P-34.1 - Youth Protection Act

Section 38.2.1 Disposition versions

2019-01-28

38.2.1. For the purposes of section 38.2, any decision relating to a report for a situation of educational neglect in connection with the schooling a child receives or with the child’s compliance with compulsory school attendance must, in particular, take into consideration the following factors:

(a)  the consequences for the child of not attending school or of being absent from school, in particular with regard to his social integration ability;

(b)  the child’s level of development in relation to his age and personal characteristics;

(c)  the measures taken by the parents to ensure the child receives proper schooling, including academic supervision of the child and cooperation with local resources, including school resources; and

(d)  the local resources’ ability to support the parents in carrying out their responsibilities and to help the child make progress in his learning.

If the nature of the report warrants it, the assessment of the child’s ability to re-enter the school system, the evaluation of the child’s academic development and the measures taken by the parents with regard to the conditions in which the child’s learning is to occur in a home-schooling context must also be taken into consideration. Those factors must be considered in the manner stipulated in the agreement described in section 37.8.

2017, c. 18, s. 20.