May 11, 2011
Tough New Measures Proposed to Protect Manitobans with Intellectual Disabilities: Mackintosh
– – –Canada's First Adult Registry, New Offences for Abuse, Neglect, Mandatory Reporting Proposed
Manitoba is proposing a new adult abuse registry as well as tough new offences and penalties to better protect adults with intellectual disabilities, Family Services and Consumer Affairs Minister Gord Mackintosh announced today.
“People with disabilities have the right to live free from abuse and neglect and it is our responsibility to ensure our most vulnerable citizens are safe and can participate in their communities without fear,” said Mackintosh. “We are introducing important changes that will allow us to hold people accountable if they abuse or neglect adults with intellectual disabilities.”
The new adult abuse registry, a first of its kind in Canada, would include the names of those who abuse or neglect vulnerable adults and would be used by employers to screen potential employees or volunteers. The registry would provide protection by preventing individuals who abuse or neglect vulnerable people from working with them in the future, Mackintosh said.
Employers providing services to persons with intellectual disabilities would be required to conduct a search of the adult abuse registry before employing new workers or volunteers. The registry is expected to be operational in spring 2012, Mackintosh said.
“The adult abuse registry is another strong step forward in ensuring we provide the safest and most effective programs and services to all persons with disabilities in Manitoba,” said Labour and Immigration Minister Jennifer Howard, minister responsible for persons with disabilities.
There are two ways that an individual would be put on the registry. Individuals convicted of an offence against a vulnerable person under any act would be automatically placed on the registry. Where there is no conviction, a person could be referred to the adult abuse registry committee, which would determine if that person should be placed on the registry based on a finding that abuse or neglect occurred.
The adult abuse registry committee would be appointed and consist of at least three members. Individuals who could be placed on the registry by the committee would be notified in advance and have the right to appeal that decision.
In addition to the registry, several new provisions are being proposed to protect Manitobans with intellectual disabilities. These would mean:
- no one could abuse or neglect an adult with an intellectual disability;
- service providers or substitute decision-makers would have a duty to take all reasonable steps to protect an individual;
- anyone who is aware of abuse or neglect would have a duty to report it; and
- anyone who reports abuse or neglect, including employees of service agencies, would be protected from retaliation.
The penalties would be increased to a maximum of $50,000 from a maximum of $2,000 and/or 24 months in jail up from a maximum of six months. The timeline to launch a prosecution would also be lengthened to two years from six months.
This would be the first phase of the adult abuse registry, Mackintosh said, covering those who abuse or neglect adults with an intellectual disability. The next phase would cover those people who are in health-care facilities, such as personal-care homes and hospitals, expected to be proposed next session, he said, adding it is expected the registry will continue expanding over time to cover other vulnerable populations in the future.
“As a service provider, I am very pleased with the development of this new registry as it will provide a valuable tool to enable employers to thoroughly screen job applicants,” said Jennifer Frain, executive director of New Directions. “It is critical that we take all steps possible to ensure the safety and security of the vulnerable adults in our care. We are grateful to the Manitoba government for the introduction of this Adult Abuse Registry.”
The Vulnerable Persons Living with a Mental Disability Act was created in 1996 to provide protection for people with an intellectual disability while respecting their individual rights. The proposed changes address a gap in the act that has made it difficult to charge anyone for abuse or neglect of an adult with an intellectual disability.
An additional $188 million, or an increase of 311 per cent, has been dedicated to support Manitobans with intellectual disabilities since 1999, Howard said.
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BACKGROUND INFORMATION ATTACHED
Backgrounder
Adult Abuse Registry - https://www.gov.mb.ca/asset_library/en/newslinks/2011/05/Adult_Abuse_Registry.doc