We should not lock up teenage criminals with fetal alcohol spectrum disorders. Here are the alternatives

Not a month goes by without news about children and teenage people in jails and prisons mistreatment of young people in a detention center.

Modern parliamentary inquiry sheds lightweight on this abuse. It examines whether juvenile detention centers comply with human rights conventions relating to children and whether they meet minimum standards of care.

This inquiry is an opportunity to consider alternatives to juvenile detention that support and rehabilitate children and teenage people who break the law. This is especially necessary for people with disabilities related to brain function (neurodisability), e.g fetal alcohol spectrum disorder (FASD).

FASD is a neurodevelopmental disability. It is caused by exposure to alcohol before birth, which damages the brain. We don’t have data on the prevalence of this disease in the general Australian population, but we do know about it affects children from all demographic groups.

Here’s what we know about incarcerating children and teenage people with FASD – and what we can do instead.

Imprisonment of children from the age of 10

Children up to ten years venerable can be held in prison Australia.

But prison is not the solution to youth crime. Unattended confinement can be damaging and empowering disadvantage.

Adolescent people’s brains experience a period of rapid development between the ages of 10 and 14 and are unable to make convoluted moral decisions.

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

FASD makes it tough to understand

FASD affects the motivation of children and adolescents before committing a crime and their ability to understand the consequences.

Due to brain damage, children and adolescents with FASD they are often impulsive, easily misled and unable to distinguish between good and evil. They may not learn from past experiences.

When they work in the justice system, they can be suggested. Indigent memory may make it tough for them to provide reliable witness testimony. Due to impoverished language and communication skills, they may misunderstand court orders, which may lead to non-compliance.

The incidence of FASD is high among teenage people in… youth justice system. It is estimated that one in three prisoners in Australia suffers from FASD. But many teenagers who come into contact with the justice system do undiagnosed FASD and complex needs.

Internationallythere are teenage people with FASD 19 times are more likely to be imprisoned than people without FASD.

Diverting youth from prison

The Productivity Commission 2024 a report on government services found that diversion programs reduce youth re-offending.

Diversion programs have also been found to be significantly cheaper than imprisonment. In 2022-23, the average cost for each teenager on community supervision was A$305 per day compared with A$2,827 per day for teenagers in custody.

In Report 2024National Children’s Commissioner Anne Hollonds has recommended expanding evidence-based youth justice diversion programs:

Tragically, by failing to address the rights of these children early on and instead taking a punitive approach to their offences, we are essentially criminalizing some of the most vulnerable children in Australia.

So what do these programs look like?

Many countries have moved from a criminal justice system to a social welfare system that is particularly suited to adolescents with disabilities such as FASD.

Ireland in 2017 it abolished imprisonment for children under 18 years of age. Children under 18 can now be sent to children’s correctional centers that have game rooms and bedrooms instead of cells.

Scotland closed its youth prisons in 2024.

Spain has long been using the so-called hospital approach. Youth live in a therapeutic environment surrounded by compassionate contact with professionally trained staff.

Successful Australian initiatives are underpinning a modern youth justice model.

The Yiriman projectfor example, it is run by Elders near Fitzroy Crossing in Western Australia, where the incidence of FASD is high. The project brings Aboriginal teenage people at risk of crime to remote country to engage in culturally based activities, such as helping indigenous rangers look after the country. A three-year review of the Yiriman project showed positive results for Aboriginal youth with FASD.

Research shows that it is extremely vital for Aboriginal and Torres Strait Islander people are involved in design any programs that impact their communities.

Early detection to prevent re-offending

Early identification of FASD enables children to receive appropriate intervention and support to improve their social and emotional well-being. This can prevent them from re-offending and improve their life trajectory.

FASD ratings are available in the country. Support services for teenage people with FASD aim to improve their health and well-being, address secondary disabilities and reduce exposure to risks such as substance apply.

For teenage people who have offended, intensive social activities support programs improve teenage people’s access to education, life skills and access to healthcare. Therapeutic and diversion activities can also strengthen family relationships, which are crucial to successful community reintegration.

What needs to happen next?

Governments must invest in evidence-based diversion programs children and adolescents who commit solemn crimes.

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

Governments also need to urgently upskill justice workers to improve the recognition and assessment of teenage people with FASD and other neurodevelopmental conditions.

Early identification and understanding of teenage people with challenges such as FASD and cognitive impairment will improve teenage people’s health and mental health, prevent youth crime and benefit society.