Those children involved with the Department of Community Services in New South Wales have a history of childhood abuse, neglect, domestic violence and seriously dysfunctional family dynamics. This has resulted in the children developing inappropriate strategies to cope with their adverse environment by physically acting out, in such ways as destroying properties, stealing, lying, ®re-setting and chronic running away, and/or internalizing con¯icts by self-mutilating behaviours. The critical ages are the pre-puberty and adolescent children, who engage in a pattern of running away and are at high risk of further exploitation by others. In New South Wales, the Children (Care & Protection) Act 1987 is the primary legislation which sets out the role of the state in the care and protection of children and young persons. However, this Act makes no provision for the physical containment of severely emotionally disturbed children to enable their access to the services they need. This paper attempts to identify the special needs of these children, who do not ®t any diagnostic category, and proposes legislative changes to physically contain them in a therapeutic residential centre in order for them to access special protection and care services which would create the opportunity for long-lasting positive life experiences. *