The overlooked crisis of FASD hiding in youth justice and out-of-home care
Sep 2024
Written by Dan Howell
In Australia, children and young people with Fetal Alcohol Spectrum Disorder (FASD) in out-of-home care are at critically greater risk of getting involved with the youth justice system. The issues at this intersection are highly complex due to the individual challenges of living with FASD, the impact of unstable care environments and how the system responds to the behaviours of young people with FASD.
A recently released report by the Australian Human Rights Commission highlights a study where 89% of young people in a WA youth detention centre had at least one severe neurodevelopmental impairment and 36% had FASD. The report also notes the ongoing reality of the high proportion of young people who are involved in both youth justice and child protection systems.
Understanding FASD in out-of-home care and youth justice
FASD is a neurodevelopmental condition caused by exposure to alcohol in the womb. Young people with FASD might struggle with attention, memory, language, emotional regulation, executive function, motor skills and understanding social cues. Out-of-home care often exacerbates these challenges, especially when carers and residential care workers are not adequately prepared and resourced to provide effective support.
Unfortunately, behaviours symptomatic of FASD are often seen as deliberate disobedience, in some cases resulting in school suspensions or even police involvement. Out-of-home care is meant to provide a safe and stable environment for children who can’t live with family. However, for young people with FASD, the transient nature of placements can further disrupt their development, resulting in more severe misunderstanding of their behaviours, leading to more placement changes, creating a vicious circle of failed care.
Over time, involvement in out-of-home care and youth justice can create a pattern of criminalisation that spirals into a cycle of reoffending and deeper involvement with both systems.
Like all of us, young people with FASD need to be safe, loved and to feel they belong. However, living with FASD puts these young people at greater risk of negative peer influences, impulsive behaviours and difficulty predicting and understanding the consequences of their behaviour. People with FASD have also been found to have a higher rate of false confessions for things they have not done.
Early intervention and targeted support
Breaking the cycle of FASD recriminalisation means providing early diagnosis, support and intervention . Early diagnosis is key, as it allows for tailored strategies to address specific needs. The limitations and the strengths of each child or young person with FASD must be comprehensively assessed and understood to determine the best interventions,such as specialised behavioural interventions, educational adjustments and consistent trauma-informed care from well-trained carers.
FASD training for carers and caseworkers can make a big difference in how these young people are supported. It’s worth noting that the Certificate IV in Youth Justice, the recommended minimum qualification for youth justice workers in Australia, does not currently contain any explicit reference to working with neurodevelopmental conditions like FASD. To address this gap, the Australian Childhood Foundation and Centre of Excellence in Therapeutic Care have included FASD training in the accredited training courses they offer to frontline workers, but far more is urgently needed for national systemic change.
The challenges of national systemic change
Out-of-home care providers and the youth justice system are rarely equipped to recognise or respond to FASD appropriately. Young people with FASD are frequently misunderstood, misdiagnosed, or not diagnosed at all, which only exacerbates challenges for everyone involved.
Despite the clear need for specialised support, out-of-home care and youth justice systems are failing children and young people with FASD.
To address these systemic shortcomings, we need to make a concerted effort to integrate FASD awareness and training into all levels of child protection and youth justice systems. This includes regular screening for FASD among children entering these systems and ensuring that care plans are tailored to meet their specific needs.
The 9th of September every year marks International FASD Awareness Day, providing us an opportunity to bring up discussions of FASD awareness in the workplace and with carers. Do your colleagues know that most young people with FASD have no observably affected facial features? Increased community awareness can help us combat the stigma of FASD and pave the way to more effective tailored care for our most vulnerable children and young people.
You can find more information and resources on the NOFASD website: https://www.nofasd.org.au/community/international-fasd-awareness-day/
