What is the test for finding a child in need of child protection?

[47] It is noteworthy as pointed out to me by counsel for the parents that, whereas the British Columbia statute addressed in the two first mentioned decisions contained a section to the effect that the safety and wellbeing of the child was the paramount consideration to be applied to the proceedings, there is no such provision in the Child Welfare Act that pertains to that portion of the proceedings prior to the finding of protection. Specifically, although section 30 of the Act refers to the disposition of the matter in accordance with the best interests of the child, there is no indication in the Act as a whole that such a consideration is to be considered as an overriding factor upon the question whether the child is in need of protection. It should be noted as well that the Gordon v. Gordon decision was, as has been mentioned, a custody case and in which of course the only issue was the best interests of the child.