Harm

Harm

The court should consider the factors set out below to determine the level of harm that has been caused or was intended to be caused to the victim.  Psychological, developmental or emotional harm
A finding that the psychological, developmental or emotional harm is serious may be based on a clinical diagnosis but the court may make such a finding based on other evidence from or on behalf of the victim that serious psychological, developmental or emotional harm exists. It is important to be clear that the absence of such a finding does not imply that the psychological, developmental or emotional harm suffered by the victim is minor or trivial.

Category 1

  • Serious psychological, developmental, and/or emotional harm
  • Serious physical harm (including illnesses contracted due to neglect)

Category 2

  • Cases falling between categories 1 and 3
  • A high likelihood of category 1 harm being caused

Category 3

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