Section 17 — AKTA KANAK-KANAK 2001

(a)

the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or a relative;

(b)

the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse;

(c)

the parent or guardian of the child—

(i)

is unfit, or has neglected, or is unable, to exercise;

or

(ii)

has acted negligently in exercising, proper supervision and control over the child;

(d)

the parent or guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter;

(e)

the child—

(i)

has no parent or guardian; or

(ii)

has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found;

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(f)

the child needs to be examined, investigated or treated—

(i)

for the purpose of restoring or preserving his health; and

(ii)

his parent or guardian neglects or refuses to have him so examined, investigated or treated;

(g)

the child behaves in a manner that is, or is likely to be, harmful to himself or to any other person and his parent or guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the parent or guardian fail;

(h)

(Deleted by Act A1511);

(i)

the child is a person in respect of whom any of the offences specified in the First Schedule or any offence of the nature described in sections 31, 32 and 33 has been or is suspected to have been committed and his parent or guardian—

(i)

is the person who committed such offence or is suspected to have committed such offence; or

(ii)

has not protected or is unlikely to protect him from such offence;

(j)

the child is—

(i)

a member of the same household as the child referred to in paragraph (i); or

(ii)

a member of the same household as the person who has been convicted of the offence referred to in paragraph (i), and appears to be in danger of the commission upon or in respect of him of a similar offence and his parent or guardian—

(aa) is the person who committed or is suspected to have committed the offence;

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(bb) is the person who is convicted of such offence;

or

(cc)

is unable or unwilling to protect him from such offence;

(k)

the child is allowed to be on any street, premises or place for the purposes of—

(i)

begging or receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale;

(ii)

carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child; or

(iii)

carrying out any other illegal activities.

(2)

For the purposes of this Part, a child is—

(a)

physically injured if there is substantial and observable injury to any part of the child’s body as a result of the non-accidental application of force or an agent to the child’s body that is evidenced by, amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscus, a burn, a scald, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth;

(b)

emotionally injured if there is substantial and observable impairment of the child’s mental or emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development;

(c)

sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of—

(i)

any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance; or

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(ii)

sexual exploitation by any person for that person’s or another person’s sexual gratification.