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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 156 In need of care and protection

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 156

In need of care and protection

(1)     For this Chapter, a child or young person is in need of care and protection if—

        (a)     he or she has been, is being or is likely to be, abused or neglected; and

        (b)     no-one with parental responsibility for the child or young person is willing and able to protect him or her from suffering the abuse or neglect.

(2)     Without limiting subsection (1), a child or young person is in need of care and protection in the following circumstances:

        (a)     if a person with whom the child or young person lives or is likely to live—

              (i)     has threatened to kill or injure the child or young person and there is a real possibility of the threat being carried out; or

              (ii)     has killed, abused or neglected a child or young person and there is a real possibility of the person killing, abusing or neglecting the relevant child or young person;

and no-one with parental responsibility for the child or young person is willing and able to protect the child or young person;

        (b)     no-one with parental responsibility for the child or young person (other than the chief executive) is willing and able to provide him or her with adequate care and protection;

        (c)     if there is a serious or persistent conflict between the child or young person and the people with parental responsibility for him or her (other than the chief executive) to such an extent that the care and protection of the child or young person is, or is likely to be, seriously disrupted;

        (d)     the people with parental responsibility for the child or young person (other than the chief executive) are—

              (i)     dead, have abandoned him or her or cannot be found after reasonable inquiry; or

              (ii)     unwilling or unable to keep him or her from engaging in self-damaging behaviour; or

              (iii)     sexually or financially exploiting the child or young person or unwilling or unable to keep him or her from being sexually or financially exploited;

        (e)     the child or young person is the subject of a child protection order in a State that is not being complied with.