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Oranga Tamariki Act 1989

Care and protection of children and young persons - Definition of child or young person in need of care or protection

14: Definition of child or young person in need of care or protection

You could also call this:

"When you need help to stay safe from harm because your parents or caregivers can't look after you properly."

Illustration for Oranga Tamariki Act 1989

You are considered a child or young person in need of care or protection if you are suffering, or are likely to suffer, serious harm. This can happen in situations described in section 14AA(1) or section 14AA(2). You are also in need of care or protection if your parents or guardians are unable to care for you.

You may need care or protection if you are a child of a parent to whom section 18A applies and your parent has not shown they can meet certain requirements. If you are behaving in a way that is harmful to yourself or others, and your parents or caregivers cannot control this behaviour, you may need care or protection.

If you are between 10 and 14 years old and have committed offences that cause serious concern for your well-being, you may also be considered in need of care or protection. When deciding if you need care or protection, section 14AA must be considered to understand the circumstances in which you may be suffering serious harm.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM149457.

Topics:
Family and relationships > Children and parentingCrime and justice > Victim support
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13: Principles, or

"Guiding rules to keep you safe and support your well-being"

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14AA: Circumstances in which child or young person is suffering, or is likely to suffer, serious harm, or

"When a child is being hurt or neglected in a serious way, physically, emotionally, or sexually."

Part 2Care and protection of children and young persons
Definition of child or young person in need of care or protection

14Definition of child or young person in need of care or protection

  1. A child or young person is in need of care or protection if—

  2. the child or young person is suffering, or is likely to suffer, serious harm—
    1. in the circumstances described in section 14AA(1); or
      1. having regard to the circumstances described in section 14AA(2); or
      2. the parents or guardians or the persons who have the care of the child or young person are unable to care for the child or young person; or
        1. the child is a subsequent child of a parent to whom section 18A applies and the parent has not demonstrated to the satisfaction of the chief executive (under section 18A) or the court (under section 18A(4)(a) or 18C) that the parent meets the requirements of section 18A(3); or
          1. the child or young person has behaved, or is behaving, in a manner that—
            1. is or is likely to be harmful to the physical or mental or emotional well-being of the child or young person or to others; and
              1. the child’s or young person’s parents, or the persons having the care of the child or young person, are unable or unwilling to control; or
              2. in the case of a child of or over the age of 10 years and under the age of 14 years, the child has committed an offence or offences of sufficient number, nature, or magnitude to cause serious concern for the well-being of the child.

                1. Subsection (1)(a) must be applied in conjunction with section 14AA (which describes the circumstances in which a child or young person is suffering, or is likely to suffer, serious harm).

                Compare
                • 1977 No 126 s 7(1)
                Notes
                • Section 14: replaced, on , by section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).