P-34.1 - Youth Protection Act

Section 38 Disposition versions

2023-04-26

38. For the purposes of this Act, the security or development of a child is considered to be in danger if the child is in a situation of abandonment, neglect, psychological ill-treatment, exposure to domestic violence or sexual or physical abuse, or if the child has serious behavioural disturbances.

In this Act,

(a)  “abandonment” refers to a situation in which a child’s parents are deceased or fail to provide for the child’s care, maintenance or education and those responsibilities are not assumed by another person in accordance with the child’s needs;

(b)  “neglect” refers to

(1)  a situation in which the child’s parents or the person having custody of the child do not meet the child’s basic needs,

i.  failing to meet the child’s basic physical needs with respect to food, clothing, hygiene or lodging, taking into account their resources;

ii.  failing to give the child the care required for the child’s physical or mental health, or not allowing the child to receive such care; or

iii.  failing to provide the child with the appropriate supervision or support, or failing to take the necessary steps to ensure that the child receives a proper education and, if applicable, that he attends school as required under the Education Act (chapter I-13.3) or any other applicable legislation; or

(2)  a situation in which there is a serious risk that a child’s parents or the person having custody of the child are not providing for the child’s basic needs in the manner referred to in subparagraph 1;

(c)  “psychological ill-treatment” refers to a situation in which a child is seriously or repeatedly subjected to behaviour on the part of the child’s parents or another person that could cause harm to the child, and the child’s parents fail to take the necessary steps to put an end to the situation. Such behaviour includes in particular indifference, denigration, emotional rejection, excessive control, isolation, threats, exploitation, particularly if the child is forced to do work disproportionate to the child’s capacity, and exposure to family violence;

(c.1)  “exposure to domestic violence” refers to a situation in which a child is directly or indirectly exposed to violence between the child’s parents or between one of his parents and a person with whom the parent has an intimate relationship, including in a post-separation context, among other things if the child witnesses such violence or develops in an atmosphere of fear or tension, and where such exposure could cause harm to the child;

(d)  “sexual abuse” refers to

(1)  a situation in which the child is subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including any form of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of being subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including a serious risk of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation;

(e)  “physical abuse” refers to

(1)  a situation in which the child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of becoming the victim of bodily injury or being subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation;

(f)  “serious behavioural disturbance” refers to a situation in which a child behaves in such a way as to repeatedly or seriously undermine the child’s or others’ physical or psychological integrity, and the child’s parents fail to take the necessary steps to put an end to the situation or, if the child is 14 or over, the child objects to such steps.

1977, c. 20, s. 38; 1981, c. 2, s. 8; 1984, c. 4, s. 18; 1994, c. 35, s. 23; 2006, c. 34, s. 14; 2016, c. 12, s. 36; 2017, c. 18, s. 18; 2022, c. 11, s. 27.

2019-01-28

38. For the purposes of this Act, the security or development of a child is considered to be in danger if the child is abandoned, neglected, subjected to psychological ill-treatment or sexual or physical abuse, or if the child has serious behavioural disturbances.

In this Act,

(a)  “abandonment” refers to a situation in which a child’s parents are deceased or fail to provide for the child’s care, maintenance or education and those responsibilities are not assumed by another person in accordance with the child’s needs;

(b)  “neglect” refers to

(1)  a situation in which the child’s parents or the person having custody of the child do not meet the child’s basic needs,

i.  failing to meet the child’s basic physical needs with respect to food, clothing, hygiene or lodging, taking into account their resources;

ii.  failing to give the child the care required for the child’s physical or mental health, or not allowing the child to receive such care; or

iii.  failing to provide the child with the appropriate supervision or support, or failing to take the necessary steps to ensure that the child receives a proper education and, if applicable, that he attends school as required under the Education Act (chapter I-13.3) or any other applicable legislation; or

(2)  a situation in which there is a serious risk that a child’s parents or the person having custody of the child are not providing for the child’s basic needs in the manner referred to in subparagraph 1;

(c)  “psychological ill-treatment” refers to a situation in which a child is seriously or repeatedly subjected to behaviour on the part of the child’s parents or another person that could cause harm to the child, and the child’s parents fail to take the necessary steps to put an end to the situation. Such behaviour includes in particular indifference, denigration, emotional rejection, excessive control, isolation, threats, exploitation, particularly if the child is forced to do work disproportionate to the child’s capacity, and exposure to conjugal or domestic violence;

(d)  “sexual abuse” refers to

(1)  a situation in which the child is subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including any form of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of being subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including a serious risk of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation;

(e)  “physical abuse” refers to

(1)  a situation in which the child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of becoming the victim of bodily injury or being subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation;

(f)  “serious behavioural disturbance” refers to a situation in which a child behaves in such a way as to repeatedly or seriously undermine the child’s or others’ physical or psychological integrity, and the child’s parents fail to take the necessary steps to put an end to the situation or, if the child is 14 or over, the child objects to such steps.

1977, c. 20, s. 38; 1981, c. 2, s. 8; 1984, c. 4, s. 18; 1994, c. 35, s. 23; 2006, c. 34, s. 14; 2016, c. 12, s. 36; 2017, c. 18, s. 18.

2016-06-08

38. For the purposes of this Act, the security or development of a child is considered to be in danger if the child is abandoned, neglected, subjected to psychological ill-treatment or sexual or physical abuse, or if the child has serious behavioural disturbances.

In this Act,

(a)  “abandonment” refers to a situation in which a child’s parents are deceased or fail to provide for the child’s care, maintenance or education and those responsibilities are not assumed by another person in accordance with the child’s needs;

(b)  “neglect” refers to

(1)  a situation in which the child’s parents or the person having custody of the child do not meet the child’s basic needs,

i.  failing to meet the child’s basic physical needs with respect to food, clothing, hygiene or lodging, taking into account their resources;

ii.  failing to give the child the care required for the child’s physical or mental health, or not allowing the child to receive such care; or

iii.  failing to provide the child with the appropriate supervision or support, or failing to take the necessary steps to provide the child with schooling; or

(2)  a situation in which there is a serious risk that a child’s parents or the person having custody of the child are not providing for the child’s basic needs in the manner referred to in subparagraph 1;

(c)  “psychological ill-treatment” refers to a situation in which a child is seriously or repeatedly subjected to behaviour on the part of the child’s parents or another person that could cause harm to the child, and the child’s parents fail to take the necessary steps to put an end to the situation. Such behaviour includes in particular indifference, denigration, emotional rejection, excessive control, isolation, threats, exploitation, particularly if the child is forced to do work disproportionate to the child’s capacity, and exposure to conjugal or domestic violence;

(d)  “sexual abuse” refers to

(1)  a situation in which the child is subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of being subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, and the child’s parents fail to take the necessary steps to put an end to the situation;

(e)  “physical abuse” refers to

(1)  a situation in which the child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of becoming the victim of bodily injury or being subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation;

(f)  “serious behavioural disturbance” refers to a situation in which a child behaves in such a way as to repeatedly or seriously undermine the child’s or others’ physical or psychological integrity, and the child’s parents fail to take the necessary steps to put an end to the situation or, if the child is 14 or over, the child objects to such steps.

1977, c. 20, s. 38; 1981, c. 2, s. 8; 1984, c. 4, s. 18; 1994, c. 35, s. 23; 2006, c. 34, s. 14; 2016, c. 12, s. 36.

2007-07-09

38. For the purposes of this Act, the security or development of a child is considered to be in danger if the child is abandoned, neglected, subjected to psychological ill-treatment or sexual or physical abuse, or if the child has serious behavioural disturbances.

In this Act,

(a)  “abandonment” refers to a situation in which a child’s parents are deceased or fail to provide for the child’s care, maintenance or education and those responsibilities are not assumed by another person in accordance with the child’s needs;

(b)  “neglect” refers to

(1)  a situation in which the child’s parents or the person having custody of the child do not meet the child’s basic needs,

i.  failing to meet the child’s basic physical needs with respect to food, clothing, hygiene or lodging, taking into account their resources;

ii.  failing to give the child the care required for the child’s physical or mental health, or not allowing the child to receive such care; or

iii.  failing to provide the child with the appropriate supervision or support, or failing to take the necessary steps to provide the child with schooling; or

(2)  a situation in which there is a serious risk that a child’s parents or the person having custody of the child are not providing for the child’s basic needs in the manner referred to in subparagraph 1;

(c)  “psychological ill-treatment” refers to a situation in which a child is seriously or repeatedly subjected to behaviour on the part of the child’s parents or another person that could cause harm to the child, and the child’s parents fail to take the necessary steps to put an end to the situation. Such behaviour includes in particular indifference, denigration, emotional rejection, isolation, threats, exploitation, particularly if the child is forced to do work disproportionate to the child’s capacity, and exposure to conjugal or domestic violence;

(d)  “sexual abuse” refers to

(1)  a situation in which the child is subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of being subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, and the child’s parents fail to take the necessary steps to put an end to the situation;

(e)  “physical abuse” refers to

(1)  a situation in which the child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation; or

(2)  a situation in which the child runs a serious risk of becoming the victim of bodily injury or being subjected to unreasonable methods of upbringing by his parents or another person, and the child’s parents fail to take the necessary steps to put an end to the situation;

(f)  “serious behavioural disturbance” refers to a situation in which a child behaves in such a way as to repeatedly or seriously undermine the child’s or others’ physical or psychological integrity, and the child’s parents fail to take the necessary steps to put an end to the situation or, if the child is 14 or over, the child objects to such steps.

1977, c. 20, s. 38; 1981, c. 2, s. 8; 1984, c. 4, s. 18; 1994, c. 35, s. 23; 2006, c. 34, s. 14.

1994-09-01

38. For the purposes of this Act, the security or development of a child is considered to be in danger where

(a)  his parents are deceased or do not, in fact, assume responsibility for his care, maintenance or education;

(b)  his mental or affective development is threatened by the lack of appropriate care or by the isolation in which he is maintained or by serious and continuous emotional rejection by his parents;

(c)  his physical health is threatened by the lack of appropriate care;

(d)  he is deprived of the material conditions of life appropriate to his needs and to the resources of his parents or of the persons having custody of him;

(e)  he is in the custody of a person whose behaviour or way of life creates a risk of moral or physical danger for the child;

(f)  he is forced or induced to beg, to do work disproportionate to his capacity or to perform for the public in a manner that is unacceptable for his age;

(g)  he is the victim of sexual abuse or he is subject to physical ill-treatment through violence or neglect;

(h)  he has serious behavioural disturbances and his parents fail to take the measures necessary to put an end to the situation in which the development or security of their child is in danger or the remedial measures taken by them fail.

However, the security or development of a child whose parents are deceased is not considered to be in danger if a person standing in loco parentis has, in fact, assumed responsibility for the child’s care, maintenance and education, taking the child’s needs into account.

1977, c. 20, s. 38; 1981, c. 2, s. 8; 1984, c. 4, s. 18; 1994, c. 35, s. 23.

1984-04-16

38. For the purposes of this Act, the security or development of a child is considered to be in danger where

(a)  his parents are dead, no longer take care of him or seek to be rid of him;

(b)  his mental or affective development is threatened by the lack of appropriate care or by the isolation in which he is maintained or by serious and continuous emotional rejection by his parents;

(c)  his physical health is threatened by the lack of appropriate care;

(d)  he is deprived of the material conditions of life appropriate to his needs and to the resources of his parents or of the persons having custody of him;

(e)  he is in the custody of a person whose behaviour or way of life creates a risk of moral or physical danger for the child;

(f)  he is forced or induced to beg, to do work disproportionate to his capacity or to perform for the public in a manner that is unacceptable for his age;

(g)  he is the victim of sexual abuse or he is subject to physical ill-treatment through violence or neglect;

(h)  he has serious behavioural disturbances and his parents fail to take the measures necessary to remedy the situation or the remedial measures taken by them fail.

Subparagraph g of the first paragraph does not apply if the child is the victim of sexual abuse or is subject to physical ill-treatment from any person other than his parents and the latter take the measures necessary to remedy the situation.

1977, c. 20, s. 38; 1981, c. 2, s. 8; 1984, c. 4, s. 18.

1981-08-01

38. For the purposes of this act, the security or development of a child is considered to be in danger where, in particular,

(a)  his parents are dead, no longer take care of him or seek to be rid of him and no other person is taking care of him;

(b)  his mental or emotional development or his health is threatened by the isolation in which he is maintained or the lack of appropriate care;

(c)  he is deprived of the material conditions of life appropriate to his needs and to the resources of his family;

(d)  he is in the custody of a person whose behaviour or way of life creates a risk of moral or physical danger for the child;

(e)  repealed;

(f)  he is the victim of sexual assault or he is subject to physical ill-treatment through violence or neglect;

(g)  he has serious behaviour disturbances;

(h)  he is forced or induced to beg, to do work disproportionate to his strength or to perform for the public in a manner that is unacceptable for his age;

(i)  he leaves a hospital centre, a reception centre or a foster family without authorization.

A child’s security or development may be considered to be in danger if:

(a)  he is of school age and does not attend school, or is frequently absent without reason;

(b)  he leaves his own home without authorization.

1977, c. 20, s. 38; 1981, c. 2, s. 8.

1979-01-15

38. For the purposes of this act, the security or development of a child is considered to be in danger where, in particular,

(a)  his parents are dead, no longer take care of him or seek to be rid of him and no other person is taking care of him;

(b)  his mental or emotional development or his health is threatened by the isolation in which he is maintained or the lack of appropriate care;

(c)  he is deprived of the material conditions of life appropriate to his needs and to the resources of his family;

(d)  he is in the custody of a person whose behaviour or way of life creates a risk of moral or physical danger for the child;

(e)  he is of school age and does not attend school or is frequently absent without reason;

(f)  he is the victim of sexual assault or he is subject to physical ill-treatment through violence or neglect;

(g)  he has serious behaviour disturbances;

(h)  he is forced or induced to beg, to do work disproportionate to his strength or to perform for the public in a manner that is unacceptable for his age;

(i)  he leaves a reception centre, a foster family or his own home without authorization.

1977, c. 20, s. 38.