Child Abuse Registry - Frequently Asked Questions

• What is the Child Abuse Registry?
• How is a name placed on the Registry?
• Who has access to the information on the Registry?
• Is there a way to object to the entry of a name on the Registry?
• Notification process for Child Abuse Committee decisions?
• Objection process for Child Abuse Committee decisions?
• What happens at the Court of King's Bench hearing?
• Is there a fee for a Registry check?
• How do I apply for a Child Abuse Registry Check?
• Contact information

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:

1. 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;
2. A family court has found a child to be "in need of protection" due to abuse; or
3. 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.

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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:

1. 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.
2. 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.
3. 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.
4. 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.
5. Any person may apply for a check to determine if his or her name is listed on the Registry.

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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 King's Bench. The court then determines whether the person has abused the child and whether the name should be entered into the Registry.

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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.

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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:

1. Filing with the Court of King'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
2. 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.

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What happens at the Court of King'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.

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Is there a fee for a Registry check?

Yes, individuals applying for a Child Abuse Registry check are required to pay a $20.00 fee where applicable

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

1. to determine whether a child is in need of protection for a child and family services investigation;
2. to assess an adoptive applicant by a child and family services agency or an adoption agency ;
3. to assess a volunteer, a student trainee or someone in a work placement program who is to work with children;
4. to assess a person who applies for a Foster Home licence;
5. to assist a peace officer or the Offices of the Children's Advocate or the Chief Medical Examiner to carry out his/her duties.

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How do I apply for a Child Abuse Registry Check?

Any person may apply for a check to determine if his or her name is listed on the Registry. Find out how to apply for a Child Abuse Registry check.

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