What is the test for a finding that a child is in need of protection under section 49 of the Child Protection Act?
British Columbia, Canada
The following excerpt is from Director v. S.J. and L.J., 2015 BCPC 122 (CanLII):
Director v. M.K. is a case where the Director sought a finding that three children were in need of protection and then an order for continuing custody order under section 49 of the Act. The court found the children to be in need of protection based on the interaction between section 2 and 13 of the Act as explained by Lambert J.A. in B.S. v. Director (see paragraph 63) and based on the Director satisfying the assertion of a risk of a future event being shown on the balance of probabilities (see paragraph 64). Position of the Director
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