This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand's obligations under the United Nations Convention on the Rights of the Child (UNCRC). This is particularly important for the care and protection of children needing state care as the government has the responsibility as a state body to ensure their rights are upheld, alongside their direct responsibilities as the "corporate parent". This article explores the vulnerability of this group and the ways in which their rights under UNCRC are not being met by current legislation and policy. It goes on to recommend changes to the way in which we approach legislative and policy development.