Ontario Regulation 137/15 ss. 1(1)

Category 1 - Death of a Child

Category 1 is related to the death of a child who received child care at a child care centre.

The following provides some examples of what would and would not be a child’s death considered a serious occurrence under this category.

Must be reported as a Serious Occurrence:

  • A child was unresponsive and not breathing while receiving child care. The child was later pronounced dead by emergency medical staff.
  • A child developed a severe illness while at the child care centre or home child care premises and later passed away in hospital.
  • A child developed a high fever at the child care centre and was sent home. The child later passed away.
  • A child incurred fatal injuries from an accident while on a field trip from the child care centre.

Would not be reported as a Serious Occurrence:

  • A child was taken out of child care by their parents because they were very ill (in other words, the child is no longer enrolled in the child care centre). A few weeks later, one of the staff at the centre let the licensee know that they found out that the child passed away.

Category 2 - Abuse/Neglect or Allegation of Abuse/Neglect

Category 2 is related to abuse, neglect or an allegation of abuse or neglect of a child while receiving child care at a child care centre. This includes an allegation against any person who is on-site at the child care centre (in other words, this category can apply to anyone working, visiting or otherwise attending the child care centre/program so it’s broader than just employees).

The following provides some examples of what would and would not be considered a serious occurrence under this category.

Must be reported as a Serious Occurrence:

  • A staff member observed another staff forcefully grabbing a child.
  • A licensee received an email from a concerned parent alleging that a staff member was upset that a preschooler had a urine accident and the staff member refused to permit the child to change his/her soiled clothes.
  • A staff member is observed using harsh/degrading language to a child.
  • A parent noticed a bruise on their child’s ace. The child told their parent that a staff person at the centre was how the bruise happened.
  • A staff observed a parent slap a school-age child while on the playground.

Would not be reported as a Serious Occurrence:

A child tells a staff member that something bad happened to them while they were at their sibling’s soccer game (in other words, not during the time the child was getting child care at the child care centre). While this is not considered to be a Serious Occurrence because the alleged incident is not related to the licensee or the child care centre, there is a duty to report the information to the local children’s aid society as per Child, Youth and Family Service Act, 2017.

Duty to report

If anyone in a child care centre suspects that a child is, or may be, in need of protection, they must report this suspicion to the local children’s aid society per section 125 of the Child, Youth and Family Services Act, 2017 (CYFSA).

Important information: under the CYFSA, certain people who work with or around children, including an operator or employee of a child care centre or provider of licensed child care, have a heightened responsibility to report suspicions of child neglect and/or abuse. If such a person does not report a suspicion and the information on which it was based was obtained in the course of the person’s professional or official duties, the failure to report the suspicion is considered an offence under the CYFSA and the individual may be fined up to $5,000.

The person who has reasonable grounds to suspect that a child is, or may be, in need of protection must make the report directly to a children’s aid society. The person must not rely on anyone else to report on their behalf. See Reporting Child Abuse and Neglect: It’s Your Duty and Submit a complaint about child welfare services for more information.

Category 3 - Life-threatening Injury or Illness

Category 3 is related to a life-threatening injury to or a life-threatening illness of a child who receives child care at a child care centre. Life-threatening injury or illness is defined as an incident that is so serious that it has the potential to cause a child to die.

Must be reported as a Serious Occurrence:

CCLS has two sub-categories for reportable category 3 Serious Occurrences:

  • Injuries – including but not limited to:
    • injuries to the head, back or neck resulting in unconsciousness or physical paralysis
    • severe eye injury (impalement)
    • injuries to the chest resulting in difficulty breathing (this can be a symptom of a collapsed lung, which is very serious), heart attack or vomiting blood
    • anaphylactic reactions
    • near drowning
    • substantial blood loss
    • drug overdose
    • first time seizure, multiple seizures or long-lasting seizures
    • life-threatening suspected fracture with bone deformity and/or bone exposure
  • Illness – including but not limited to:
    • E. Coli
    • flesh eating disease

Would not be reported as a Serious Occurrence:

  • A child with a pre-existing seizure disorder had a seizure at the child care centre. Because the licensee had an individualized plan for the child with medical needs, staff knew what to do and the child was not hurt during the seizure episode. The child did not require emergency medical attention. The supervisor called the child’s parents and they picked up the child.
  • A child fell on the outdoor playground/structure and sustained a cut that required a few stiches.
  • A child tripped while running and chipped a tooth.
  • A child ingested a non-toxic substance (for example, playdough).

Important information: when reporting a category 3 Serious Occurrence, the licensee or supervisor must indicate whether the injury or illness being reported as a Serious Occurrence appeared while the child was receiving child care at the child care centre or whether the threatening injury or illness appeared before the child came into care but was sustained/developed while the child attended the child care centre. 

Category 4 - Missing or Temporarily Unsupervised Child(ren)

Category 4 is related to incidents where a child who is receiving child care at a child care centre goes missing or is temporarily unsupervised.

If a child goes missing while getting child care at the child care centre, this must be reported as a Serious Occurrence whether the child was found or is still missing. This is why CCLS has two sub-categories of category 4 serious occurrences (examples of each sub-category provided):

Must be reported as a Serious Occurrence:

CCLS has two sub-categories of reportable category 4 Serious Occurrences:

  • Missing – child found
    • A child was left alone outdoors and was later located.
    • A child was not met by child care staff when getting off a school bus to attend a child care centre and was located before time of reporting.
    • During transition time, a child was left in a room unattended as the staff and children went outside. Child was found by another staff member.
    • A child left the child care centre or home child care premises and walked home. The child was greeted by the parents/guardian at home.
  • Missing – child still missing:
    • A child left the home child care premises through the front door. The home child care provider did not notice and the child’s whereabouts are unknown.

Would not be reported as a Serious Occurrence:

  • A parent picked up their child early from school and did not inform the child care centre staff. The staff called the parent and was able to confirm that the child was with the parent.
  • An expected child did not get off the bus after school. The staff member called the parent and found out that the parent had picked the child up from school.
  • A child went missing while in the care of their parent.

Category 5 - Unplanned Disruption of Service

Category 5 Serious Occurrences are related to an unplanned disruption of the normal operations of a child care centre that poses a risk to the health, safety or well-being of children receiving child care at the child care centre.

Unplanned disruption of service may involve program closure, relocation (not including a planned temporary relocation), immediate evacuation, prohibition to enter the premises and/or restrictions placed on people coming and going into the centre (for example, when there is a lockdown or an outbreak of a communicable disease).

CCLS has the following sub-categories of category 5 Serious Occurrences:

  • fire
  • flood
  • gas leak
  • detection of carbon monoxide
  • outbreak
  • lockdown
  • other emergency relocation or temporary closure
  • Public Health ordered closure

The following provides some examples of what would and would not be considered a serious occurrence under this category.

Must be reported as a Serious Occurrence:

  • A fire caused an emergency relocation or closure of the premises.
  • A fire occurred at the centre on the weekend when no children were on the premises. The licensee decided to close the centre until repairs are completed or until air quality is tested.
  • The was a gas leak at the centre (occurred before/during/after operational hours).
  • Carbon monoxide was detected at the home child care premises. Staff and children had to evacuate.
  • The local medical officer of health declared and outbreak of a contagious disease which has caused closure of a room or the entire child care centre and child care cannot be provided for some or all children.
  • There was a lockdown at the centre.

Would not be reported as a Serious Occurrence:

  • A program does not open or must close due to extreme weather conditions (such as because of a significant snow storm).
  • A planned temporary relocation for the licensed site (such as resulting from labour disruption and centre decided to relocate to continue operation of centre).
  • A boil water advisory was in effect.
  • A fire alarm was activated, the centre evacuated and fire services determined that there was no danger (in other words, it was a false alarm because someone pulled the fire alarm).
  • The local medical officer of health declared an outbreak and has put restrictions on the program (for example, directing the licensee to discontinue all sensory play).
  • There was a hold and secure situation at the centre.