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The Reporting of Supports for Child Survivors of Sexual Assault Act (Trained Health Professionals and Evidence Collection Kits)

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S.M. 2021, c. 56

Bill 213, 3rd Session, 42nd Legislature

The Reporting of Supports for Child Survivors of Sexual Assault Act (Trained Health Professionals and Evidence Collection Kits)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill requires the minister to report annually, by health authority, on the number of health professionals with special training to examine children who have been sexually assaulted and on sexual assault evidence kit inventory.

(Assented to May 20, 2021)

WHEREAS sexual assault causes acute physical, psychological and emotional trauma to survivors, particularly child survivors;

AND WHEREAS sexual assault survivors need to be examined by specially trained health professionals, and evidence of sexual assault needs to be collected and preserved in a manner that furthers the administration of justice;

AND WHEREAS many Manitoba communities suffer from a lack of specially trained health professionals and sexual assault evidence kits;

AND WHEREAS this lack of resources disproportionately affects child survivors, who are forced to travel to Winnipeg for the specialized medical attention they require;

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

Definitions

1

The following definitions apply in this Act.

"health professional" means a physician or a registered nurse, or a member of a class of persons prescribed as health professionals in the regulations. (« professionnel de la santé »)

"minister" means the minister responsible for administering this Act. (« ministre »)

"sexual assault evidence kit" means a package of items used by a health professional for gathering and preserving physical evidence following an allegation of sexual assault. (« trousse médicolégale »)

Annual report on health professional training

2(1)

Within four months after the end of each fiscal year of the government, the minister must prepare a report that sets out, for each regional health authority, the number of health professionals who have special training in

(a) providing sensitive and empathetic care to children in situations where there has been an allegation of sexual assault;

(b) conducting an examination for sexual trauma in respect of children; and

(c) using a sexual assault evidence kit to collect physical evidence.

Minister to report on qualifications re special training

2(2)

The minister must, in consultation with the regional health authorities and community organizations that provide supports and services for survivors of sexual assault, determine the qualifications sufficient to constitute special training for the purpose of subsection (1), and specify those qualifications in the report.

Annual report on sexual assault evidence kits

3

Within four months after the end of each fiscal year of the government, the minister must prepare a report that sets out, for each regional health authority,

(a) the number of sexual assault evidence kits that the authority purchased during the year; and

(b) the number of sexual assault evidence kits that the authority held in inventory at the end of the year.

Information from health authority

4

A regional health authority must provide to the minister the information referred to in subsection 2(1) and section 3, within the time and in the form specified by the minister.

Tabling report

5

The minister must table a copy of the reports referred to in subsection 2(1) and section 3 on any of the first 15 days on which the Assembly is sitting after the minister prepares them.

Regulations

6

The Lieutenant Governor in Council may make regulations prescribing a class of persons as health professionals for the purpose of the definition "health professional" in section 1.

C.C.S.M. reference

7

This Act may be referred to as chapter S234 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

8

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