Children living in out-of-home care have a higher likelihood of contact with police and are overrepresented in the criminal justice system. Evidence suggests children living in out-of-home care are being criminalised, particularly in residential care. These children are shown to be more likely to have contact with police or have a criminal record than those in other types of care1 and the general community.
Children and young people have told us they are being unnecessarily exposed to police while living in out-of-home care, particularly when living in residential care. Children, residential care services, government agencies and non-government organisations identified children are being criminalised by police being called to residential care services at times when other responses may be more appropriate. Criminalisation occurs through stigmatising children, labelling their behaviours as criminal, and adopting a criminal response to actions that would not be treated as criminal in a family home.