Rights of children and young people in care or detention
Why do your rights matter?
Every child and young person has rights that must be respected and upheld, no matter where they live. Whether you’re in out-of-home care or youth detention, your safety, wellbeing, and voice are important.
Here’s what you need to know about your rights and what to do if they’re not being respected.
What are your human rights?
Your basic rights are protected under Queensland’s Human Rights Act. This means:
- government agencies like Child Safety, the police, and the Department of Youth Justice must act and make decisions in ways that protect your human rights
- foster and kinship carers, as well as workers at residential care homes, must also respect your rights.
If you feel your rights aren’t being respected, you can make a complaint.
For more details, read the Queensland Human Rights Act: An Easy Read Guide (PDF, 1.2MB).
What are your rights in out-of-home care?
If you’re living in out-of-home care, the Charter of Rights outlines your rights:
Be safe and healthy
- live in a safe and stable place
- have your care arrangement meet your needs
- receive medical, dental, and therapeutic care
- be treated fairly and with respect
- have privacy.
Be yourself
- stay connected to your family
- maintain your cultural connections (for Aboriginal and Torres Strait Islander children)
- follow your religion and learn your language
- develop your identity, including your sexual orientation or gender identity.
Have a voice and be heard
- have a say in decisions about your life, such as where you live, your health, and schooling
- receive information to help you make decisions about your future
- have your case plan and care arrangements reviewed regularly
- decide who can access your personal information
- make a complaint to Child Safety if your rights aren’t being upheld.
Learn and earn
- go to school
- get job training and help finding work
- be supported to transition from care to independent living.
If you have questions about your rights, speak to your Child Safety officer, community visitor, or child advocate.
What if your rights aren’t being respected?
If you think your rights aren’t being respected, here’s what you can do:
- talk to your Child Safety officer about your concerns
- if that doesn’t help, contact your community visitor or ask your carer or Child Safety officer to arrange a visit from one
- if your concerns remain unresolved, you can make a complaint to the Queensland Human Rights Commission.
What are the rights of Aboriginal and Torres Strait Islander children and young people in care?
Aboriginal and Torres Strait Islander children and young people have additional rights under the Aboriginal and Torres Strait Islander Child Placement Principle. This principle ensures:
- you stay connected to your family, community, culture, and country
- decisions about your care involve your family group and community.
Your placement should prioritise, in this order:
- a member of your family group
- someone from your community or language group
- another Aboriginal or Torres Strait Islander person
- someone near your family or community who can help you stay connected.
You can also have an Independent Person help you share your views with Child Safety. This can be someone from your community, like an Aunty, Uncle, or family friend.
For more information, read Independent Person: Helping Aboriginal and Torres Strait Islander Children and Young People Have Their Say.
What are your rights in youth detention?
If you’re in youth detention, you have the right to:
- be safe and treated with respect and dignity
- stay in touch with your family
- access education or job training
- receive medical and mental healthcare
- stay connected to your culture or religion
- have a say in what happens to you.
You must not:
- be held with adults
- stay in a police watch house longer than necessary
- be separated from others without lawful reason
- be abused or unfairly punished.
What if your rights aren’t being respected in detention?
If you think your rights aren’t being respected in detention:
- you can complain verbally or in writing to the youth detention centre staff or through a community visitor
- if the issue isn’t resolved within nine weeks, you can make a complaint to the Queensland Human Rights Commission.
For more information, read the Queensland Human Rights Commission’s Human Rights in Youth Detention Guide (PDF, 1.2MB).
What happens when you go to court?
What happens when you go to court? If you are charged with a criminal offense, you will have to go to court. If you are under 18 years old, you will have to go to the Children's Court. If you are told to go to court, make sure you turn up. If you don't, you could get into more trouble. Dress neatly and if possible, wear shoes. You want to make a good impression.
There are security checks at the Children's Court. You'll be searched for any items that are dangerous or might be a weapon. Don't bring any of these items with you. You might get charged if security finds items that you're not allowed to have, like knives or marijuana. You must come to court with your parent or guardian. If they cannot come, bring a trusted adult like a youth worker or a family friend.
Security might only let you, your parent, or trusted adult into the court building. Security may stop other people from entering. It's best not to bring other friends with you unless they're your witness. If you cannot find where to go, ask security. When you arrive in the waiting area, there is usually a court support worker who can help you. This person might have a clipboard. You should check in with them and let them know if you have a lawyer.
If you don't have a lawyer, the court support worker can ask the duty lawyer to help you. If you are Aboriginal or Torres Strait Islander, the Aboriginal and Torres Strait Islander Legal Service may help you. Your lawyer is on your side and they are there to help you. You should turn up to court early to have time to talk to your lawyer. Your lawyer will explain why and how police have charged you with the offence. Your lawyer will also tell you which court can decide your case. If your offence is serious, the case may need to go to a higher court called the Children's Court of Queensland.
Your lawyer will ask some questions and will explain your options in dealing with your case. You might be asked to enter a plea. This means you say whether you are guilty or not guilty of your charges. Your lawyer will also give you advice about your options, and might be able to negotiate with the police about your charges. You get to decide how to deal with your case. You should discuss this with your lawyer so you know what plea to give in court. It's important to tell your lawyer what happened and any information about yourself.
There is often some waiting around, so bring something to do. Make sure you don't take any photos or videos in the courthouse or you could get in trouble. Your name will be called when you need to go into the courtroom. Don't leave the waiting area until you've been into the court or you've checked with your lawyer first. If you are at the watchhouse or detention center, the police will bring you to the court. The police will take you to the cells and you'll be looked after by security. Your lawyer or duty lawyer and someone from Youth Justice will see you before court. Security will take you into the courtroom when the court is ready to hear your case.
Before going into court, remember to turn off your phone. Take off your hat, sunglasses, headphones, and your hoodie. In the court, there will be a magistrate who's like a judge, a court clerk who assists the magistrate, and a prosecutor from Queensland Police Service. They will explain the police version of the event to the court, and a youth justice worker. You will sit next to your lawyer. If you come from the cells, you may sit in a secured dock. This is kind of like a glass box.
Your parent or trusted person can sit in court. Court staff, other lawyers, and some government workers may be in court. The victims and their representatives may also be in court. Journalists may be in the court. The journalists cannot name you in the media or they will be breaking the law. Other people are not allowed in the children's court.
In court, your lawyer will do a lot of the talking for you. If there's anything you don't understand, always ask your lawyer. Try to use a quiet voice. It's hard to follow the court process, especially if you've never been to court. Don't be afraid to ask. It's important you understand what is going on.
If you plead not guilty, the Magistrate will tell you the date to come back for the trial. At a trial, witnesses will come to court and give evidence. You may have to give evidence and you will be asked questions by the prosecutor. The magistrate will decide if you are guilty or not guilty. Before your trial, your lawyer will go through the witness statements and what will happen at your trial. They will ask for your version of what happened and the details of any witnesses you have.
If you plead guilty, the court may sentence you straight away, or you may need to come back on a different day so youth justice can meet you and write a report. There are special sentences for children. Many sentences are in the community, but the magistrate in the Children's Court is allowed to send children to prison. This is called a detention order.
At a sentencing, your lawyer will tell the court some more information about you. It's important that you let your lawyer know what is going on in your life. This may help you get support or a lower sentence that can keep you out of detention. Youth justice may also have a written report about you. You may want to have a letter from support people or an adult who knows good things about you. The magistrate may want to speak to you. You should be ready to answer their questions. The lawyer will help you prepare.
Remember, turn up to court. Discuss your case with your lawyer before going into court and tell your lawyer as much background information as possible – it will help. Try to stay calm in court and be ready to answer questions. Speak to your lawyer if you don't understand what is happening. Listen, take advice and think carefully before making decisions. Remember, this is your case. Give yourself the best chance.
Where can you get more information?
If you have concerns or questions about your rights, speak to your:
- Child Safety officer
- Community visitor
- Child advocate
You can also access resources like the Charter of Rights or guides from the Queensland Human Rights Commission.
Your rights matter, and we’re here to help ensure they are respected.