individual, they would need to:
• Make a decision based on the information available and,
• Update the GCMS to highlight:
• The steps taken to contact the individual and,
• The manner in which they attempted to contact the individual (i.e. phone calls, letters, e-mails etc.)

The Legal Obligation to Report to Child Welfare Authorities

• CIC officers or agents would need to report any information regarding any form of abuse against a child or in the presence of a child to:
• Their immediate supervisor or,
• Their manager and,
• CIC-NHQ
• The supervisor or manager would need to:
• Consult the local director and,
• Report the information to the relevant authorities if indications exist that show a clear and imminent threat of harm or danger to the child
• Officers would only release information to the authorities without the consent of the individual if there is a clear and imminent threat of harm or danger to the children
• In such cases, officers would also need to:
• Notify the NHQ and,
• Prepare a memo that outlines the disclosure and the reason for the disclosure
• The head of the institution has the authority to disclose personal information without the consent of the individual concerned, if in the opinion of the head of the institution, the public interest in the disclosure clearly outweighs any invasion of privacy that could result from the disclosure (in accordance with sub-paragraph 8 (2) (m) (i) of the Privacy Act)
• Officers would need to draft a memo to the Deputy Minister (DM) using existing templates, requesting the Deputy Minister to release the information to the authorities without the consent of the individual (in accordance with sub-paragraph 8 (2) (m) (i) of the Privacy Act) if the officers:
• Have information regarding child abuse and,
• Feel that there is no clear and imminent threat of harm or danger to the children
• Officers could use existing templates for drafting a memo to the DM, for obtaining the DM’s approval for releasing this information

Considerations for Cases Involving Victims of Abuse or Neglect

A victim might not report abuse to the authorities for a variety of reasons. There could also be situations where there is insufficient evidence to substantiate the allegations of abuse. Therefore, officers would need to refer to information provided in the section titled “Abuse or Neglect Considerations”. This information emerged from consultations with various:

• Federal departments and,
• Non-Governmental Organisations

These departments and organisations have considerable expertise when it comes to dealing with areas of abuse in immigrant communities.

The information given would help officers to understand:

• The victims of abuse better
• The difficulties faced by some permanent residents, who are or were subject to the condition, in:
• Discussing or reporting the abuse and,
• Requesting an exception from the condition on that basis

Note:

• Officers must not release any information about any type of abuse without taking the written consent of the victim first
• Officers would need to document the steps taken in the GCMS for all cases involving:
• Abuse
• Child abuse or,
• Neglect
• Officers would need to inform individuals reporting incidents of abuse, child abuse or neglect that the officers could disclose this information to authorised representatives, unless the individuals revoke the authorisation
• Authorised representatives would typically include:
• Sponsors
• Other family members
• Friends
• Lawyers or,
• Consultants
• Officers would need to update the GCMS immediately in case the individuals advise the officer that they would like to revoke the authorised representative
• In the GCMS, officers would need to document that information concerning abuse, child abuse or neglect, reported by an individual, would be exempted for the purpose of future requests, under:
• S 17 of the Access to Information Act (ATIA) or,
• S 25 of the Privacy Act

Source: Citizenship and Immigration