WATERLOO REGIONAL POLICE
ACCESS TO INFORMATION
January 22. 2009
FILE #0912
Mr. Christopher Carter
4 Bradbury Crescent
Cambridge, Ontario
N1R 6Z3
Dear Mr. Carter:
Re: Request for Police Protocol
Further to your access request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for general information, Section 45 of the Act allows fees to be charged.
The fee for the records requested is thirty-one dollars and twelve cents ($31.12). Details of the fee are attached. Payment of this amount is requested prior to forwarding the request to you.
Please make your cheque or money order payable to the Waterloo Regional Police Service. If I do not receive payment of the fee by February 20,2009, I will assume you are no longer interested in pursuing this request and close the file.
You may wish to make application for a fee waiver, If so. please follow the instructions on the attached sheet titled "Fee Waiver." Should you wish to request a fee waiver, please write the Access to Information Unit stating the reasons you are seeking the waiver.
The exemptions claimed are outlined below. An "Index of Records" relating to your request will be attached to the records upon receipt of the fees detailed above. The index includes a general description of each page of the records and indicates whether access is being granted, in full or in part. or being denied. Where access is being granted in part or is denied, the "Section/Sub-section of Act Applied" column and "Reasons" column explains the section of the Act which were used to exempt the portion of the record.
Partial access is granted to information contained in the records. Access is denied to other persons' personal information, pursuant to Sections 8 and 14 of the Act.
This subsection applies because;
| Subsection | Reason | |
| 8(1) | A head may refuse to disclose a record if the disclosure could reasonably be expected to; | |
| (a) | interfere with a law enforcement matter; | |
| (c) | reveal investigative techniques and procedures currently in use or likely to be used in law enforcement; | |
| (e) | endanger the life or physical safety I)f a law enforcement officer or any other person; | |
| (i) | facilitate the commission of an unlawful act or hamper the control of crime. | |
If you have any questions concerning my decisions, you may contact the Access to Information Unit at (519) 650-8514. You may wish to check the Information and Privacy Commission website at www.ipc.on.ca for case law that supports this decision.
You may request a review or the decision to levy a fee and/or decision regarding access to the record you requested by the Information and Privacy Commissioner 2 Bloor Street East, Suite 1400, Toronto. Ontario, M4W 1A8. You have 30 days to make this appeal.
In the event you wish to launch an appeal, please provide the Commissioner's office with:
- The file number listed at the beginning of this letter.
- A copy of this decision letter; and
- A copy of the original request for information you had sent to this institution (if available).
In addition, you must send a $25.00 appeal fee to the Commissioner's office. Please include the fee in your letter of appeal. Appeal fees should be in the form of a cheque, or money order, payable to the Minister of Finance.
Sincerely,
Paul Cormier, coordinator
Access to Information Unit
Records Services
PC:sr
Attachments
This Protocol dated the 1st of July, 2008.
Between
FAMILY AND CHILDREN'S SERVICES OF WATERLOO REGION
AND
WATERLOO REGIONAL POLlCE SERVICE
PROTOCOL FOR REPORTING CHilDREN iN NEED OF PROTECTION AND FOR THE JOINT INVESTIGATION OF CHILD ABUSE
| GENERAL | ||
| 1.1.1 |
This protocol is the POLICY of Family and Children's Services of Waterloo Region and of the Waterloo Regional Police Service (hereinafter referred to as 'the Police'). It addresses two areas of service in which the establishment of clear procedures for collaboration between Family & Children's Services and the Police is vital to ensure the protection of children and the investigation of serious offences against children:
In situations in which a joint investigation is to be carried out, the protocol assigns responsibility for various tasks, either to police officers or to child protection workers. | |
| 1.1.2 | Family and Children's Services of Waterloo Region is an approved agency under the Children and Family Services Act (CFSA) and therefore. inter alia, is (i) an agency of a government in Canada engaged in the supervision or care of young persons or in an investigation related to young parsons under a provincial Act respecting child welfare in accordance with s. 119(1)(n} of the Youth Criminal Justice Act and (ii) an agency engaged in the protection of the public, the administration of justice and/or the enforcement of or compliance with a provincial Act pursuant to s. 5(1)(c) of Reg. 265/89 of Police Services Act. | |
| 1.1.3 |
It is the responsibility of the investigating child protection worker to ensure that all requirements laid out by Family & Children's Services for a physical or sexual abuse investigation are carried out. Nevertheless, as part of the joint investigation, the police may be asked to carry out some of those tasks as a part of the joint investigation.
| |
| 1.1.4 | At all times, it shall be the primary responsibility of all police officers, when dealing with the investigation of child abuse and neglect to follow the Waterloo Regional Police Service's Procedure regarding Child Abuse and Neglect. | |
| PRINCIPLES | ||
| 2.1.1 | The reporting of concerns that a child(ren) may be in need of protection is a responsibility of ail professionals and citizens alike. Only through reporting can protective actions to assist the child be instituted. For professionals, reporting is also a legal requirement under Section 72(1) and (2) of the CFSA, carrying a penalty of a fine of up to $1000 for non-compliance. Under Section 72(5) of the CFSA, peace officers are defined as "professionals". Police officers are, therefore, required by the Act to report any suspicion and the information on which it is based, that a child is in need of protection as defined in Section 37(2) of the CFSA as soon as possible to Family & Children's Services. (Harms considered to constitute "child abuse" are included within the definition of a child in need of protection). | |
| 2.1.2 |
Allegations of child abuse may require investigation by the police and Family and Children's Services jointly because of the presence of both child protection and criminal concerns.
The goals of any investigation of child abuse are as follows:
| |
| 2.1.3 | Children are frequently victims of physical abuse and sexual abuse; the reliability of a child's statement is neither greater nor less than the reliability of an adult's statement; a child's allegation of abuse will be treated as credible unless here are reasonable grounds to conclude that it is not credible. | |
| 2.1.4 | Police officers are primarily responsible for the investigation of offences; child protection workers are primarily responsible for the protection of the children and the treatment of families. Each, however, can contribute significantly to the work of the other. | |
| 2.1.5 | Where a child requires immediate protection (due to abuse, neglect or abandonment), such investigation shall be dealt with on a priority basis, having in mind the child's welfare and safety, the need for a thorough and complete investigation and any legislated timelines. | |
| PROCEDURES | ||
| REPORTING OF CHILD IN NEED OF PROTECTION | ||
| 3.1.1 | (1) | The police shall immediately report to Family and Children's Services all allegations or suspicions that a child may be in need of protection in accordance with the appropriate Police internal Procedures (e.g., Domestic Violence Procedure). In addition, where the police have charged an adult for the assault of an unrelated child, the police officer shall notify Family and Children's Services if the accused is the parent or in a caregiver role (e.g. daycare worker, teacher, babysitter) of a child or children under the age of sixteen. |
| (3) | Family and Children's Services shall immediately report to the police all allegations of sexual abuse, and all situations where there appears to be physical abuse or an assault on a child. | |
| (4) | At the time of reporting, it shall be determined whether both agencies intend to conduct an investigation. | |
| (5) | If both agencies are planning to investigate, a plan for a joint investigation shall be made as quickly as possible. | |
| JOINT INVESTIGATION | ||
| GENERAL | ||
| (4) | Information gained during the investigation will be shared regularly between Waterloo Regional Police and Family and Children's Services. | |
| (5) | If immediate medical treatment is necessary for the child's health, it shall be obtained without delay. | |
| PHYSICAL ABUSE | ||
| (9) | The investigating police officer shall be responsible for gathering any real evidence available. | |
| SEXUAL ABUSE | ||
| 4.2.2 | (1) | The child victim shall be interviewed jointly by the police officer and the child protection worker. |
| (12) | The investigating police officer shall be responsible for gathering any real evidence available. | |
| ONGOING COMMUNICATION RE: DISPOSITIONS & COURT ACTION | ||
| (1) | The police officer shall advise the child protection worker of the disposition of their investigation. | |
| (2) | The child protection worker shall advise the police officer of the disposition of their investigation. | |
| (3) | The police officer shall keep the child protection worker informed of the progress of criminal proceedings. | |
| (4) | The child protection worker shall keep.the police officer informed of the progress of the protection application. | |
| CONFLICT OF INTEREST | ||
| 5.1.1 | (1) | Where a police officer or civilian member of the Waterloo Regional Police Service who may have access to the incident record or joint investigation files is being investigated by Family and Children'S Services, the protection worker shall ensure that the Waterloo Regional Police Service is made aware and the Service shall take steps to ensure that the person is not involved with any joint investigations nor has access to any related police files, at least, until the matter has been resolved. |
| (2) | Where a protection worker, a member of senior staff or an employee with access to joint investigation files is under investigation or charged by the Waterloo Regional Police, the investigating officer shall ensure that Family and Children's Services is made aware and they shall take steps to ensure that the person is not involved with any joint investigations nor has access to any related police files. at least, until the matter has been resolved | |
| MAJOR CASE INVESTIGATIONS | ||
| 6.1.1 | (1) | Investigations involving sexual offences (see 4.2.2), criminal harassment and non-familial abduction regarding children are investigated by the Waterloo Regional Police Services Major Case Investigations Unit (MCU). The MCU does not conduct physical abuse investigations. Physical abuse investigations remain with the Kitchener, Cambridge and Waterloo Divisions. |
| (2} | Subject to the terms of this Protocol, the Officer in Charge of the MCU and the Service Manager for Intake at Family and Children's Service shall develop processes for call out of each other and rapid responses to incidents. | |
| PROTOCOL MAINTENANCE, REVIEW AND TRAINING | ||
| 7.1.1 | (1) | The parties shall have at least one meeting a year (arranged by the Superintendent of investigative Services and the Senior Manager for Intake) to review this Protocol, discuss any operational issues and any necessary training initiatives. Such meetings shall include the following persons (or designates).
|
| (2) | Any amendments to this Protocol shall only be made in writing and with the approval of both parties. | |
Protocol approved by:
Family & Children's Services
of Waterloo Region
July 8th, 2008
Waterloo Region Police Service
July 18, 2008
