161BProhibited actions

161B Prohibited actions The following actions are prohibited in relation to a child placed in accordance with this Act in an out of home care service, including a secure welfare service, or in the care of an out of home carer— (a) the use of physical force unless it is reasonable and— (i) is necessary to prevent the child from harming himself or herself or anyone else or from damaging property; or (ii) is necessary for the security of the out of home care service, secure welfare service or place where the child is cared for; or (iii) is otherwise authorised by or under this or any other Act or at common law; (b) the administering of corporal punishment, that is, any action which inflicts, or is intended to inflict, physical pain or discomfort on the child as a punishment; (c) the use of any form of psychological pressure intended to intimidate or humiliate the child; (d) the use of any form of physical or emotional abuse. Chapter 4—Children in need of protection Part 4.1—Children in need of protection 162 When is a child in need of protection? (1) For the purposes of this Act a child is in need of protection if any of the following grounds exist— (a) the child has been abandoned by his or her parents and after reasonable inquiries— (i) the parents cannot be found; and (ii) no other suitable person can be found who is willing and able to care for the child; (b) the child's parents are dead or incapacitated and there is no other suitable person willing and able to care for the child; (c) the child has suffered, or is likely to suffer, significant harm as a result of physical injury and the child's parents have not protected, or are unlikely to protect, the child from harm of that type; (d) the child has suffered, or is likely to suffer, significant harm as a result of sexual abuse and the child's parents have not protected, or are unlikely to protect, the child from harm of that type; (e) the child has suffered, or is likely to suffer, emotional or psychological harm of such a kind that the child's emotional or intellectual development is, or is likely to be, significantly damaged and the child's parents have not protected, or are unlikely to protect, the child from harm of that type; (f) the child's physical development or health has been, or is likely to be, significantly harmed and the child's parents have not provided, arranged or allowed the provision of, or are unlikely to provide, arrange or allow the provision of, basic care or effective medical, surgical or other remedial care. S. 162(2) amended by No. 48/2006 s. 12. (2) For the purposes of subsections (1)(c) to (1)(f), the harm may be constituted by a single act, omission or circumstance or accumulate through a series of acts, omissions or circumstances. S. 162(3) inserted by No. 52/2013 s. 6. (3) For the purposes of subsection (1)(c), (d), (e) and (f)— (a) the Court may find that a future state of affairs is likely even if the Court is not satisfied that the future state of affairs is more likely than not to happen; (b) the Court may find that a future state of affairs is unlikely even if the Court is not satisfied that the future state of affairs is more unlikely than not to happen.