Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 63

When is a child in need of protection?

63. When is a child in need of protection?

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.