A Cairns mother accused of killing eight children remains under police guard in hospital.

Lawyers for Mersane Warria appeared in court today.

There was a request for the case to be heard in the mental health court - but that's been denied.

However, a mental health assessment will take place while she's in hospital.

Lawyer Steve Macfarlane spoke outside court.

"Police have to finish their investigations, they've got to do their paperwork, and she's presently at the Cairns Base Hospital getting treatment, so until she gets her treatment and they finish their investigation, there's not a great deal that can be done."