Children With FASD Are Being Punished in Australian Youth Detention
Children with Foetal Alcohol Spectrum Disorder are being subjected to harmful punishment in a system that fails to recognise their disability.
Solitary confinement is frequently used in Australian youth detention centres as a punitive tool for bad behaviour, overriding the objective of rehabilitative measures and having immeasurable impacts on child development. The injustice of these measures is even further compounded for children with intellectual disabilities or behavioural disorders who are being punished for behaviour that is far beyond their control. Foetal Alcohol Spectrum Disorder is a particularly prevalent disorder in the youth justice system, one that is severely under-diagnosed and misunderstood. While awareness of this condition is slowly growing, there is a persistent misconception that all offenders in juvenile detention are just ‘bad kids’, ignoring the overwhelming presence of these conditions in Australian youth prisons.
What is FASD?
Foetal Alcohol Spectrum Disorder (FASD) is a neurodevelopmental disorder which is caused by prenatal exposure to alcohol consumption, and which has lifelong impacts on a person’s health and wellbeing. Often described as a ‘hidden disability’, individuals with FASD often experience cognitive, behavioural and learning challenges which are frequently misdiagnosed or attributed to other conditions such as ADHD, autism or other behavioural disorders.
Children with FASD may display a range of symptoms, including short attention span or hyperactivity, poor communication and memory, issues with behavioural and emotional regulation, impaired judgment and impulsive behaviour, poor social skills, sensory issues, and also educational difficulties.
Children displaying FASD symptoms are frequently mischaracterised as exhibiting simply poor behaviour or even the result of bad parenting. We know that this is not the case. FASD is a legitimate condition, caused by factors completely outside the control of the individual experiencing it.
Children with FASD in the justice system
The intersection between FASD and the justice system is clear; children with FASD are far more likely to come into contact with the justice system than children without this condition, with international research suggesting that FASD rates are 30.3 times more prevalent among young offenders than the general population. A study conducted on the WA Banksia Hill Juvenile Detention Centre found that out of the 99 children aged 13-17 who were given a complete FASD assessment, over one third (36%) were diagnosed with the condition, and 89% had at least one domain of severe neurodevelopmental impairment. Shockingly, out of the 36 adolescents diagnosed with FASD following this assessment, only 2 had previously been diagnosed. Many of the others had never been assessed.
The high rates of children with FASD in youth detention is not because these children are innately ‘bad’ or ‘trouble’. As they develop, young people with FASD often have cognitive skills well below their chronological age. Difficulties in differentiating between right and wrong, combined with impulsivity, can result in children with FASD being easily manipulated or getting into trouble at a young age. They may also not understand the processes of the justice system, such as what it means to testify, running away from the police and resisting arrest, or being persuaded to admit to crimes they didn’t commit.
FASD and Solitary Confinement
While in detention, frequently hostile and scary environments, children with FASD often react to their incarceration impulsively, which can manifest as rule breaking or bad behaviour. As a result, children with FASD are often disproportionately subjected to punitive measures, including solitary confinement.
In 2023, a 13-year-old Indigenous girl with FASD and other intellectual disabilities, recognised as having the intellectual capacity of a five-year-old, was repeatedly locked in an isolation cell inside a Queensland watch house. Police records state that she became extremely agitated and dysregulated and even began to self-harm as a result of being placed in isolation. Another young girl with FASD was also placed in isolation, allowed only cold showers, and even refused meals as punishment for aggressive behaviour that she could not even remember engaging in.
The difficulties of children with FASD in emotional and behavioural self-regulation are being further exacerbated by harmful measures such as solitary confinement. Further, a Queensland judge acknowledged that such measures may only increase the risk of further offending due to the non-rehabilitative effects of confinement, particularly for children with FASD.
Through no fault of their own, young people with FASD are being unfairly criminalised by the current youth justice system. While in detention, an already traumatising experience is compounded by a lack of understanding of the condition as well as inadequate rehabilitative and mental health services.
Australian youth prisons must ensure that children are not punished for behaviour outside their control, and commit to accommodating the needs of children with FASD in a way that facilitates their mental wellbeing and holistic rehabilitation.