Child Abuse Registry
What is the Child Abuse Registry?
The Registry contains names of persons who
have been found to have abused a child.
The purpose of the Child Abuse Registry is to help child and family services
agencies protect children. Under certain circumstances, an employer
or organization can access the Registry to determine whether persons
who will have the care of children or have unsupervised access
to children are listed on the Registry.
How is a name placed on the Registry?
There are 3 ways that a name may be listed on the
Registry:
- A person was found guilty or pleaded
guilty to an offence involving the abuse of a child in a court
either
inside or outside of Manitoba;
- A family court has found a
child to be "in
need of protection" due to abuse; or
- A child and family service agency's Child Abuse Committee has reviewed
the case and formed an opinion that a person has abused a child.
Who has access to the information on the Registry?
Access to the Registry is restricted and all
names and information are confidential. The general public does
not have access to
the Registry.
Access to the Registry is allowed only to certain
people, in specific circumstances. Information would be provided
in the following situations:
- A child and family services
agency may
apply for access (with the person's written consent)
to assess potential employees, foster parents, homemakers, parent
aides, volunteers, student trainees or adoptive applicants
with the agency. An agency may also apply for access without
consent of the person when it conducts a protection investigation.
- An adoption agency 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 with the
adoption agency.
- A peace officer may apply for access to the
Registry when the information is required for the peace office
to carry out his or her duties.
- An employer or other person may apply for access (with the person's written consent) to
determine if a person is listed
on 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 his or her name is listed on
the Registry.
Is there a way to object to the entry of a name on the Registry?
In cases where a person is found in a criminal or family court proceeding to
have abused a child, the name is entered into the Registry.
In cases where a child and family service agency's Child Abuse Committee forms
an opinion that a person has abused a child, it recommends that
their name be entered into the Registry. The person is notified
of the intent to register his or her name and may object to the
Court of Queen's Bench. The court then determines whether the
person has abused the child and whether the name should be entered
into the Registry.
Notification process for Child Abuse Committee decisions
The child and family service agency must notify the following people
that it intends to enter a person's name into the Registry:
- the person the committee believes abused
the child (where the person is over 12 years old);
- the guardian
or parent of the person who abused the child (where the person
who abused the child is under 18 years
old);
- the guardian or parent of the abused child;
- the abused child (where the child
is 12 or older); and
- the Director of Child Protection.
Objection process for Child Abuse Committee decisions
The person who had been advised by a child and family service agency of
the intent to register his or her name may object to the entry
within 60
days of receiving
the notice by:
- Filing with the Court of Queen's Bench
of Manitoba (Family Division) a notice of application for a
hearing,
together with a true copy of the notice received from the child
and family service agency; and
- Serving a true copy of the notice of application on the child and family service
agency concerned.
If no notice of application is filed in the
court within 60 days, the child and family service agency reports
the name of the person and the circumstances of the abuse for
entry into the Registry.
What happens at the Court of Queen's Bench
hearing?
When a person objects to the entry of his or
her name on the Registry concerning a Child Abuse Committee Decision
and files the notice within 60 days, a court hearing
will be held to determine whether the person abused the child.
The decision of the court is final.
At the hearing, the child and family service agency has the burden of
proof, based on the balance of probabilities, to demonstrate that
the person abused the child. All parties may be represented by
legal counsel, and each shall be given full opportunity to present
evidence and to examine and cross-examine witnesses.
The only exception to this is that the child
victim cannot be forced to testify.
The court can receive the child's evidence through
hearsay, by way of recording, a written statement, or in any other
form or manner the court considers acceptable.
Is there a fee for a Registry check?
The Child and Family Services Regulation has been amended
to enable Child Protection to collect fees for Child
Abuse Registry checks.
Effective November 1, 2003, persons applying for a Child Abuse Registry check
are required to pay a $10.00 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 who applies
for a Foster Home licence;
- to assist a peace officer or the Offices of the Children's Advocate
or the Chief Medical Examiner to carry out his/her
duties.
How do I apply for a Child Abuse Registry Check?
Note: If
you are applying for an unpaid position working with children
(e.g. a volunteer, student trainee or work placement), please
contact the organization and complete their application. |
You can complete an application in person Monday to Friday from
8:30 am - 4:30 pm at:
Provincial Services
102 - 114 Garry Street
Winnipeg MB R3C 1G1
Or, you can download the application form and instructions from
the Child Abuse Registry
Self-Check Form page.
Contact information
For more information, please contact:
Child Protection
201 - 114 Garry Street
Winnipeg, MB R3C 4V5
Phone: (204) 945-6967
Toll-free: 1-800-282-8069
Fax: 948-2222
Email: car@gov.mb.ca
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