Manitoba to introduce bill expanding Children's Advocate powers

The Manitoba government plans to fast-track a new bill that would expand the powers of the province's Children's Advocate, but questions remain over the province's handling of a recent case involving a 12-year-old girl who was impregnated by her abusive stepfather.

• Children's Advocate confirms investigation into case of teen abused,impregnantedby stepfather
• Stepfather who raped, impregnated young girl sentenced to 16 years

Family Services Minister Kerri Irvin-Ross confirmed on Friday that the bill, which will be introduced during the fall legislative session, would allow the advocate to review not just deaths involving children in care, but critical injuries as well.

Irvin-Ross told CBC's Information Radio that if the bill is approved, the advocate would also be able to investigate cases involving children outsidethe Child and Family Services (CFS) system.

"There are protocols in place: if a person within Manitoba a professional, a private citizen is aware that a child is being abused, that they must report it," she said.

Expanding the investigative powers of the Children's Advocate was one recommendation from an inquiry report into the death of five-year-old Phoenix Sinclair, who spent her short life in and out of CFS care before she was murdered by her mother and stepfather in 2005.

• Manitoba sorry for failing to protect Phoenix Sinclair
• Phoenix Sinclair inquiry prompts Manitoba to keep kids out of CFS care

Critics suggest that a faster interventioncould have made a difference in the case of the 12-year-old girl, who was forced to have two abortions after being impregnated by her abusive stepfather.

The stepfather was sentenced last week to 16 years in prison for repeated sexual assault, among other offences.

Provincial officials say they nowwantto find out how and why the girl was able to seek an abortion at a medical facility in Manitoba, then be sent home with her stepfather, without intervention from child welfare officials.

• Girl's sex abuse went undetected despite 2 abortions before age 13
• Pregnant Manitoba child not reported to welfare agency
• Province should investigate case of pregnant child: retired Justice Ted Hughes

Critics say at the very least,CFS authorities should have investigated the girl's claim that her boyfriend impregnated her, to rule out the possibility that she was the victim of statutory rape.

Progressive Conservative Family Services critic IanWisharttold CBC Thursday that if there were suspicions that the claim wasn't true, the law requires that police arecalled. There are also questions about why the girl'shome life was not examined earlier and why she was sexually active and becoming pregnant at such a young age.

A Winnipeg-based child welfare agency told CBC News it did not get involved in the girl's case earlier because it was not notified.

The case only came to light when the CBC's Donna Carreiro reported it in recent weeks.

Province, WRHAnow reviewing case

Initially, spokespeoplesaid neither the Winnipeg Regional Health Authority nor the province would conduct a review of the case.

On Friday, however, Irvin-Rosssaidboth the WRHA and the province are now reviewing the case.She would not say why they changed their minds and,weeks after it came to their attention,decided to do so.

To this point, the provinceleft it up to the Office of the Children's Advocate. But critics also argue that the advocate currently does not have enough power to conduct a thorough investigation or make any changes based on its findings.

Irvin-Ross would not say why the girl was not protected by Child and Family Services, or what should have been done differently.

"Justice has been done. He has been sentenced for 16 years in jail.We are reviewing it within the department. There is a review happening by the Children's Advocate as well as the WRHA," Irvin-Ross said.

When pressed on why child welfare officials weren't called right away to investigate how the girl could be pregnant and seeking an abortion, Irvin-Ross said, "There are six sides to every story."

Earlier this week, the Office of the Children's Advocate told CBC News it is investigating a possible breakdown in the delivery of child welfare services, but it would not be able to implement recommended changes to the system unless new legislation gives them greater autonomy and transparency.