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CHILDREN IN NEED OF PROTECTION

  • Children, Youth and Families Act 2005 - SECT 162
    PART 4.1 CHILDREN IN NEED OF PROTECTION

    When is a child in need of protection?

    (1) For the purposes of this Act a child is in need of protection if any of
    the following grounds exist-

       (a)  the child has been abandoned by his or her parents and after
            reasonable inquiries-

       (i)  the parents cannot be found; and

       (ii) no other suitable person can be found who is willing and able to care
            for the child;

       (b)  the child's parents are dead or incapacitated and there is no other
            suitable person willing and able to care for the child;

       (c)  the child has suffered, or is likely to suffer, significant harm as a
            result of physical injury and the child's parents have not protected,
            or are unlikely to protect, the child from harm of that type;

       (d)  the child has suffered, or is likely to suffer, significant harm as a
            result of sexual abuse and the child's parents have not protected, or
            are unlikely to protect, the child from harm of that type;

       (e)  the child has suffered, or is likely to suffer, emotional or
            psychological harm of such a kind that the child's emotional or
            intellectual development is, or is likely to be, significantly damaged
            and the child's parents have not protected, or are unlikely to
            protect, the child from harm of that type;

       (f)  the child's physical development or health has been, or is likely to
            be, significantly harmed and the child's parents have not provided,
            arranged or allowed the provision of, or are unlikely to provide,
            arrange or allow the provision of, basic care or effective medical,
            surgical or other remedial care.

    (2) For the purposes of subsections (1)(c) to (1)(f), the harm may be
    constituted by a single act, omission or circumstance or accumulate through a
    series of acts, omissions or circumstances.