Definition of “in need of care or protection”

63.-(1) For the purposes of this Part a child in need of care or protection means a person under the age of sixteen years who is-

(a) a child who having no parent or guardian or a parent or guardian unfit to exercise care and guardianship, or not exercising proper care or guardianship, is either falling into bad associations, or exposed to moral danger or beyond control or is ill-treated or neglected in a manner likely to cause him unnecessary suffering or injury to health; or

(b) a child who-

(i) being a person in respect of whom any of the offences mentioned in the Schedule to this Law has been committed; or

(ii) being a member of the same household as a child in respect of whom such an offence has been committed; or

(iii) being a member of the same household as a person who has been convicted of such an offence in respect of a child; or

(iv) being a female member of a household whereof a member has been convicted of incest against another female member of that household,

requires care or protection.

(2) For the purposes of this section the fact that a child under the age of sixteen years is found destitute, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale), or is found loitering for the purpose of so begging or receiving alms, shall without prejudice to the generality of the provisions of paragraph (a) of subsection (1) be evidence that he is exposed to moral danger.

(3) It shall be the duty of the Director if he is satisfied that a person legally liable for the care and maintenance of any child or children under the age of sixteen years intends to leave Cyprus without taking such child or children with him to object to the Administrative Secretary against the grant of passport facilities until the person concerned has satisfied the Director that the child or children are not likely before they reach the age of sixteen years to become a charge on public funds or to be exposed to moral danger or neglect by reason of lack of care and maintenance.

(4) The Administrative Secretary on receipt of such objection shall, if he thinks the objection reasonable, refuse passport facilities and notify the applicant of the Director’s objections.

(5) At any time when the reasons for an objection no longer apply the Director shall advise the Administrative Secretary accordingly and will also be responsible for providing written information to the applicant that the objection is withdrawn.