Adult Abuse Registry
Questions and Answers
What is the Adult Abuse Registry?
The Adult Abuse Registry (AAR) is a database which records the identity of individuals who have been found to have abused or neglected a specified adult. The purpose of the AAR is to allow employers to screen potential employees and volunteers who want to work directly with specified adults.
Who is considered a specified adult?
For the purposes of the AAR, a specified adult means an "adult living with an intellectual disability" defined in The Adults Living with an Intellectual Disability Act and a "patient" defined in The Protection for Persons in Care Act (PPCA):
- "Adult living with an intellectual disability" under The VPA means an adult living with a intellectual disability who is in need of assistance to meet his or her basic needs with regard to personal care or management of his or her property.
- "Patient" under The PPCA means an adult, other than an adult living with an intellectual disability under The Act, who:
- is a resident or an in-patient in a hospital, personal care home or Selkirk Mental Health Centre or is receiving respite care in such a facility,
- is receiving services in a geriatric day hospital that is managed by a hospital designated by regulation under The Health Services Insurance Act, or
- is receiving services in an emergency department or urgent care centre of a hospital.
How is a name placed on the Adult Abuse Registry?
There are two ways a name may be listed on the Adult Abuse Registry:
- If a person has been found or pleaded guilty to an offence involving the abuse or neglect of a specified adult, the person's name must be placed on the AAR. As long as the person is likely to be in Manitoba, it does not matter where the offence took place.
- If the Adult Abuse Registry Committee determines, using its own process, that a person has abused or neglected a specified adult and that the person's name should be placed on the AAR, the name must be placed on the Registry. The Committee receives cases to review for this purpose from government officials who are responsible for investigating suspected cases of abuse or neglect of specified adults.
Who sits on the Adult Abuse Registry Committee?
The Adult Abuse Registry Committee is made up of individuals appointed by government and must represent the following groups: law enforcement; lawyers; health professionals; and persons with experience in providing care or services to specified adults. The maximum number of appointed committee members is 30.
If the Adult Abuse Registry Committee determines, using its own process, that a person has abused or neglected a specified adult and that the person's name should be placed on the AAR, the name must be placed on the Registry. The Committee receives cases to review for this purpose from government officials who are responsible for investigating suspected cases of abuse or neglect of specified adults.
Who has access to information on the Adult Abuse Registry?
All the names and information on the AAR are confidential. The general public does not have access to the Registry.
Most often checks will be requested by individuals on themselves. A person's name will be checked on the system and they will get a print out saying that their name is either on or not on the AAR.
Certain individuals can also access the Registry, in the following situations:
- A designated government official conducting a protection investigation may apply for access to the Registry without consent of the person being investigated;
- A peace officer may apply for access to the AAR when the information is required for the peace officer to carry out his or her duties; and
- An employer or other person may apply for access (with the person's written consent) to check if a person is listed on the AAR.
What is considered abuse or neglect?
- Any action involving the abuse or neglect of a specified adult, including physical, emotional, psychological and financial abuse, could qualify an individual for a referral to the AAR.
- Patients and specified adults are protected by separate laws that speak to their unique circumstances. The PPCA and The VPA should be referred to for their distinct definitions of abuse and neglect.
- Learn more about The PPCA
- Learn more about The VPA
How long will someone's name stay on the Adult Abuse Registry?
Similar to the Child Abuse Registry, an offender's name will be included on the registry for a period of 10 years or a longer period if specified in the regulations made under The Adult Abuse Registry Act.
Is there any discretion about whose name goes on the Adult Abuse Registry?
All individuals convicted in court of abusing or neglecting a specified adult will be placed on the AAR. In other cases, the Adult Abuse Registry Committee must determine if abuse or neglect occurred and then make a decision as to whether the individual's name should be placed on the registry.
How does someone know if their name is on or will be going on the Adult Abuse Registry?
If an individual is going on the registry he or she will be advised in writing.
Can an individual object to the registration of his or her name on the Adult Abuse Registry?
If a person's name goes on the registry as the result of a conviction, there is no objection process. If a person is advised that the Committee has determined that his or her name should be placed on the AAR, the individual will have 60 days to object to the Court of King's Bench. The individual will be advised of this right in writing. The decision of the court is final.
If a name is on the Adult Abuse Registry can the person apply to have it come off before the 10 years are up?
No. A person's name is on the AAR for 10 years (or longer, if specified in Regulations), from the time their name is registered on the AAR without exception.
Will there be a fee for an Adult Abuse Registry check?
Yes, a fee of $20.00 will be charged for AAR checks. This fee is the same as the cost of a Child Abuse Registry Check. The following groups are exempt from paying a fee for their AAR check: department staff when the check is part of a protection investigation; applicants to be Substitute Decision Makers; law enforcement and the Chief Medical Examiner as part of their work; and when a person applies for a check as part of the foster home (home share) application process under the Residential Care Facilities Licensing Regulation. The following may be exempt from paying a fee for their AAR check: volunteers working with specified adults; student trainees working with specified adults; individuals in a work placement program working with specified adults. If you are applying for one of these positions, please contact the organization and complete their application.
Who pays for the checks?
Payment is the responsibility of the individual requesting the check.
Will staff who currently work with specified adults be required to get AAR checks?
AAR checks will be required for staff on a go-forward basis, meaning that only new hires will have to obtain an AAR check. Individuals who have or are seeking licences or letters of approval from Family Services to provide residential care to specified adults, and anyone providing supports in their home for specified adults, will be required to get an AAR check when they apply for a licence or renew their licence through Family Services. The PPCA and The VPA require government officials to tell an individual's employer if that person has abused or neglected a specified adult if they work with or have unsupervised access to specified adults.
You must complete a Criminal Record check and a Child Abuse Registry check upon employment. Once you are employed, your employer may initiate these checks for you.
What do I do if I think someone is abusing or neglecting a specified adult?
If you witness an at-risk individual being abused or neglected, you should immediately report the abuse to the police. If you believe a participant of Community Living disABILITY Services is being abused or neglected, you must report the abuse or neglect to the nearest Families office. If you believe a patient is being abused or neglected, you must report your concerns to the Protection for Persons in Care Office of Manitoba Health.
Will the Adult Abuse Registry prevent abuse from happening?
The AAR should be used with other protective strategies like Criminal Record checks and human resource practices to provide an additional layer of protection for specified adults receiving service in the community or patients receiving services in health facilities. The AAR is a tool that may reduce the prevalence of abuse or neglect by preventing people who have abused or neglected specified adults from working with them in the future.
Where can I learn more about the Adult Abuse Registry?
For more information related to the AAR, please visit the Adult Abuse Registry website or call 204 945-6967 or Toll Free 1-855-844-8834.