§ 40 — When is child in need of care or protection

40. For the purposes of section 37(1)(e), a child is in need of care or protection if —(a)

the relevant person —(i)

is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child; or

(ii)

is unfit or unable or has neglected to exercise proper supervision and control over the child, and the child is falling into bad association, or is exposed to moral danger, or is beyond control;

(b)

the child is being or is at risk of being ill‑treated —(i)

by the relevant person; or

(ii)

by any other person, and the relevant person, although knowing of the ill‑treatment or risk, has not protected or is unlikely or unwilling to protect the child from the ill‑treatment;

(c)

the child needs to be examined, investigated or treated for the purpose of restoring or preserving the child’s health or development and the relevant person neglects or refuses to have the child so examined, investigated or treated;

(d)

the child behaves in a manner that is, or is likely to be, harmful to himself or herself or to any person and —(i)

the relevant person is unable or unwilling to take necessary measures to remedy the situation; or

(ii)

the remedial measures taken by the relevant person fail;

(e)

the child suffers or is likely to suffer from emotional harm because the child has been or is subject to emotional or psychological abuse by the relevant person;

(f)

the child (A) —(i)

is a person in respect of whom a relevant offence has been or is believed to have been committed; or

(ii)

is a member of the same household as another child (B) in respect of whom a relevant offence has been or is believed to have been committed, and A appears to be in danger of a similar offence being committed against him or her,

and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the relevant person of A, or the relevant person of A is unable, unlikely or unwilling to protect A from the offence; or

(g)

the child is found to be —(i)

destitute or wandering without any settled place of abode and without visible means of subsistence;

(ii)

begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of so begging or receiving alms;

(iii)

engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or

(iv)

using or inhaling any intoxicating substance (as defined in the Intoxicating Substances Act 1987) for the purpose of inducing or causing in himself or herself a state of intoxication.