CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 162 When is a child in need of protection?
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 162
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.
S. 162(2) amended by No. 48/2006 s. 12.
(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.
S. 162(3) inserted by No. 52/2013 s. 6.
(3) For the purposes of subsection (1)(c), (d), (e) and (f)—
(a) the Court may find that a future state of affairs is likely even if the Court is not satisfied that the future state of affairs is more likely than not to happen;
(b) the Court may find that a future state of affairs is unlikely even if the Court is not satisfied that the future state of affairs is more unlikely than not to happen.