Critical Incident Reporting Regulation

Critical Incident Reporting Regulation, M.R. 154/2015 The Child and Family Services Act , C.C.S.M. c. C80 Regulation 154/2015 Registered September 18, 2015 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Contents of critical incident report — child 2.1 Contents of critical incident report — young adult 3 Time limit for person to make report 4 Manner of reporting 5 Agency's critical incident report — contents 6 Time limit for agency to make report 7 Manner of reporting by agency 8 Coming into force Definitions 1(1) In this regulation, "Act" means The Child and Family Services Act . 1(2) For the purpose of Part I.2 of the Act, "serious injury" , in relation to a critical incident, has the same meaning as in The Advocate for Children and Youth Act . M.R. 43/2023 Reporting Critical Incidents by Persons Providing Work or Services to Agencies or Authorities Contents of critical incident report — child 2 A person who is required to report a critical incident respecting a child under section 8.16 of the Act must include in their report as much of the following information as the person knows at the time of making the report: (a) the child's name; (b) the child's date of birth or age; (c) whether the child was in the care of an agency at the time of the critical incident, or within one year before the critical incident occurred, because the child (i) had been apprehended as a child in need of protection under section 21 or 22 of the Act, (ii) was the subject of a voluntary surrender of guardianship agreement under section 16 of the Act, or (iii) was the subject of a supervisory, temporary or permanent order under section 38 of the Act; (d) whether the child was the subject of a family support agreement, kinship care agreement or customary care agreement or had been subject to such an agreement within one year before the critical incident occurred; (d.1) whether the child was the subject of a voluntary care agreement under section 13.4 of the Act or had been subject to such an agreement within one year before the critical incident occurred; (e) whether the child was receiving services from an agency, other than the services under clause (c), (d) or (d.1), at the time of the critical incident, or within one year before the critical incident occurred; (f) whether the child's parent or guardian was receiving services from an agency within one year before the critical incident occurred to the child; (g) the date, time and place of the critical incident; (h) a description of the critical incident; (i) the expected outcome of the serious injury on the child; (j) any additional information about the child or the critical incident that the person considers relevant. M.R. 88/2024 ; 12/2025 Contents of critical incident report — young adult 2.1 A person who is required to report a critical incident respecting a young adult under section 8.16 of the Act must include in their report as much of the following information as the person knows at the time of making the report: (a) the young adult's name; (b) the young adult's date of birth or age; (c) whether the young adult was in the care of an agency within one year before the critical incident occurred because the young adult (i) had been apprehended as a child in need of protection under section 21 or 22 of the Act, (ii) had been the subject of a voluntary surrender of guardianship agreement under section 16 of the Act, or (iii) had been the subject of a supervisory, temporary or permanent order under section 38 of the Act; (d) whether the young adult had been the subject of a family support agreement, kinship care agreement or customary care agreement within one year before the critical incident occurred; (e) whether the young adult had been the subject of a voluntary care agreement under section 13.4 of the Act within one year before the critical incident occurred; (f) whether the young adult was receiving services from an agency under subsection 50(2) of the Act at the time of the critical incident or within one year before the critical incident occurred; (g) the date, time and place of the critical incident; (h) a description of the critical incident; (i) the expected outcome of the serious injury on the young adult; (j) any additional information about the young adult or the critical incident that the person considers relevant. M.R. 12/2025 Time limit for person to make report 3 A person who is required to report a critical incident must do so without delay after learning of the incident. In any event, the person must make a critical incident report not later than one hour after learning that (a) the child or young adult has died; or (b) the child or young adult is receiving medical care. M.R. 12/2025 Manner of reporting 4(1) Subject to subsection (2), a person who is required to report a critical incident must make the report in a form approved by the director, and send it to the appropriate agency or the director in accordance with section 8.17 of the Act, by e-mail or fax. 4(2) A critical incident report may also be made orally, by telephone or in person, (a) by a foster parent; (a.1) by a person who provides care, supports or services under a family support agreement, kinship care agreement or customary care agreement; (b) by a person who provides care for a child at a family residence that is designated as a place of safety; or (c) by a volunteer. M.R. 88/2024 Reporting Critical Incidents by Agencies to Authorities and the Director Agency's critical incident report — contents 5 An agency that receives a critical incident report from a person under section 8.17 of the Act must in turn report the critical incident to its mandating authority and the director. The agency's report must (a) be in a form approved by the director; and (b) include a copy of the critical incident report that was sent to the agency by a person referred to in section 8.17 of the Act, or, if an oral report was made to the agency, a summary of the information provided in the oral report. Time limit for agency to make report 6(1) An agency's critical incident report must be made to its mandating authority and the director without delay but, in any event, not later than one hour after a person's report under section 8.16 of the Act is received by the agency. 6(2) If a person's critical incident report is received by an agency after 4:30 p.m. on a day when the agency office was open, or on a day when the agency office is closed, the agency's critical incident report must be made by 10:00 a.m. on the next day when the office is open. Manner of reporting by agency 7 An agency's critical incident report must be sent to its mandating authority and the director by e-mail or fax. Coming into Force Coming into force 8 This regulation comes into force on the same day that The Child and Family Services Amendment Act (Critical Incident Reporting) , S.M. 2014, c. 33, comes into force.