An Act to amend The Child and Family Services Act 2

S.M. 1987-88, c. 68

An Act to amend The Child and Family Services Act 2

(Assented to July 17, 1987)

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

Sec. 19 rep. and sub.

1

Section 19 of The Child and Family Services Act, chapter C80 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following sections are substituted therefor:

Agency to investigate.

19(1)

Where an agency receives a report or information that causes it to suspect that a child may be in need of protection, the agency shall immediately investigate and shall take such steps as are prescribed and as it considers necessary to protect the child.

Agency child abuse committee.

19(2)

Subject to subsection (3), each agency shall, in accordance with the regulations, establish a child abuse committee to review cases of suspected abuse of a child.

Joint committee.

19(3)

Agencies may, with the approval of the director, establish a joint committee and that committee shall be the child abuse committee for all the participating agencies.

Communication of findings.

19(4)

Upon completion of an investigation with respect to the abuse of a child, the agency shall report the findings and conclusions of the investigation to

(a) the parent or guardian of the child;

(b) any person identified during the investigation as a person alleged to have subjected the child to abuse; and

(c) the child, if in the agency's opinion, the child is capable of understanding the information and it is in the best interest of the child; and may also report them to the person who provided the information respecting the abuse.

Report to director re. abused child.

19(5)

The agency shall report to the director for entry in the registry maintained under section 19.1 the name of a child who is a victim of abuse and the circumstances surrounding the abuse where

(a) a person has been convicted by a court of abusing the child;

(b) there is a finding by a court that the child is in need of protection on the basis of abuse; or

(c) the agency has received an opinion of a duly qualified medical practitioner or psychologist consistent with the child being a victim of abuse and, in the opinion of the agency child abuse committee, the child has been a victim of abuse.

Report to director re. abuser.

19(6)

An agency shall report to the director for entry in the registry maintained under section 19.1 the name of a person who has abused a child and the circumstances surrounding the abuse where

(a) the person has been convicted by a court of abusing a child;

(b) the person has been found by a court in a proceeding under this Act to have abused a child; or

(c) the agency child abuse committee is of the opinion that the person has abused a child.

Child abuse registry.

19.1(1)

The director shall establish and maintain a child abuse registry in which the director shall enter the information that is required to be entered pursuant to this Act.

Receipt of report re court decision.

19.1(2)

Upon receipt of a report under clause 19(5)(a) or (b) or 19(6)(a) or (b), the director shall enter the names and circumstances on the registry.

Receipt of report re abuse committee decision.

19.1(3)

Upon receipt of a report under clause 19(5)(c) or 19(6)(c), the director shall review the report and, where the director is satisfied that the report complies with the requirements of this Act, the director shall cause a notice of the report in prescribed form to be given to

(a) any adult who is alleged to have abused the child;

(b) the parent or guardian of the child who is alleged to have been abused;

(c) the parent or guardian of a child who is alleged to have abused the child;

(d) the child who is alleged to have been abused where the child is 12 years of age or older; and

(c) the child who is alleged to have abused a child where the child is 12 years of age or older.

Contents of notice.

19.1(4)

The director, in the notice required to be given under subsection (2), shall

(a) set out the names of the persons that the agency has reported to the director for entry on the registry;

(b) set out the circumstances surrounding the abuse as reported by the agency;

(c) advise that the names and the circumstances will be entered on the registry unless the person notifies the director in writing within 60 days of the date of giving of the notice that he or she objects to the placement of the names on the registry; and

(d) inform the person of the right to object to the entry of the name on the registry by appealing to the registry review committee established under section 19.2.

Action by director where no objection.

19.1(5)

Where the director does not receive an objection within 60 days of giving of the notice, the director shall enter the names and circumstances on the registry.

Objection referred to minister.

19.1(6)

Where the director receives an objection within 60 days, the director shall refer the objection to the minister.

Registry review committee.

19.2(1)

There shall be a registry review committee consisting of seven persons appointed by the Lieutenant Governor in Council for a term not exceeding five years.

Panel appointed.

19.2(2)

When an objection is referred to the minister under subsection 19.1(6), the minister shall appoint forthwith three members of the registry review committee to be a panel to hear the objection and shall appoint one of the members to be the presiding member of the panel.

Hearing date.

19.2(3)

A panel appointed under subsection (2) shall hear the objection not later than 30 days after its appointment and shall, at least 10 days in advance of the hearing, notify by registered mail sent to their last known address the persons who were notified under subsection 19.1(3) and such other persons as the panel considers necessary of the date, time and place of the hearing and the notice shall be deemed to have been received two days after it was mailed.

Powers of commissioners.

19.2(4)

A panel has the powers, rights and privileges of commissioners appointed pursuant to Part V of the Manitoba Evidence Act.

Rules for hearing.

19.2(5)

At a hearing, the agency has the burden of proof on the balance of probabilities and all parties may be represented by counsel or agent and shall be given a full opportunity to present evidence, to examine and to cross-examine witnesses.

Appeal.

19.2(6)

The panel shall provide all parties with written reasons for its decision within 30 days of completing the hearing and a party to the hearing may, within 60 days of the decision of the panel, appeal the decision to the Court of Queen's Bench on a question of law or jurisdiction.

New evidence.

19.2(7)

A party to a hearing may apply to the director to have the matter heard again on the basis of evidence which was unavailable at the time of the hearing and the director shall notify the minister who shall appoint forthwith a panel none of the members of which were on the panel that made the original decision to rehear the matter.

Pardon.

19.2(8)

On application by a person who has obtained a pardon with respect to the conviction which led to the registration of that person's name, the director shall remove all identifying information relating to that person from the registry.

Information confidential.

19.3(1)

All names and information on the child abuse registry are confidential and the director shall allow access to it only in accordance with this section and section 76.

Access to agencies.

19.3(2)

An agency, on application to the director, shall be given access to the registry where the director is satisfied that the access is reasonably required to assist the agency

(a) in investigating whether a child is in need of protection;

(b) in assessing foster parents, homemakers, adoptive parents, parent aides or persons applying for such roles with that agency; or

(c) in assessing an applicant for employment with that agency.

Access to others.

19.3(3)

The director may, on application by a school division, day care center or other employer whose employees will be responsible for the care of children, advise the applicant whether the name of a person has been entered in the registry where the director is satisfied this information is reasonably required by the applicant

(a) to assess an applicant for employment; or

(b) to assist in care of a child.

Director to provide information re register.

19.3(4)

The director shall provide to any person who applies any information contained on the registry respecting that person other than information that may identify a person who made a report under subsection 18(1).

Objection to information.

19.3(5)

Subsections 76(9) and (10) apply with such modifications as the circumstances require to an adult who has been given information pursuant to subsection (4).

Removal of identifying information re abused.

19.4(1)

The director shall delete from the registry all identifying information relating to a child who is listed as an abused child upon that child attaining 18 years of age.

Removal of identifying information re abuser.

19.4(2)

Subject to subsection 19.2(8), the director shall remove from the registry all identifying information relating to a person who is listed as an abuser on the later of the day on which

(a) 10 years have elapsed since the last entry relating to the person; or

(b) the child who was abused attains 18 years of age.

Listing of names on old register.

19.5(1)

The director may enter on the registry the names of persons who were on the child abuse registry that was maintained prior to June 19, 1987 if

(a) the provisions of clauses 19(5)(a) or (b) or clauses 19(6)(a) or (b) are satisfied; and

(b) the provisions for removal of the name in section 19.4 are not satisfied.

Date of listing.

19.5(2)

For the purposes of clause 19.4(2)(a), where a person is entered on the registry pursuant to subsection (1), the date of the entry shall be deemed to be the date of the last entry on the registry prior to June 19, 1987.

Cl. 86(i) rep. & sub.

2

Clause 86(i) of the Act is repealed and the following clause is substituted therefor:

(i) prescribing procedures for the maintenance and operation of registries established pursuant to this Act;.

Cls. 86(r) and (s) added.

3

Section 86 of the Act is amended by adding after clause (q) the following clauses:

(r) respecting the establishment of child abuse committees by agencies and prescribing their procedures;

(s) prescribing procedures for the operation of the registry review committee.

Commencement.

4

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