What is the test for determining whether a child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act?

Ontario, Canada


The following excerpt is from The Children’s Aid Society of Ottawa v. L.A., 2022 ONSC 387 (CanLII):

Section 74(2)(b), (f) and (h) CYFSA state as follows: A child is in need of protection where: (b) there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s, (i) failure to adequately care for, provide for, supervise or protect the child, or (ii) pattern of neglect in caring for, providing for, supervising or protecting the child; (f) the child has suffered emotional harm, demonstrated by serious i. Anxiety ii. Depression iii. Withdrawal iv. Self-destructive or aggressive behaviour, or v. Delayed development, And there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child; or (h) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;

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