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CHILD CAREAND PROTECTION

(b) fails, without good cause, to refer the report in

accordance with subsection (l)(a).

(5) A person to whom a report is referred for

investigation undes subsection (l)(a), other than the Children's

Advocate, commits an offence if that person fails to carry out

the investigation.

8.-(1)

For the purposes of this Act a child shall be

Circum-

stances

in

considered to be in need of care and protection if that child-

which

a

child

is

in

(a) having no parent or guardian, or having a parent or

need ofcare

guardian unfit to exercise care and guardianship, or not

i:ftection,

exercising proper care and guardianship, is falling into

bad associations, exposed to moral danger, or beyond

control;

(b) is being cared for in circumstances in which the child's

physical or mental health or emotional state is being

seriously impaired or there is a substantial risk that it

will be seriously impaired;

(c) is a child in respect of whom any offence mentioned in

the Second Schedule has been committed or attempted second

Schedule.

to be committed;

(d)

is a member of the same household as a child in respect

of whom such an offence has been committed; or

( e )

is a member of the same household as a person who

has been convicted of such an offence in respect of a

child.

(2)

For the purposes of subsection (I), the fact that a

child is found-

(a) destitute;

(b) wandering without any settled place of abode and

without visible means of subsistence;

(c) begging or receiving alms or loitering for that purpose,

shall, without prejudice to the generality of the provisions of

subsection

1

(a), be evidence that the child is exposed to moral

danger.

[The inclusion of this

page

is

authorized

by

L.N.

111/2005]