Would be used by employers to screen potential employees, volunteers
Employers providing services to people with intellectual disabilities could soon be required to conduct a search of a new adult abuse registry being proposed in Manitoba.
The registry, expected to be operational in spring 2012, would include the names of those who abuse or neglect vulnerable adults and would be used by employers to screen potential employees or volunteers.
"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 Family Services and
Consumer Affairs Minister Gord Mackintosh.
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 an 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.
"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."
This would
be the first phase of the adult abuse registry, said Mackintosh, and the next
phase would cover people who are in health-care facilities, such as personal-care
homes and hospitals. It is expected the registry will continue expanding to
cover other vulnerable populations in the future.
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
• 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 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.
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.
