(1) The Court may make a care and protection order in relation to a child if it is satisfied that the child is in need of care and protection.
(2) The Court shall not make a care and protection order under subsection (1) unless the Court is satisfied that —
(a) a parent is not available to care for the child as a result of death or incapacity of the parent or for another reason;
(b) the parents acknowledge that they have difficulties in caring for the child;
(c) the child has been, or is likely to be abused;
(d) subject to subsection (3), the basic physical, psychological, emotional or educational needs of the child are not being met, or are not likely to be met by his or her parents;
(e) the child is suffering or is likely to suffer developmental impairment or psychological harm, as a consequence of the domestic environment in which the child is living;
(f) the child has exhibited sexually abusive behaviour and an order of the Court is necessary to ensure his or her access to, or attendance at an appropriate therapeutic service;
(g) the child is subject to a care and protection order issued by another jurisdiction that is not being enforced; or
(h) a care plan has been considered.
(3) The Court shall not conclude that the basic physical, psychological, emotional or educational needs of a child are not likely to be met solely on the grounds of the disability of a parent or on the grounds of poverty.