1.3.3 Child Abuse

This section covers the definition of abuse, child abuse investigations, agency child abuse committees and the child abuse registry under The Child and Family Services Act. Section 1.3.4, Provincial Child Abuse Investigations and Section 1.3.5, Child Sexual Exploitation contain additional requirements relating to the reporting and investigation of child abuse.

• Legislation

  Definition of Child Abuse

  The definition of abuse in section 1 of The Child and Family Services Act (the Act) refers to an act or omission by a person that results in physical injury to a child, emotional disability of a permanent nature or likely to result in such a disability, or sexual exploitation of a child with or without a child’s consent.

  Agency Child Abuse Investigations

  Agencies are responsible for determining if a child is in need of protection. The police are responsible for determining if a person has committed an offence under the Criminal Code (Canada) or the Act.

  Section 18.4 of the Act prescribes the process agencies and police must follow in conducting child protection investigations. Section 18.5 requires an agency to report information that a child is or might be abused to its child abuse committee.

  Investigations by the director under section 18.6 of the Act are covered in this manual in section 1.3.4, Provincial Child Abuse Investigations and in Volume 2, Facility Standards, under Policies and Procedures in the Child Care Facility Licensing and Standards Manual.

  Section 2 of the Child Abuse Regulation prescribes the actions an agency must take on receiving information that a child is or might be abused.

  Child Abuse Committees

  Agencies are required under section 19 of the Act to establish child abuse committees. Subsection (2) provides for the establishment of joint committees for participating agencies. Section 36 of the Child and Family Services Authorities Regulation transfers the power to establish joint committees to child and family services authorities. Subsection 19(3) of the Act lists the duties of committees. The remaining subsections pertain to committee and judicial processes for entering the name of a person on the child abuse registry.

  Section 3 of the Child Abuse Regulation prescribes the number and composition of committee members. The balance of the regulation deals with the functions and operations of committees and reporting requirements.

  The Schedule in the regulation contains prescribed forms that are used by child abuse committee a follows:

  Form CA-1 – Notice of Opportunity to Provide Information
  Form CA-2 – Affidavit of Service of Notice
  Form CA-3 – Notice of Intended Entry on the Child Abuse Registry

  These forms are on CFSIS in Forms: Case Management\Child Abuse Committee\Prescribed.

  Child Abuse Registry

  The provincial child abuse registry established under section 19.1 of the Act contains information on persons who have abused a child as defined in the Act. The director is responsible for the operation of the provincial child abuse registry.

  Section 19 of the Act contains provisions relating to the reporting of names for entry on the registry. Agencies are required under subsections 19(3.4) and (4) to report for entry on the registry names of persons who have abused a child. The courts and police are also required to report names under subsections 19(6) and (7) respectively.

  Under section 19.3 of the Act, access to information on the registry is limited to specific organizations or persons and for specific reasons. Subsection 19.3(2) applies to child and family services agencies, subsection (2.1) to licensed adoption agencies, subsection (3) to peace officers, subsection (3.1) to employers and others, and subsection (4) to a person wanting to know if his or her name is on the registry. Section 19(3.3) also provides for a person to object to information on the registry and Section 19.4(2) for removal of names from the registry.

• Policy

  Child Abuse Investigation Services

  The four child and family services authorities are individually and collectively responsible for ensuring the availability of child abuse investigation services throughout the province. In most instances, this responsibility is carried out by designated intake agencies as part of their duties under sections 4 through 8 of the Joint Intake and Emergency Services by Designated Agencies Regulation.

  Child abuse investigation services provided by designated intake agencies must include the following components:

  • a capacity to receive referrals on a 24 hour basis
  • collaboration with police, health professionals and other persons as required under section 2 of the Child Abuse Regulation
  • continuity in the investigative process when a case is opened or transferred for ongoing services
  • continued involvement of collateral service providers as required to complete an investigation
  • a child abuse coordinator and, when feasible, trained child abuse investigators to assist case managers and others in the investigative process

  Agency Child Abuse Coordinators

  Section 3 of the Child Abuse Regulation requires an agency to have a child abuse coordinator. Agencies are expected to assign the duties of a coordinator to a worker or supervisor who has a sound working knowledge of the requirements of this function.

  In areas where responsibilities for child abuse investigation services are carried out by a designated intake agency, other agencies may rely on the DIA child abuse coordinator.

  Committee Operations

  Child and family services authorities are individually and collectively responsible for ensuring child abuse committees operate throughout the province.

  In the absence of alternative arrangements and procedures agreed to jointly by the four authorities, child abuse cases investigated by a designated intake agency are referred to its committee pursuant to section 19 of the Act and subsection 7(2) of the Child Abuse Regulation.

  Reporting Names for Entry in the Registry

  The Act requires agencies, courts and police to report the names of persons found to have abused a child for entry in the child abuse registry. Names must be reported in a confidential manner pursuant to subsections 19.3(1) and 76(3) of the Act.

  Agency Reporting to the Child Abuse Registry – Agencies report findings of child abuse committees under subsections 19(3.4) and courts under subsection 19(4) and (5) of the Act. Reports are submitted in writing by email, fax or regular mail to:

  Child Abuse Registry Unit
  Child Protection Branch
  777 Portage
  Winnipeg MB R3G 0N3
  Fax: (204) 948-2222
  Email: CAR@gov.mb.ca
  
  

  Agency Responsible for Reporting – The four child and family services authorities are individually and collectively responsible for ensuring the names of persons found to have abused a child are reported to the child abuse registry. As a general rule, the agency that completes a child abuse investigation and refers a case to a child abuse committee has responsibility for reporting unless a designated intake agency is given this responsibility.

  Reporting Child Abuse Committee Decisions – The required information is submitted on forms prescribed by regulation or required by the department. The following forms are on CFSIS in Forms Case Management/Child Abuse Committee/Prescribed:

  Form CA-3 – Notice of Intended Entry on the Child Abuse Registry pursuant to subsection 19(3.3) of the Act
  Form CAC-C – Child Abuse Committee – Case Information and Decision
  Form CAR-2 – Report on a Person Who Has Abused a Child
  
  

  If the person does not object to entry of their name in the registry, these forms must be submitted to the CAR unit immediately following the expiration of 60 days of giving the person notice pursuant to section 19(3.4) of the Act. If the person objects to entry of their name in the registry by filing a notice of application under subsection 19(3.5) of the Act, the forms must be submitted immediately following a court decision that the person abused a child. Form CA-3 may be sent to the CAR unit prior to the expiration of 60 days of the giving of notice, but the person’s name is not entered on the registry until statutory requirements have been met.

  Reporting Court Decisions – To carry out their responsibilities under subsection 19(4) of the Act, an agency must submit written information by email, fax or regular mail to the CAR Unit giving the full name of the person and the police incident number (preferred) or the court disposition date. The name of the child victim is also helpful in assisting CAR Unit staff to confirm the court decision. An agency may use Form CAR-2 to submit the required information.

  Entering Information on CFSIS – Information on persons found to have abused a child is entered in the Alleged Maltreatment Incident window (CS31) for each incident. Information is entered at each stage of the process and becomes part of the agency service record.

  Entering Names in the Registry – The CAR Unit in the Child Protection Branch (the branch) enters names in the registry based on information and documents received from agencies, courts and police.

  CAR Check Forms and Procedures

  The branch has developed child abuse registry and prior contact check forms and procedures as follows:

  Child and Family Services Agencies – Forms and instructions for child and family services agencies are available on CFSIS in Forms/Child Abuse Registry info [&] forms. There are two application forms:

  CAR-CFSI – Application for a Child Abuse Registry Check – CFS Investigation
  CAR-CFSAO – Application for a Child Abuse Registry Check – Other
  
  

  CAR-CFSI is used when investigating a child in need of protection. No consent is required by the subject of the record. It is not used for screening a person unless risk factors are identified.

  CAR-CFSAO is used to assess persons applying to provide work or services to an agency such as potential employees (including respite providers), foster home applicants, family residences to be used a place of safety, adoptive applicants, volunteers and students. It can also be used to screen individuals having contact with or in relationship with children and families receiving services.

  Licensed Adoption Agencies – Forms and procedures for licensed adoption agencies are available through the Child Abuse Registry Unit. Adoption agencies use the Application for a Child Abuse Registry Check by an Adoption Agency (CAR-AA).

  Peace Officers – The CAR check form used by peace officers is similar to the investigation form used by child and family services agencies. The Application for a Child Abuse Registry Check by a Peace Officer (CAR-PO) was distributed to all police forces in Manitoba and is available through the CAR Unit. When an officer calls requesting information in the registry, the CAR unit confirms whether the officer’s detachment has the application form. If not, the unit immediately faxes a copy to the officer. Upon receiving the completed application, the unit completes the check and advises the officer of the results by telephone as soon as possible. Peace officer applications have the same priority as CFS investigations.

  Employers and Others – Forms and procedures for employers and other organizations are available through the Child Abuse Registry Unit. They use the Application for a Child Abuse Registry Check by Employers and Others (CAR-EO).

  Self-Checks – Any person may apply to find out if their name is on the registry by completing and submitting an application by mail or in person. The Application for a Child Abuse Registry Check-Mail (CAR-Mail Short) is available online.

  The CAR-In House is given to persons who apply in person to the CAR Unit at:
  Child Protection Branch
  777 Portage Winnipeg MB R3G 0N3
  Tel: (204) 945-6967
  Or online at Adult and Child Abuse Registry

  Prior Contact Checks – The CAR Unit also conducts prior contact checks required by regulation for licensed adoption agencies and, when requested, child and family services agencies. Forms and procedures for prior contact checks are available through the CAR unit. Adoption agencies use the Application for a Prior Contact Check by an Adoption Agency (PCC-AA). CFS agencies use the Application for a Prior Contact Check by a CFS Agency (PCC-CFSA). This form is on CFSIS in Forms\Child Abuse Registry Info [&] forms.

  CAR Check Fees

  Effective November 1, 2003, persons applying for a Child Abuse Registry check are required to pay a $20.00 fee where applicable. The fee must be submitted with the application.

  Applications are exempt from a fee if they are for one of the following purposes:

  • to determine whether a child is in need of protection for a child and family services investigation
  • to assess an adoptive applicant by a child and family services agency or an adoption agency
  • to assess a volunteer, a student trainee or someone in a work placement program who is to work with children
  • to assess a person applying for a foster home licence or requiring approval as a place of safety
  • assist a peace officer, the Children's Advocate or the Chief Medical Examiner in carrying out their duties

  Agency CAR Checks

  The branch has given designated intake agency staff direct access to the registry through the Child and Family Services Information System to ascertain if a person is listed in the registry. Direct access is authorized to assist in child protection investigations and to assess a person or family as a place of safety. Direct access is also given to agencies in the course of conducting prior contact checks. The forms listed in this section must be used.

  Child and family services agencies must submit the appropriate CAR check form to access detailed information in the registry.

  Accessing Information in the Registry

  The Child Abuse Registry Unit at the branch is responsible for ensuring compliance with confidentiality and access provisions in section 19.3 of the Act. Access to information in the child abuse registry is restricted to persons (individuals and organizations) listed in the Act.

  Child and family services agencies may apply for access with the person’s written consent to assess a potential employee, foster parent, homemaker, parent aide, volunteer, student trainee or adoptive applicant. An agency may also apply for access without consent of the person when it conducts a protection investigation.

  Licensed adoption agencies may apply for access with the person's written consent when the information is required by the adoption agency to assess an adoptive applicant, a potential employee, volunteer or student trainee.

  Peace officers may apply for access when the information is required for carrying out their duties including investigations under the Criminal Code (Canada) and the Act.

  Employers or other persons may apply for access (with the person's written consent) to determine if a person is listed in the registry. The information must be required by the employer or person for assessing a person whose work involves or may involve the care of a child or may permit unsupervised access to a child.

  Any person may apply for a check to determine if their name is listed in the registry.

• Standards

  1. Coordination of Child Abuse Cases - Unless agreed to by the four authorities and the director, an agency must have at least one person assigned to carry out the duties of a child abuse coordinator, preferably in a position designated to carry out this function. For a large agency with district or sub-offices, it may be necessary to assign this function to more than one person and to have more than one designated position. In areas where responsibilities for child abuse investigation services are carried out by a designated intake agency, other agencies may rely on the DIA child abuse coordinator.
  2. Child Abuse Coordinator Job Descriptions - The job description of an agency staff assigned to carry out the child abuse coordination function includes the following duties:
  • acting as a resource to agency investigators and case managers
  • arranging, attending and facilitating child abuse committee meetings
  • assisting as necessary in providing persons suspected of abusing a child an opportunity to provide information to a committee
  • tracking cases to ensure names of persons suspected of abusing a child are recorded on the Intake Module and names of all suspected child victims are attached to the name of the suspected abuser
  • tracking cases to ensure the names of persons found to have abused a child by a committee or the courts are reported for entry on the child abuse registry
  3. Child Abuse Committee Information and Contacts - An agency maintains a current file on each of its child abuse committees. Committee files are readily accessible by agency staff involved in child abuse investigations including intake workers, case managers, supervisors and child abuse coordinators. At a minimum, committee files contain the following information:
  • a current list of committee members and the organization they represent
  • contact information for committee members including their addresses, phone numbers and, if available, email addresses and fax numbers
  • meeting schedules and locations
  4. Preparing Committee Documents - An agency prepares committee documents relating to objecting to entry in the registry under section 19 of the Act.
  5. Storage of Committee Documents - An agency maintains a filing and administrative system whereby documents for child abuse committee proceedings are readily accessible to:
  • an agency child abuse coordinator
  • the intake worker or case manager and supervisor involved in the case
  • administrative support staff responsible for preparing and storing the documents
  • agency management and counsel

  When applicable, copies of documents are also placed on the family protection file and/or child-in-care file of the abused child.

  6. Reporting Names of Abusers to the Child Abuse Registry - An agency reports the names of a person found to have abused a child to the branch for entry in the child abuse registry in accordance with the agency reporting requirements. Reports are submitted to the branch immediately from the date of the committee or court finding that a person has abused a child. This standard applies each time there is finding by an agency child abuse committee or court that a person has abused a child and, in the case of a committee, that the person’s name is to be entered into the child abuse registry.

• Protocols

  In August 2001, the ministers of four provincial departments signed the Revised Guidelines for Identifying and Reporting a Child in Need of Protection (Including Abuse). You can access the guidelines within the Appendix of Reporting of Child Protection and Child Abuse: Handbook and Protocols for Manitoba Service Providers.

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