ABSTRACT

This chapter places our research in national, international and historical context, by drawing on the key literature on care and criminalisation. We start with an overview of the contemporary out-of-home care system, before proceeding to an examination of frontier violence and the historical context around practices of forced removal that resulted in the Stolen Generations and continuing practices of removal of Aboriginal and Torres Strait Islander children from their families and communities. The English system of juvenile justice that solidified penal welfare approaches and ‘child saving’ in Australia and separated children from the adult court system is outlined. We argue that this change had a significant impact on Aboriginal and Torres Strait Islander children and non-Indigenous state wards. Finally, we review the literature that examines the criminalisation of children in care.