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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 68

THE CHILD AND FAMILY SERVICES AMENDMENT ACT (CRITICAL INCIDENT REPORTING)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C80 amended

1            The Child and Family Services Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definition:

"foster parent" means a person operating a licensed foster home; (« parent nourricier »)

3           The following is added after Part I.1:

PART I.2

CRITICAL INCIDENT REPORTING

Definitions

8.15        The following definitions apply in this Part.

"critical incident" means an incident that has resulted in the death or serious injury of a child

(a) who was in the care of, or received services from, an agency; or

(b) whose parent or guardian received services from an agency;

at any time within one year before the death or serious injury occurred. (« incident critique »)

"critical incident report" means a critical incident report required under section 8.16. (« rapport d'incident critique »)

"mandating authority" means, in relation to an agency, the authority that has mandated the agency under section 6.1. (« régie habilitante »)

DUTY TO REPORT

General duty to report

8.16        A person who provides work or services to an agency or authority — whether as an employee, volunteer, student trainee, foster parent, operator of a child care facility or in any other capacity — who reasonably believes that a critical incident has occurred in any place, including a place of safety, must report the incident in accordance with this Part.

Report by employees and service providers

8.17(1)     A person, other than a foster parent or operator of a child care facility, who has a duty to report a critical incident under section 8.16 must make the report

(a) to the agency responsible for the care of the child or that provided services to the child; or

(b) if the person does not know the agency involved, to the director.

Report by foster parent

8.17(2)     A foster parent who has a duty to report a critical incident under section 8.16 respecting a child placed in the foster home must report the incident to

(a) the agency that licensed the foster home; and

(b) the agency that placed the child in the home.

Report by child care facility operator

8.17(3)     The operator of a child care facility, other than a foster home, who has a duty to report a critical incident under section 8.16 respecting a child placed in the facility must report the incident to

(a) the agency that placed the child in the child care facility; and

(b) the director.

Agency's duty to inform authority and director

8.18        An agency that receives a critical incident report under section 8.17 must report the critical incident to

(a) the agency's mandating authority; and

(b) the director.

CRITICAL INCIDENT REPORTING

Timing of critical incident report

8.19(1)     A person required to report a critical incident under section 8.17 must report the critical incident without delay, but in any event not later than the applicable time period set out in the regulations.

Content of critical incident report

8.19(2)     A critical incident report must include the information required by the regulations.

Application to agencies

8.19(3)     This section applies, with necessary changes, to an agency required to report a critical incident under section 8.18.

Director's duty to inform agency and authority

8.20        When the director receives a critical incident report that has not been provided to the appropriate agency or mandating authority, the director must forward a copy to them without delay.

Review of critical incident report

8.21        Upon receiving a critical incident report, the director must review the matter and may, as needed and as determined by the director, investigate the incident further. The director may make any recommendations about the incident to the minister that the director considers necessary or advisable.

GENERAL PROVISIONS

Report required despite other law

8.22        Despite section 18 of The Child and Family Services Authorities Act and the regulations made under clause 31(1)(d) of that Act, an agency must provide a critical incident report to the director in accordance with this Part.

Retaliation prohibited

8.23        No employer or other person shall dismiss, suspend, demote, discipline, harass, interfere with or otherwise disadvantage a person for making a critical incident report.

4           Section 86 is amended by adding the following after clause (k.1):

(k.2) respecting reporting critical incidents under Part I.2, including the contents of reports, the time periods for reporting, and the form and manner of reporting;

Coming into force

5           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Child and Family Services Act. It requires employees and others who work for, or provide services to, child and family services agencies or authorities to report critical incidents that have resulted in the death or serious injury of a child.

Critical incident reports are to be made to agencies. In turn, an agency must report the critical incident to its mandating authority and the Director of Child and Family Services. Reports are to be made without delay but, in any event, within the time periods set out in the regulations. The director may investigate the critical incident and make recommendations to the minister, as the director considers necessary or advisable.

Retaliation against a person who makes a critical incident report is prohibited.