Manitoba? Deputy Minister of Families Sous-ministre des Families Rm. 351 Legislative Building Palais legislative, bureau 351 Winnipeg, Manitoba, Canada R3C 0V8 Winnipeg (Manitoba) Canada R3C 0V8 204 945?6700 204 945-1896 T?l. 204 945-6700 T?l?c. 204 945-1896 Email: dmfs@leg.gov.mb.ca Courriel dmfs@leg.gov.mb.ca DEC 1 a 2019 Mr. Austin Grabish 541 Portage Ave Winnipeg MB R3C 2H1 Dear Mr. Grabish: Re: Your request for access to information under Part 2 of The Freedom of information and Protection of Privacy Act (FIPPA): (Our File Number: 19-200) On November 1, 2019, the Department of Families received your application for access to the following records [in your words as stated on your application]: 19-200 Requests records that outline and detail substantiated cases of abuse and neglect against people living with intellectual disabilities that occurred in the 2018-2019 fiscal year. Include records that breakdown who the perpetrator was (an employee, family member, etc), where and when the abuse happened and if staff were fired as a result or if criminal charges were laid. The department searched its electronic database of Community Living Services (CLDS) protection investigations. We are pleased to advise that the records that you have requested have been granted in full under the act. Under FIPPA clause 10(2), we have created a record in response to your access request. The FIPPA clause we used to make this decision is provided in full below: 10(2) If a record exists but is not in the form requested by the applicant, the head of the public body may create a record in the form requested if the head is of the opinion that it would be simpler or less costly for the public body to do so. A record was created because releasing information such as the names and other identifying information about program participants and that of offenders who have been terminated and/or received a criminal charge would be an unreasonable invasion of their privacy. In addition, releasing facility names may potentially identify the participants or staff members involved in the incident. Many agencies and communities that deliver services in Manitoba are smaller in scope and, as a result, by identifying facilities, it may identify the participants or staff members involved. The enclosed table shows the 29 abuse and neglect cases that were substantiated in the 2018/19 fiscal year The table includes a detailed description of each separate incident. including the nature and type of incident, the relationship between the participant and the offender (e 9 friend, service provider, family member), where and when the indicent happened, and any consequences such as whether staff were fired or criminal charges were laid The department may not know whether an agency fires an employee As agencies are solely responsible for their staff, they are not required to notify the department about their internal human resource matters. The CLDS Protection Unit does not followrup With an agency to determine an employees work status unless the employee was placed on the Adult Abuse Registry as a result of an investigation Some agencies; however, may voluntarily inform the Unit if they terminated their staff's employment The Unit would also know if an agency staff were released before a CLDS protection investigation is completed The table identifies 24 incidents where criminal charges were laid, which varies from the 15 incidents that were reported publically in the department's 2018/19 annual report The variation is because the CLDS Protection Unit continually receives updates related to criminal investigations The criminal charge information Within the enclosed table is the most current information the department had available when we received your access request Subsection 59(1) of FIPPA prOVides that you may make a complaint to the Ombudsman about our decision regarding your request for access. You have 60 days from the receipt of this letter to make a complaint on the enclosed form to Manitoba Ombudsman 7507500 Portage Avenue Winnipeg MB R30 3X1 204-982--9130 17800766570531 Sincerely, 9% John Leggat Access and Privacy Officer Deputy Minister Enclosures SUBSTANTIATED 2018/19 FISCAL YEAR PERSON TYPE OF DESCRIPTION WHERE OCCURRED WHEN OCCURRED CMMINAL STAFF FIRED ACCUSED ABUSE CHARGE LAID Community Sexual Community member drugged and sexuaily VP's home May?18 Yes WA Member assaulted VP while staying at home for three days. VP permitted community member to stay with him/her. Friend Physical VP's friend physically assauited VP after trying to home Apr?18 Yes WA take 510 from VP. VP suffered nerve damage to hisfher neck, bruising on both arms and a sore wrist . Friend Physical friend physically assaulted VP when the home May?18 Yes friend and a third party tried to take the money and possessions. VP sustained bruising and swelling to hisXher cheek bone. Service Emotionai Service provider emotionally abused VP by using In community Jun-18 No Yes Provider profanity. VP became frightened of service provider. Community Physical Girifriend ofVP?s ex?partner physically assaulted in community Jun-18 Yes WA Member VP. VP was hit on his/her face and side of his/her stomach while walking home. Friend Physical Boyfriend of friend physically assaulted VP in community Nov?18 Yes when VP tried to break up a fight between VP's friend and boyfriend. VP was hit in the face and suffered a facial injury that later became infected. Community Physical Community member physically and sexually in community May-17 Yes WA Member Sexual assaulted VP, whom they met oniine. VP suffered swelling on his/her head and a bruised arm. Page 1 of 5 PERSON ACCUSED TYPE OF ABUSE DESCRIPTION WHERE OCCURRED WHEN OCCURRED CRIMWAL CHARGE LAID STAFF FIRED Vulnerable Person Physical physically assauited VPZ while at an outing with Day Program. VP2 was pushed against a wail three times and hit multiple times whiie on the floor. VPZ attended hospital by ambulance. VPZ suffered a mild concussion. in community May?18 Yes Community Member Sexual Community member sexually assaulted VP, whom they met online through Craig?s List. Community member posed as apartment manager and offered to heip VP terminate lease in exchange for sexual favours. VP was violently assaulted on one occasion. ln community Feb?18 Yes Community Member Financial Community member convinced VP to give debit card and PIN number to him/her so he/she couid withdraw money from hisfher bank account and deposit it in the VP's account. Community member deposited empty envelopes and withdrew over $2,000. in community Nov?17 No NXA Fnend Sexual Physicai Emotionai Financiai friend manipulated VP into engaging in sexuai acts with him/her. Friend threatened VP with physical harm ifVP did not give money to him/her. Friend physically assaulted VP and burnt VP with cigarettes. Friend also had another person sexually assault VP. home Nov 2014-2016 Yes NXA Fnend Sexual VP forced to have sexual intercourse with offender by the friend who was exploiting him/her. home NOV 2014,2015 Yes NXA Page 2 of 5 PERSON TYPE OF WHERE OCCURRED WHEN OCCURRED CRIMINAL STAFF FIRED ACCUSED ABUSE CHARGE LAID Ex?Partner Physical ex-partner attended apartment while home Jun-18 Yes NXA under the influence of methanphetamine. When ex-partner was not allowed to visit their son, ex- partner physicaliy assaulted VP by pushing VP onto a bed and choking VP. Community Sexuai Two community members sexually assaulted VP, Offender?s home Aug-18 Yes Members whom they met online. Partner Physical partner physically assaulted VP. VP punched Famiiy home Oct?l7 Yes WA in the face, and suffered two biack eyes and a swollen forehead. VP's phone and clothing were stolen. Service Financiai Service provider stole approximately $2,800 from in community/VP'S 2014?2017 No Yes Provider VP. Amount of stoien money could not be home confirmed. Service provider not criminaliy charged as agency paid back VP. Friend Sexual VP reported he/she was sexually assaulted at in community 2017 Yes various hockey games. Ex-Partner Physicai ex?partner choked and slammed VP against home Jun?18 Yes wait?) Partner Sexual VP reported his/her partner sexuaiiy and Offender?s home Apr-18 Yes NXA Physical physically assaulted him/her while third parties watched . Community Financiai Community member convinced VP that VP was in community 203.7 Yes WA Member "sick" and offered to help. VP provided community member with over $5,000. Community Physical Community member (neighbour) yelled at VP and In community 2015 Yes WA Member pushed VP against a fence. VP suffered an asthma attack, and a sore throat that made talking difficult. Page 3 of 5 PERSON TYPE OF CRIMINAL ACCUSED ABUSE DESCRIPTION WHERE OCCURRED WHEN OCCURRED CHARGE LAID STAFF Famiiy Physicai Family member physically assauited VP and home Sep-18 Yes NXA Member threatened VP with a firearm. . Partner Physical partner physically assaulted VP. VP sustained home Dec-18 Yes NXA Sexual injuries to his/her face. Medical examination determined nose was visibly crooked, which could potentially be disfigurement. VP also reported being sexually assaulted. Service Neglect Service provider neglected VP by failing to put School Oct?18 No Unknown Provider vehicle in park when dropping VP off at school. When VP was getting out of the vehicle, the vehicle started moving and drove over foot. VP sustained a toe fracture and bruised knees. Partner Physical VP's partner tried to strangle VP. In community Sap?18 Yes Service Neglect Service provider neglected VP by driving erratically In community Dec-18 Yes Yes Provider while under the influence of alcohol with VP in the vehicle. Service provider was three times over the legal alcohol limit. Partner Physical partner threw VP into a doorjam. VP hit In community Feb-19 Yes NIA his/her head and face on the doorjam, resulting in large gash and lump on his/her forehead as well as broken nose and cut lip. VP also sustained bruising on arms and upper body. (partner's apartment) Page 4 of 5 PERSON TYPE OF CRIMINAL ACCUSED ABUSE DESCRIPTION WHERE OCCURRED WHEN OCCURRED CHARGE LAID STAFF FIRED Foster Ca re Neglect Foster care provider neglected VP by not providing Offender?s home Deolg No Yes Provider VP with a safe home, putting VP at risk of harm. Provider allowed third parties, who were in conflict with the law and substance abusers, into the home. VP was the victim of a home invasion, tied up and threatened with a weapon. Friends Physicai Two of VP's friends assaulted VP with a basebail VP's home 2018 Yes bat and stoie VP posessions. VP sustained injuries to head, which required stitches. *Substa ntiated cases indicates that there was suf?cient evidence to support the ailegation of abuse or neglect under The Vulnerabie Persons Act (VPA). VP indicates Vulnerable Person. Page 5 of