1.3.7 Working with Law Enforcement

This section pertains to situations that endanger the safety and well-being of children and require a child and family services agency to work closely with law enforcement agencies. It covers:

• domestic violence
• mentally disordered persons
• firearms and other offensive weapons
• drug endangered children (methamphetamine labs)
• alcohol and drug affected persons

Child and family services agencies are also required to work with law enforcement when conducting child abuse investigations or investigating reports on sexually exploited children.

• Legislation

  Child in Need of Protection

  Subsection 17(2) of the Child and Family Services Act (the Act) provides examples of a child in need of protection.

  Subsection 18.4(3) of the Act prohibits an agency from reporting conclusions of its investigation when a criminal investigation is pending and the peace officer in charge of the criminal investigation requests the agency not to do so.

  Subsection 21(3) of the Act pertains to getting a warrant to search for a child and subsection 21(5) to requesting the assistance of police.

  Other Relevant Provincial Statutes

  Section 2 of The Domestic Violence and Stalking Act contains a detailed definition of domestic violence. Among other things, this Act provides for protection orders and prevention orders.

  Part 3 of The Mental Health Act pertains to involuntary assessments and admissions. Section 12 gives peace officers the power to take a person believed to be suffering a mental disorder into custody for purposes of examination.

  The Safer Communities and Neighbourhoods Act provides for investigations of complaints and orders with respect to a community or neighbourhood being adversely affected by activities on or near a property.

  The Youth Drug Stabilization (Support for Parents) Act provides for apprehension orders and stabilization orders with respect to youth who are abusing one or more drugs severely and persistently and, as a result, are likely to deteriorate substantially, either physically or psychologically. Section 4 contains provisions relating to duties of peace officers. The definition of drug includes alcohol. The definition of guardian is the same as in The Child and Family Services Act.

  Firearms and Other Offensive Weapons

  Part III of the Criminal Code (Canada) pertains to firearms and other offensive weapons. Section 117.02 provides for the search and seizure of firearms and other offensive weapons where there are reasonable grounds to believe there is an issue of safety.

  Child Protection Offences

  The Criminal Code (Canada) contains a number of offences relating to the sexual exploitation of children. Sections 151, 152 and 153 cover sexual offences and section 213 pertains to procuring and child abuse by sex trafficking.

  Child protection offence provisions in the Act also apply to the sexual exploitation of children as well as child protection situations. The Act was amended in 2005 to increase penalties with respect to the following offences:

  • Section 18.3 applies to sections 17, 18 and 18.1 with regard to causing a child to be in need of protection, failing to report a child in need of protection, or interfering with or harassing an informant.
  • Subsection 20(7) pertains to violating an order not to contact a child.
  • Subsection 38(6) pertains to obstructing a representative of a child and family services agency from entering a home to supervise a child under a court order.
  • Section 52 pertains to interference with children in care 
  • Section 84 applies to the sale of children.

  Persons found guilty of the above provincial statute offences are now liable under summary conviction to a fine of not more than $50,000 or imprisonment for a term of not more than 24 months or both.

• Policy

  Working with the Police

  Child and family services agencies may find it necessary to collaborate with police in carrying out their child protection responsibilities. They must work closely with the police when necessary to ensure a child’s safety and well-being, or when a legislative provision or provincial protocol requires them to do so.

  Reporting to and collaboration with the police is mandatory in the following situations:

  • allegations of physical or sexual abuse of a child
  • reports or evidence of child sexual exploitation
  • access to methamphetamine lab or other drug endangering site

  Reporting to and collaboration with the police may be necessary to ensure the safety and well-being of a child or the safety of an agency worker in responding to the following situations:

  • reports of domestic violence
  • mental health disorders of a parent or other care provider
  • access to firearms and other offensive weapons
  • severe and persistent use of alcohol and drugs

  Clause 76(3)(g) of the Act permits the sharing of information for purposes of the Act, which includes protecting children.

  The police and criminal prosecutions decide whether a person should be charged with an offence and, if so, whether to rely on the Criminal Code (Canada), the Act (Manitoba), or another federal or provincial statute. The police are also responsible under section 18 of the Act to immediately report a child in need of protection to the appropriate agency and, when necessary, to apprehend the child in accordance with section 21(1).

  Domestic Violence

  Domestic violence is abuse or violence that occurs between intimate partners. Some of the common terms used to describe intimate partner abuse are family violence, domestic abuse, spouse abuse, coercive control and domestic violence.

  Child and family services agencies and the police are often required to jointly respond to situations involving domestic violence when there is a concern that a child is or might be in need of protection. Police may request assistance from an agency to intervene under section 21 of the Act.

  Mentally Disordered Persons

  A child and family services agency may request the police to intervene under section 12 of The Mental Health Act when there is evidence that a child is in need of protection due to a parent, guardian or other caregiver suffering a mental disorder, and that person is unwilling to be examined by a physician or psychiatrist or voluntarily admitted to a mental health facility.

  Exposure to Methamphetamine (Meth) Lab

  Child and family services staff should never enter a known meth lab site. When staff accidentally enter or discover a home that appears to be a meth site, they should leave as quickly as possible and immediately notify law enforcement.

  Staff Exposure – When child and family services staff enter or discover a home that appears to be a meth lab, they need to:

  1. Exit the site as quickly as possible and notify law enforcement immediately.
  2. Move to a safe location but remain in the vicinity in order to be assessed by emergency personnel for any effects resulting from the exposure and whether decontamination is required. Staff not requiring decontamination should thoroughly wash exposed skin with soap and water as soon as possible after leaving the lab site.
  3. Launder clothing worn at the site separately from other household laundry. Do not dry clean clothing worn at the site.
  4. For staff who are pregnant, nursing or have history of respiratory problems, allergies or other health-related conditions, immediately consult with a physician after leaving a lab site.
  5. Notify their supervisor who will ensure the incident is documented and reported to the Workers Compensation Board of Manitoba or other appropriate body.

  Ongoing Medical Assessment of Children – Children exposed to crystal meth may be at higher short and long-term risk for physical, emotional, developmental and behavioural issues. Ongoing medical assessment involves the following steps:

  1. For the first 24 hours, the care provider must monitor the child every two to three hours to ensure that any respiratory or other physical symptoms do not develop in the child. If physical health problems present within the first 48 hours in care, the care provider must access immediate medical care for the child.
  2. In addition to the initial medical assessment, the child and family services agency in collaboration with medical professionals and care providers arranges for the child to receive a full medical assessment at 30 days or soon as possible thereafter and, if the child is still in agency care, one year after the initial apprehension.
  3. The child and family services worker arranges for a developmental assessment as soon as is practical following an apprehension to determine what additional supports or services the child may require.

  Youth Drug Stabilization Services

  The Youth Drug Stabilization (Support for Parents) Act provides a way to access involuntary detention and short-term stabilization for children and youth. This Act is intended as a last resort, when other measures have been unsuccessful and where a youth is causing serious self-harm through severe, persistent substance abuse. The purpose of the stabilization period is to provide a safe, secure environment to engage the youth and develop a treatment plan that they will follow after discharge.

  You can access detailed information on this initiative through Mental Health and Community Wellness. A detailed list of substance use services for youth is also available.

• Standards

  1. Designated Agency Police Contact List – An agency designated to provide intake and emergency services under section 21 of The Child and Family Services Authorities Act maintains a current list of all police detachments and units in its service area. The list is readily available to all its intake workers and supervisors and to other child and family services agencies at the request of those agencies. The list contains:
  • location and address of the detachment or unit,
  • telephone and fax numbers, and
  • names of officers assigned to special duties or functions (if applicable)