Child Abuse Regulation

Child Abuse Regulation, M.R. 14/99 The Child and Family Services Act , C.C.S.M. c. C80 Regulation 14/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Action by agency ESTABLISHMENT OF CHILD ABUSE COMMITTEES 3 Child abuse committees 4 Authority may attend meetings 5 Expenses reimbursed 6 Record to be maintained REFERRAL TO CHILD ABUSE COMMITTEE 7 Referral to committee within 30 days 8 Information provided by agency 9 Committee to meet within 30 days of referral 10 Functions of child abuse committee 11 Opportunity to provide information 12 Committee's opinion 13 Reasons recorded NOTICE OF INTENT TO REGISTER 14 Notice of intent to register name on the Child Abuse Registry REPORTING 15 Report to agency directors 16 Report to director REVIEW, REPEAL AND COMING INTO FORCE 17 Review 18 Repeal 19 Coming into force Schedule Forms Definitions 1 In this regulation, "Act" means The Child and Family Services Act ; (« Loi ») "authority" means a child and family services authority established under The Child and Family Services Authorities Act ; (« régie ») "child abuse committee" means a child abuse committee established by an agency under section 19 of the Act; (« comité de protection contre les mauvais traitements ») "child abuse coordinator" means the person designated by an agency as the agency's child abuse coordinator, or his or her delegate as designated by the agency; (« coordonnateur des services de protection contre les mauvais traitements ») "designated agency" means an agency that has been jointly designated, under section 21 of The Child and Family Services Authorities Act , by the authorities to provide joint intake and emergency services to all persons in a specified geographic region of the province; (« office désigné ») "mandating authority" means, in relation to an agency, the authority that has mandated, or is deemed to have mandated, that agency in accordance with Part I of The Child and Family Services Act ; (« régie d'autorisation ») "police officer" includes (a) a police constable or a constable, and (b) a member of the Royal Canadian Mounted Police. (« policier ») M.R. 178/2003 Action by agency 2 On receiving information that causes an agency, including a designated agency, to suspect that a child is or might be abused, the agency shall (a) where there is a preliminary opinion that serious physical injury or sexual exploitation of the child has occurred, immediately consult with a duly qualified medical practitioner and where believed necessary and appropriate, arrange for a medical examination of the child and any other child by a duly qualified medical practitioner or at a medical child abuse facility; (b) notify and consult immediately with an appropriate police officer for the area as to the particulars of the case; (c) share all relevant information, including information of a confidential nature, with the police officers, medical and hospital professionals and other agencies or persons involved in the investigation and management of the case, to ensure the best course of action for the protection of the child is taken; and (d) refer the matter to the child abuse committee of an appropriate agency as set out in section 7. M.R. 178/2003 ESTABLISHMENT OF CHILD ABUSE COMMITTEES Number on committee 3(1) An agency shall, in accordance with this section, appoint at least five persons to its child abuse committee. Mandatory composition of committee 3(2) A child abuse committee established by an agency shall consist of the following five persons: (a) the agency's child abuse coordinator; (b) a duly qualified medical practitioner employed, retained or consulted by the agency to review cases of suspected child abuse for the agency; (c) a police officer representing a law enforcement service operating in the area within the agency's jurisdiction; (d) a representative of a school division located within the area of the agency's jurisdiction; (e) a staff member of the agency, other than the child abuse coordinator. Additional members of committee 3(3) In addition to the persons referred to in subsection (2), the agency may appoint one or more persons to the child abuse committee who the agency considers will make a significant contribution to the committee. Joint committees 3(4) Where a joint committee is established under subsection 19(2) of the Act as a child abuse committee, the child abuse coordinator from one of the participating agencies shall, with the agreement of the participating agencies, be appointed under clause (2)⁠(a) and the child abuse coordinators from the other participating agencies may be appointed under clause (2)⁠(e). Alternate representative re member 3(5) If an agency is unable to appoint a person referred to in subsection (2) to the child abuse committee the mandating authority may, at the request of the agency, approve the appointment of an alternate representative subject to any conditions imposed by the mandating authority. M.R. 178/2003 List of members 3(6) An agency shall annually submit a list of the names of the members of the child abuse committee to its mandating authority and to the director in the manner and form required by the director. M.R. 178/2003 Authority may attend meetings 4 A representative of the mandating authority of the agency that referred a matter to a child abuse committee may attend that portion of a meeting of the child abuse committee that pertains to the matter that was referred to it for review. M.R. 178/2003 Expenses reimbursed 5 An agency may reimburse a member of a child abuse committee for reasonable out-of-pocket expenses incurred by the member in attending a meeting if the expenses are not otherwise payable on the member's behalf. Record of meetings 6(1) A child abuse committee shall maintain a record of meetings held including, for each meeting, (a) a list of the persons appointed under subsection 3(2) who are in attendance; (b) a list of the persons appointed under subsection 3(3) who are in attendance; and (c) a list of the cases reviewed and the decisions made as to each case. Information re cases reviewed 6(2) With respect to each case reviewed, a child abuse committee shall maintain a copy of any material submitted to or obtained by it for the purposes of subsection 19(3) of the Act. REFERRAL TO CHILD ABUSE COMMITTEE Referral to committee within 30 days 7(1) Where an agency, including a designated agency, believes that a child is or might be abused, the agency shall refer the matter to an appropriate child abuse committee, determined in accordance with subsection (2), within 30 days after receiving information that causes it to so believe. M.R. 178/2003 Determining appropriate child abuse committee 7(2) If the agency referred to in subsection (1) (a) is a designated agency, the designated agency shall refer the matter to a child abuse committee that is operating within the geographic region of the designated agency as determined by the authorities; and (b) is an agency providing ongoing services to the child, the agency shall refer the matter to its existing child abuse committee. M.R. 178/2003 Information provided by agency 8 On referring a matter to the child abuse committee, the agency or the designated agency, as the case may be, shall provide the following information: (a) the name of the child that it believes is or might be abused; (b) the names of all persons suspected to have abused the child; (c) the circumstances surrounding the suspected abuse incident; (d) the identity of the person who reported the information to the agency that the child is or might be abused; (e) details concerning the child's physical and emotional condition including any relevant medical or psychological reports; (f) details as to the action taken by the agency including (i) any referral for a medical examination, (ii) the involvement of police officers, (iii) the provision of information to others involved in the investigation and management of the case; and (g) any other information to enable the child abuse committee to carry out its responsibilities under the Act and this regulation. M.R. 178/2003 Committee to meet within 30 days of referral 9 A child abuse committee shall meet within 30 days after a matter is referred to the committee and after that time as required. Functions of child abuse committee 10 A child abuse committee shall (a) review every case of suspected abuse referred to the committee; (b) review as required, the involvement of the police, medical and hospital professionals, and others involved in the investigation and management of the case; (c) provide consultation in the investigation and management of the case; and (d) make recommendations where it is considered appropriate or necessary to protect the child or any other child. Opportunity to provide information 11(1) The child abuse committee shall, subject to subsection 18.4(3) of the Act, give a person who is suspected of having abused a child an opportunity to provide information to the committee by giving the person, in accordance with this section, a copy of the Notice of Opportunity to Provide Information set out as Form CA-1 of the Schedule. Notice given personally or by mail 11(2) A Notice given under subsection (1) shall be given by (a) leaving a copy of the Notice with the person; or (b) sending a copy of the Notice by registered mail to the last known address of the person. M.R. 178/2003 When given by mail 11(3) A Notice given by registered mail under clause (2)⁠(b) shall be presumed, unless the contrary is proved, to have been received by the person on the date of receipt shown on the confirmation of delivery receipt from Canada Post Corporation. M.R. 178/2003 Service at place of residence 11(4) Where an attempt is made to give the person the Notice in accordance with clause (2)⁠(a) or (b) and for any reason the Notice cannot be given in accordance with those provisions, the Notice may be given by, (a) leaving a copy, in a sealed envelope addressed to the person at the person's place of residence, with anyone who appears to be an adult member of the same household; and (b) on the same day or the following day mailing another copy of the document to the person at the place of residence by regular lettermail; and when the Notice is given in this manner, it is effective on the fifth day after the Notice is mailed. M.R. 178/2003 Affidavit of service 11(5) An Affidavit of Service in Form CA-2 of the Schedule must be completed when a Notice is given under this section. Actual notice sufficient 11(6) Despite the fact that the Notice is not given as provided by this section it is sufficiently given if it actually came to the attention of the person to whom it was intended to be given. Committee's opinion 12(1) After reviewing a case of suspected abuse, the child abuse committee shall (a) form an opinion as to the matters set out in clauses 19(3)⁠(a) and (b) of the Act; and (b) report its opinions and, where it has formed the opinion that the person has abused the child, the circumstances of the abuse, to the agency that established the committee. M.R. 178/2003 Vote required 12(2) The opinion of the child abuse committee must be determined by a vote, but a vote shall not be taken unless at least three members of the committee appointed under subsection 3(2) are present. Committee voting 12(3) The opinion of the child abuse committee shall be decided by a majority of the votes cast by committee members who are present, provided that at least three members of the committee appointed under subsection 3(2) vote with the majority. Reasons recorded 13 The child abuse committee shall record the reasons for its opinions under clause 19(3)⁠(a) and (b) of the Act. NOTICE OF INTENT TO REGISTER Notice of intent to register 14(1) Where the child abuse committee has, under clause 12(1)⁠(b), reported to the agency that it is of the opinion that a person has abused a child and that the person's name should be entered in the registry, the agency shall take action within 30 days after receiving the committee's report to give the persons referred to in clauses 19(3.2)⁠(a) to (e) of the Act a copy of the Notice of Intended Entry on Child Abuse Registry in Form CA-3 of the Schedule, in accordance with this section. M.R. 178/2003 Notice to the person 14(2) The agency shall give a copy of the Notice of Intended Entry on Child Abuse Registry, to (a) the person who the committee believes has abused the child, where the person is 12 years of age or older; and (b) the parent or guardian of the person who the committee believes has abused the child, where the person has not reached the age of majority; by (c) leaving a copy of the Notice with the person; or (d) sending a copy of the Notice by registered mail to the last known address of the person. M.R. 178/2003 Subsections 11(3) to (6) apply 14(3) Subsections 11(3) to (6) apply where a Notice is given under subsection (2), with necessary modifications. Notice to the child and the director 14(4) The agency shall give a copy of the Notice of Intended Entry on Child Abuse Registry to (a) the parent or guardian of the child who was abused; (b) the child who was abused, where the child is 12 years of age or older; and (c) the director. Giving notice 14(5) The copy of the Notice of Intended Entry on Child Abuse Registry given to the persons referred to in clauses (4)⁠(a) and (b) shall be given by (a) leaving a copy of the Notice with the person; (b) mailing a copy of the Notice by regular lettermail to the last known address of the person; or (c) leaving a copy, in a sealed envelope addressed to the person at the person's place of residence, with anyone who appears to be an adult member of the same household. M.R. 178/2003 REPORTING Report to agency directors 15 At least annually a child abuse committee shall advise (a) the board of directors of the agency that established it; or (b) where no board of directors exists for the agency, the director of the agency; of its activities. M.R. 178/2003 Report to director 16 An agency shall report to the director, in the manner and form required by the director, the cases where it suspects that a child is or might be abused, including a child in the care of the agency. REVIEW, REPEAL AND COMING INTO FORCE Review 17 Not later than March 14, 2004, the minister shall (a) review the operation of this regulation including consulting with such persons affected by it as the minister considers appropriate; and (b) if the minister considers it advisable, recommend to the Lieutenant Governor in Council that the regulation be amended or repealed. Repeal 18 Manitoba Regulation 60/86 is repealed. Coming into force 19 This regulation comes into force on March 15, 1999. SCHEDULE Form Title CA-1 Notice of Opportunity to Provide Information CA-2 Affidavit of Service of Notice CA-3 Notice of Intended Entry on Child Abuse Registry