Modern Australian
Men's Weekly

.

We shouldn’t lock up young offenders with fetal alcohol spectrum disorder. Here are the alternatives

  • Written by Elizabeth Jane Elliott, Professor of Paediatrics and Child Health, University of Sydney
We shouldn’t lock up young offenders with fetal alcohol spectrum disorder. Here are the alternatives

Barely a month goes by without news of children and adolescents who are imprisoned and being mistreated in youth detention.

A new parliamentary inquiry is shining a light on this mistreatment. It’s investigating if youth detention facilities are complying with children’s human rights conventions, and the need for minimum standards of care.

This inquiry is an opportunity to consider alternatives to youth detention that support and rehabilitate children and adolescents who break the law. This is especially needed for those with disabilities relating to brain function (neurodisability), such as fetal alcohol spectrum disorder (FASD).

FASD is a neurodevelopmental disability. It is caused by exposure to alcohol before birth, which injures the brain. We don’t have prevalence data in the general Australian population but we know it affects children from all demographics.

Here’s what we know about the incarceration of children and adolescents with FASD – and what we could do instead.

Imprisoning children from age 10

Children as young as ten years may be incarcerated in Australia.

But prison is not a solution to youth crime. Imprisonment without care can cause harm and entrench disadvantage.

Young people’s brains experience a period of rapid development between ten and 14 and aren’t able to make complex moral decisions.

Children and adolescents with FASD may have cognitive impairment affecting their ability to think, learn, make decisions and remember, or intellectual disability. Their mental age may therefore be significantly lower than their chronological age.

FASD makes it harder to understand

FASD affects children and adolescents’ motivation before committing a crime and their capacity to comprehend the consequences.

Due to their brain injury, children and adolescents with FASD are often impulsive, easily misled and can’t distinguish right from wrong. They may not learn from past experiences.

When they’re in the justice system, they may be suggestible. Poor memory may make it difficult for them to provide reliable witness statements. Due to poor language and communication skills, they may misunderstand court orders, leading to non-compliance.

Rates of FASD are high among young people in the youth justice system. An estimated one in three detainees in Australia has FASD. But many adolescents in contact with the justice system have un-diagnosed FASD and complex needs.

Internationally, young people with FASD are 19 times more likely to be jailed than people without FASD.

Diverting adolescents from prisons

The Productivity Commission’s 2024 report on government services found diversion programs reduced youth re-offending.

It also found diversion programs were significantly cheaper than incarceration. In 2022–2023, the average cost for each adolescent under community-based supervision was A$305 per day, compared to $2,827 per day for adolescents in custody.

In a 2024 report, National Children’s Commissioner Anne Hollonds recommended expanding evidence-based youth justice diversion programs:

Tragically, by not addressing their human rights early on, and instead taking a punitive approach to their offending, we are essentially criminalising some of the most vulnerable children in Australia.

So what do these programs look like?

Many countries have moved from a justice system to a welfare system, which is especially appropriate for adolescents with disabilities like FASD.

Ireland ended the imprisonment of children aged under 18 years in 2017. Children under 18 can now be sent to children detention campuses, which have games rooms and bedrooms instead of cells.

Scotland closed its youth prisons in 2024.

Spain has long used an in-patient approach. Adolescents live in a therapeutic environment with compassionate contact with professionally trained staff.

Youth worker supports young person
Other countries are replacing child prisons with theraptutic environments and compassionate staff. Shutterstock/SeventyFour

Successful Australian initiatives offer a foundation for a new model of youth justice.

The Yiriman Project, for example, is run by Elders near Fitzroy Crossing in Western Australia, where rates of FASD are high. The project takes Aboriginal young people at risk of offending onto remote country to engage in culturally based activities, such as assisting Indigenous rangers to care for country. A three-year review of the Yiriman project found positive outcomes for Aboriginal youth with FASD.

Research shows it’s crucial that Aboriginal and Torres Strait Islander people are involved in the design of any programs that affect their communities.

Early detection to prevent re-offending

Early identification of FASD allows children to receive appropriate intervention and support to enhance their social and emotional wellbeing. This may prevent them from re-offending and improve their life trajectory.

FASD assessments are available nationally. Support services for young people with FASD aim to improve their health and wellbeing, address secondary disability, and reduce exposure to risks such as substance use.

For young people who have offended, intensive community-based support programs improve young people’s access to education, life skills and heath-care access. Therapeutic and diversionary activities can also strengthen family relationships, which are crucial to successful community reintegration.

What needs to happen next?

Governments need to invest in evidence-based diversion programs for children and adolescents who commit serious crimes.

These programs provide rehabilitation and support and are effective, compassionate and cost-efficient.

Governments also need to urgently up-skill justice professionals to improve their recognition and assessment of adolescents with FASD and other neurodevelopmental problems.

Early identification and understanding of young people with challenges such as FASD and cognitive impairment will enhance the young person’s health and mental health outcomes, prevent youth crime and benefit society.

Authors: Elizabeth Jane Elliott, Professor of Paediatrics and Child Health, University of Sydney

Read more https://theconversation.com/we-shouldnt-lock-up-young-offenders-with-fetal-alcohol-spectrum-disorder-here-are-the-alternatives-239318

Why Automatic Gates Melbourne are A Smarter Property Access

Security and convenience have become defining features of modern properties, and automatic gates Melbourne are increasingly seen as a practical sol...

The Importance Of Structured Commercial Office Cleaning In Busy Office Environments

Office spaces are dynamic environments where people collaborate, meet clients, and spend a significant portion of their day. Maintaining cleanliness...

Single Tooth Dental Implant for Natural Tooth Replacement and Lasting Stability

Losing a single tooth can have a noticeable impact on comfort, appearance, and confidence, which is why a Single Tooth Dental Implant is considered...

When Grief Doesn’t Follow a Timeline

Grief rarely moves in a straight line. It doesn’t follow stages neatly, and it doesn’t respond well to pressure — especially the quiet pressure ...

Steel Plate And Its Role In Modern Construction And Manufacturing

A steel plate is one of those materials that quietly holds the modern world together. It does not demand attention, yet it supports bridges, buildin...

Understanding Fat Transfer to the Breast: What to Know Before Considering the Procedure

Surgical options for breast enhancement have evolved over time, offering different approaches depending on a person’s goals and body type. One opt...

What to Do When Your Car’s Side Window Is Broken

A shattered side window is more than an inconvenience. Whether caused by a break-in, road debris, or accidental impact, it leaves your vehicle exposed...

Shopify Web Development and Shopify Website Development for Scalable Online Stores

Choosing the right platform is a crucial decision for any online business, and Shopify web development has become a popular choice for brands that ...

How a Burleigh Heads Plumber Tests for Pipe Leaks

Pipe leaks can be deceptively difficult to spot. Some announce themselves with a steady drip under the sink, but many develop quietly behind walls, ...

What Local Businesses Should Expect from IT Services in Melbourne?

If you run a Melbourne business with roughly 7–100 staff, you have probably noticed something over the last couple of years. The IT problems got m...

How Professional Cleaning Improves Indoor Air Quality

Indoor air quality (IAQ) plays a crucial role in our health, comfort, and overall wellbeing. Australians spend nearly 90% of their time indoors-at hom...

Solar and Solar Battery Systems: Powering Smarter Homes in Victoria

As energy prices continue to rise and sustainability becomes a priority for Australian homeowners, more families are investing in Solar and Solar Ba...

Plumbing Emergency Melbourne: What to Do When Every Minute Counts

A sudden plumbing issue can quickly turn into a major disaster if not handled promptly. From burst pipes and overflowing toilets to leaking gas line...

Why Older Melbourne Homes Require Detailed Building & Pest Inspections

Older homes make up a large part of Melbourne’s housing stock. Victorian terraces, Edwardian houses, Californian bungalows, and post-war brick hom...

7 Essential Tips for Choosing Reliable Moving Services in Perth

Moving to a new home or office can be exciting, but it also comes with stress, planning, and plenty of decisions. One of the most important choices yo...

How to Find the Best Real Estate Agent Near You on the Central Coast

Choosing the right real estate agent can make a major difference to your final sale price, days on market, and overall experience. The Central Coast...

Unlock Durability And Beauty With Burnt Timber Cladding Solutions

Imagine a home or commercial space that not only stands the test of time but also tells a story through its very facade. In the world of architectur...

Offroad Caravans: Built for Adventure Beyond the Beaten Track

Australia’s vast and varied landscapes invite travellers to explore far beyond sealed roads and crowded parks. Offroad caravans are purpose-built ...