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The Child and Family Services Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 4

THE CHILD AND FAMILY SERVICES AMENDMENT ACT


 

(Assented to June 6, 1996)

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(1)       The definition "abuse" in section 1 is amended by striking out "of a parent or guardian of a child or of a person having care, custody, control or charge of a child," and substituting "by any person".

2(2)      Clause (a) of the definition "court" in section 1 is amended by striking out " Parts III and VI" and substituting "Part III, other than in clauses  19(3)(a) and (a.1) and (4)(a) and (a.1) and subsections 19(6) and  (7), and in Part VI".

3          Clause 18(1.1)(c) is amended by adding "by a parent or guardian of the child or by a person having care, custody, control or charge of the child" after "abuse".

4(1)      Clause 19(3)(a) is repealed and the following is substituted:

(a) the agency has information that a person, in a court in Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of the child;

(a.1) the agency has information that the child is, or is likely to be, present in Manitoba  and  a person, in a court outside Manitoba, was found guilty of, or pleaded guilty to, an offence involving  abuse of the child;

4(2)       Clause 19(4)(a) is repealed and the following is substituted:

(a) the agency has information that the person, in a court in Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of a child;

(a.1) the agency has information that the person is, or is likely to be, present in Manitoba and the person, in a court outside Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of a child;

4(3)       The following is added after subsection 19(4):

Where report under s. 19(4)(a) or (a.1) not required

19(5)     No report is required under clause 19(4)(a) or (a.1) where the agency is aware that a report has been made to the director under subsection (6) or (7).

Reporting by court re offence

19(6)      Where a person, in a court in Manitoba, is found guilty of, or pleads guilty to, an offence involving abuse of a child, the court shall report the name of the person and the details of the offence to the director for entry in the registry maintained under section 19.1.

Reporting by peace officer re offence

19(7)     If a peace officer, in the course of conducting an investigation or carrying out other duties, obtains information that a person present, or likely to be present, in Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of a child

(a) in a court outside Manitoba; or

(b) in a court in Manitoba prior to the coming into force of this subsection;

the peace officer shall report to the director the name of the person and the details of the offence for entry in the registry maintained under section 19.1.

Excluded offences

19(8)     For the purpose of this section, "offence involving abuse of a child" does not include an offence excluded from the application of this section by regulation.

5         Subsection 19.1(2) is amended by striking out "19(3)(a) or (b) or 19(4)(a) or (b)" and substituting "19(3)(a), (a.1) or (b) or 19(4)(a), (a.1) or (b) or subsection 19(6) or (7)" .

6         Section 86 is amended by adding the following after clause (u):

(v) prescribing offences excluded from the application of section 19.

Coming into force

7         This Act comes into force on the day it receives royal assent.