In Ontario, child welfare is governed within a legal and regulatory framework that includes the Child, Youth, and Family Services Act (CYFSA), the Child Protection Standards, and the Eligibility Spectrum.
While child protection investigations more frequently involve cases where children are abused or neglected in their own homes, cases involving children and youth who have been abused by a coach or have otherwise experienced abuse in sport fall under the purview of the child welfare system. Under the CYFSA, the risk of experiencing physical harm, sexual abuse or exploitation, emotional abuse, and/or neglect is also grounds for protection.
Specific guidance or information related to the role of coaches and/or abuse in sport can be found within the protection framework:
- The CYFSA does not define or differentiate between different kinds of caregivers. The language used in the legislation is “parent” or “person having charge of the child”
- The Eligibility Spectrum, which is a tool for child protection staff, describes three categories of caregivers: primary caregivers, assigned caregivers, and assumed caregivers which includes individuals such as teachers or children’s recreational group leaders. The Elgibility Spectrum also uses the term community caregiver to refer to individuals outside of the family but in a caregiver role. At times the Spectrum specifies the involvement of a community caregiver within its rating scales and levels of severity; other times the word caregiver is used without specification and applies to all categories of caregiver (primary, assigned, and assumed)
- The Child Protection Standards define community caregivers "as anyone providing care to a child in an out-of-home setting" and describe two categories of community caregivers: community caregivers in family-based, out-of-home settings and community caregivers in institutional out-of-home settings. Caregivers in sporting organizations, such as coaches, as well as others in non-family-based settings (i.e. teachers, religious leaders, etc.) belong to this latter category. The Standards also detail the investigative steps involved in community caregivers investigations and how they differ from those that involve the child's parent/primary caregiver
As per section 125 of the CYFSA, individuals who work closely with children (such as teachers and coaches) also have a special duty to report protection concerns. While the protection work undertaken by Children's Aid Societies (CAS) in the province applies to all children under the age of 18, reporting for 16 and 17 year old youth is not mandatory (though individuals can still make a report even if it is not required).