Definitions
Many terms that are used in The Protecting and Supporting Children (Information Sharing) Act are defined in Section 1 of the act. Here are some of the most important ones:
The act (law) allows personal information to be shared about supported children. These are children under the age of 18 in Manitoba who:
- are in the care of a Child and Family Services (CFS) agency
- are receiving or whose family is receiving services from a CFS agency
- are receiving or are entitled to receive mental health services or addiction services provided by or on behalf of a public body as defined in The Freedom of Information and Protection of Privacy Act (FIPPA) or a health care facility as defined in The Personal Health Information Act (PHIA).
- are receiving or are entitled to receive disability services provided by or on behalf of government
- are in custody or under supervision with the youth criminal justice system
- have or are eligible to have an individual education plan (IEP)
- are receiving or whose family is receiving family conciliation services provided by or on behalf of government, or
- are receiving or whose family is receiving victim support services; this includes services provided for children or their families by or on behalf of government for:
- victims of crime
- witnesses involved in criminal prosecutions
- individuals and families who are affected by domestic violence, as that term is used in The Domestic Violence and Stalking Act
- children who are sexually exploited or at risk of sexual exploitation.
A guardian is a Child and Family Services (CFS) agency mandated under provincial law, or person other than a parent of a child, who has been appointed as the child’s guardian by the courts or a CFS agency, to which guardianship has been surrendered under section 16 of The Child and Family Services Act. The act applies to legal guardians. Where caregivers are not the child’s parent and do not have legal guardianship of the child, their personal health information cannot be shared under this act.
Service Provider:
A “service provider” is any person, organization or agency that receives funding from the provincial government or a government agency, to provide services or benefits for supported children. The definition also includes provincial government departments. Examples of service providers are:
- Child and Family Services (CFS) agencies and authorities
- foster parents
- schools
- police services
- regional health authorities
- youth criminal justice officers
- community-based agencies
- non-profit organizations
Personal information is any kind of information about an identifiable person. It includes:
- a name
- a home address, telephone or fax number, or e-mail address
- age, sex, sexual orientation, marital or family status
- personal health information, as defined under The Personal Health Information Act (which includes a person’s health or health care history; the provision of care to that person; and payment for health care provided to that person)
- ancestry, race, colour, nationality, national or ethnic origin
- religion or creed, or religious belief, association or activity
- education, employment or occupation (current or previous)
- source of income or financial circumstances, activities or history
- criminal history
- personal views or opinions, except if they are about another person
- views and opinions expressed about the supported child or his/her parents or guardians, by another person
A trustee is a health professional, health care facility, public body, or health services agency that collects or maintains personal health information.
For more definitions, please refer to section 1of the act.