Published: 2007
Key Benefits:
Child Welfare Act
(Act No. 164 of December 12, 1947)
Chapter I General Provisions
Article 1 (1) All citizens shall endeavor to ensure that children are born and
brought up in good mental and physical health.
(2) All children shall equally be afforded the guaranteed level of life and be
kindly treated.
Article 2 The national and local governments shall be responsible for bringing
up children in good mental and physical health, along with their guardians.
Article 3 The provisions of the preceding two Articles constitute the basic
philosophy to guarantee children's welfare and this philosophy shall be
consistently respected in enforcing all laws and regulations on children.
Section 1 Definitions
Article 4 (1) The term "child" as used in this Act shall mean a person under 18
years of age, and children shall be classified into the following categories:
(i) Infant: Person under 1 year of age;
(ii) Toddler: Person of 1 year of age or more before the time of commencement
of elementary school; and
(iii) Juvenile: Person under 18 years of age after the time of commencement of
elementary school.
(2) The term "disabled child" as used in this Act shall mean a child with physical
disabilities or a child with mental retardation.
Article 5 The term "expectant and nursing mother" as used in this Act shall
mean a female who is in pregnancy or within 1 year from childbirth.
Article 6 The term "guardian" as used in this Act shall mean a person who has
actual custody of a child, that is, a person who has parental authority, a
guardian of a minor, or any other person.
Article 6-2 (1) The term "children's self-reliant living assistance services" as
used in this Act shall mean services to provide daily life assistance and daily
life guidance and employment supports prescribed in Article 27 paragraph (7)
1
to a person pertaining to a measure set forth in the same paragraph at his/her
residence prescribed in the same paragraph and to provide consultation and
other assistance to a person for whom a measure set forth in the same
paragraph has been cancelled.
(2) The term "services for sound upbringing of after-school children" as used in
this Act shall mean services to pursue sound upbringing of elementary-school
children around or under 10 years of age whose guardians are absent from
home during daytime hours due to work, etc., by utilizing children's
recreational facility or other facilities after finishing lessons and giving
adequate opportunities for playing and living to those children in accordance
with the standards specified by a Cabinet Order.
(3) The term "short-term child care support services" as used in this Act shall
mean services to be provided to a child for whom it becomes temporarily
difficult to receive child care at his/her home due to his/her guardian's illness
or other reason, by moving him/her into a foster home or any other facilities
specified by an Ordinance of the Ministry of Health, Labour and Welfare and
affording the necessary aid for him/her pursuant to the provisions of Ordinance
of the Ministry of Health, Labour and Welfare.
Article 6-3 The term "foster parent" as used in this Act shall mean a person, as
found appropriate by the prefectural governor, who desires to take care a child
without guardian or a child for whom the custody of his/her guardian is found
inappropriate (hereinafter referred to as a "Aid-requiring Child").
Article 7 (1) The term "child welfare institution" as used in this Act shall mean
any of midwifery home, infant home, maternal and child living support facility,
nursery center, children's recreational facility, foster home, institution for
mentally retarded children, daycare institution for mentally retarded children,
institution for blind or deaf children, institution for orthopedically impaired
children, institution for severely-retarded children, short-term therapeutic
institution for emotionally disturbed children, children's self-reliance support
facility, and child and family support center.
(2) The term "institutional support for disabled children" as used in this Act shall
mean institutional support for mentally retarded children, institutional
daycare support for mentally retarded children, institutional support for blind
or deaf children, institutional support for orthopedically impaired children, and
institutional support for severely-retarded children.
(3) The term "institutional support for mentally retarded children" as used in
this Act shall mean aid or therapy, and the provision of knowledge and skills
given to children with mental retardation staying in an institution for mentally
retarded children.
2
(4) The term "institutional daycare support for mentally retarded children" as
used in this Act shall mean the aid for a child with mental retardation
attending a daycare institution for mentally retarded children and the
provision of knowledge and skills to him/her.
(5) The term "institutional support for blind or deaf children" as used in this Act
shall mean aid given to a blind child (including severely amblyopic children) or
a deaf child (including severely cloth-eared children) staying in an institution
for blind or deaf children, and guidance or assistance to him/her.
(6) The term "institutional support for orthopedically impaired children" as used
in this Act shall mean therapy given to a child with upper-limb, lower-limb or
trunk dysfunction (hereinafter referred to as "Limb/Trunk Dysfunction") in an
institution for orthopedically impaired children or in a medical institution
established by any of the national highly-specialized medical centers or the
National Hospital Organization designated by the Minister of Health, Labour
and Welfare (hereinafter referred to as a "Designated Medical Institution") and
the provision of knowledge and skills to him/her.
(7) The term "institutional support for severely-retarded children" as used in this
Act shall mean the aid for a child staying in an institution for severely-
retarded child or admitted into a Designated Medical Institution who has both
severe mental retardation and severe Limb/Trunk Dysfunction, and the
therapy and daily life guidance given to him/her.
Section 2 Child Welfare Council, etc.
Article 8 (1) A prefectural government shall set up a council related to child
welfare or other body with council system in order to study and deliberate the
matters under the prefecture's jurisdiction pursuant to the provisions of
paragraph (7) of this Article, Article 27 paragraph (6), Article 46 paragraph (4)
and Article 59 paragraph (5); provided, however, that this shall not apply to a
prefectural government which requires the local social welfare council provided
in Article 7 paragraph (1) of the Social Welfare Act (Act No. 45 of 1951)
(hereinafter referred to as "Local Social Welfare Council") to study and
deliberate the matters related to child welfare pursuant to the provision of
Article 12 paragraph (1) of the same Act.
(2) The council or other body with council system prescribed in the preceding
paragraph (hereinafter referred to as "Prefectural Child Welfare Council") may
study and deliberate the matters related to welfare of children, expectant and
nursing mothers and mentally retarded persons, in addition to what is
prescribed in the same paragraph.
(3) A municipality (including special wards; the same shall apply hereinafter)
may set up a council related to child welfare or other body with council system
3
in order to study and deliberate the matters set forth in the preceding
paragraph.
(4) A Prefectural Child Welfare Council shall be placed under the jurisdiction of
the prefectural governor, and the council or other body with council system
prescribed in the preceding paragraph (hereinafter referred to as "Municipal
Child Welfare Council") shall be placed under the jurisdiction of the mayor of
municipality (including mayors of special wards; the same shall apply
hereinafter). These councils and bodies may provide consultation for the
respective governors and mayors, or state their opinions to relevant
administrative organs.
(5) A Prefectural Child Welfare Council or a Municipal Child Welfare Council
(hereinafter referred to as "Child Welfare Council") may, when it finds
particularly necessary, request relevant administrative organs to make their
personnel attend a meeting of the council for explanations and submit
materials.
(6) A social security council and the Child Welfare Councils shall constantly
carry out close liaisons such as mutual provision of materials where needed.
(7) In order to pursue welfare of children and mentally retarded persons, a social
security council and a Prefectural Child Welfare Council (or a Local Social
Welfare Council, in the case of a prefecture provided in the proviso of
paragraph (1); hereinafter the same shall apply in Article 27 paragraph (6),
Article 46 paragraph (4) and Article 59 paragraphs (5) and (6)) may recommend
performing arts, publications, playthings, playgames, etc., or give necessary
recommendations to the persons, etc., who manufacture, perform or sell them.
Article 9 (1) A Child Welfare Council shall be composed of 20 members or less.
(2) A Child Welfare Council may include a temporary member when it is
necessary to study and deliberate special matters.
(3) Members and temporary members of a Child Welfare Council shall be selected
from persons engaged in business related to welfare of children or mentally
retarded persons and from persons with relevant knowledge and experience,
and appointed by the prefectural governor or mayor of municipality.
(4) A Child Welfare Council shall have a chairperson and vice-chairperson chosen
by its members.
Section 3 Implementing Body
Article 10 (1) With regard to the enforcement of this Act, a municipal
government shall perform the following services:
(i) Endeavor to make necessary understanding of actual conditions concerning
welfare of children and expectant and nursing mothers;
4
(ii) Provide necessary information concerning welfare of children and expectant
and nursing mothers; and
(iii) Provide consultation to families and others and carry out necessary
investigations and guidance with regard to welfare of children and expectant
and nursing mothers, and provide services incidental thereto.
(2) A mayor of municipality shall seek technical assistance and advice from the
child guidance center with regard to the services listed in item (iii) of the
preceding paragraph that require specialized knowledge and skills.
(3) When the performance of the services listed in paragraph (1) item (iii)
requires medical, psychological, pedagogical, sociological or mental health
judgment, the mayor of municipality shall seek judgment by the child guidance
center.
(4) A municipal government shall endeavor to develop the systems necessary to
carry out the affairs pursuant to this Act appropriately and take necessary
measures to secure human resources for personnel engaged in said affairs and
enhance their qualifications.
Article 11 (1) With regard to the enforcement of this Act, the prefectural
government shall perform the following services:
(i) Carry out liaison and coordination among the municipal governments,
provide information and other necessary assistance to the municipal
governments with regard to the implementation of the municipal
governments' services listed in the items of paragraph (1) of the preceding
Article, and perform the services incidental thereto; and
(ii) Perform the following services with regard to welfare of children and
expectant and nursing mothers among others.
(a) Endeavor to understand actual conditions from a transregional
standpoint, regardless of the districts of the respective municipalities;
(b) Provide families and others with consultation concerning children whose
care requires specialized knowledge and skills;
(c) Carry out necessary investigation and make a medical, psychological,
pedagogical, sociological or mental health judgment in relation to a child
and his/her family;
(d) Provide necessary guidance to the child and his/her guardian based on
the investigation or judgment set forth in (c); and
(e) Take temporary custody of a child.
(2) When it finds it necessary in order to ensure proper implementation of the
services listed in the items of paragraph (1) of the preceding Articles, the
prefectural governor may provide necessary advice to the municipal
government.
(3) A prefectural governor may delegate the prefectural government's affairs
5
pursuant to the provisions of paragraph (1) or the preceding paragraph, in
whole or in part, to any administrative agency under the prefectural governor's
jurisdiction.
Article 12 (1) A prefectural government shall establish a child guidance center.
(2) A child guidance center shall perform the services concerning welfare of
children, among others, listed in paragraph (1) item (i) of the preceding Article
and listed in item (ii) (b) through (e) of the same paragraph and the services
prescribed in Article 22 paragraphs (2) and (3) and Article 26 paragraph (1) of
the Act on Support for Self-reliant Living of Persons with Disabilities (Act No.
123 of 2005).
(3) A child guidance center may, where needed, perform the services prescribed
in the preceding paragraph by visiting (excluding the services listed in
paragraph (1) item (ii) (e) of the preceding Article).
(4) A child guidance center's director may commission necessary investigations
from the head of the office relevant to welfare provided in the Social Welfare
Act that is located in the jurisdictional district of the child guidance center
(hereinafter referred to as "Welfare Office"; the head of a Welfare Office being
hereinafter referred to as "Welfare Office Director").
Article 12-2 (1) A child guidance center shall staff a director and employees.
(2) The director of a child guidance center shall control its affairs under the
supervision of the prefectural governor.
(3) Employees of a child guidance center shall conduct the affairs provided in the
preceding Article under the supervision of its director.
(4) In addition to what is provided in paragraph (1), a child guidance center may
staff other necessary employees.
Article 12-3 (1) The director and employees of a child guidance center shall be
officials positioned as subsidiary organs for the prefectural governor.
(2) The director of a child guidance center shall be a person who falls under any
of the following items:
(i) A physician having knowledge and experience concerning mental health;
(ii) A person completing a department specialized in psychology or other
equivalent course in a university pursuant to the School Education Act (Act
No. 26 of 1947) or in a university pursuant to the old ordinance for
universities (Imperial Ordinance No. 388 of 1918);
(iii) A certified social worker;
(iv) A person who has been working, or used to work, as an employee in charge
of affairs relevant to welfare of children (hereinafter referred to as "Child
Welfare Officer") for 2 years or more, or a person who has been working, or
6
used to work, as an employee of the child guidance center for 2 years or more
after obtaining the qualification of Child Welfare Officer; or
(v) A person who is found to have the ability equivalent or superior to the
persons listed in the preceding items as specified by an Ordinance of the
Ministry of Health, Labour and Welfare.
(3) The director of a child guidance center shall receive training conforming to
the standards specified by the Minister of Health, Labor and Welfare.
(4) Employees of a child guidance center who are in charge of judgments shall
include one or more persons who fall under paragraph (2) item (i) or have
equivalent qualification, and one or more persons who fall under item (ii) of the
same paragraph or who have equivalent qualification.
(5) An employee of a child guidance center who is in charge of consultation and
investigation shall be a person who has the qualification of Child Welfare
Officer.
Article 12-4 A child guidance center shall have facilities of taking temporary
custody of children where needed.
Article 12-5 In addition to what is provided for in this Act, necessary matters
concerning the child guidance centers including the jurisdictional districts of
child guidance centers shall be prescribed by an Order.
Article 12-6 (1) With regard to the enforcement of this Act, a public health
center shall perform the following services among others:
(i) Endeavor to disseminate accurate knowledge on child health;
(ii) Provide health consultation or conduct health checkups for children and
provide health guidance to them where needed;
(iii) Provide guidance for medical treatment and education for children with
physical disabilities and children in need of long-term medical treatment due
to illness; and
(iv) Give necessary advice on improvement in nutrition and other matters
concerning health to child welfare institutions.
(2) With regard to children, their guardians or expectant and nursing mothers to
whom a child guidance center provides consultation, the child guidance center's
director may seek health guidance or other necessary cooperation from the
public health center.
Section 4 Child Welfare Officer
Article 13 (1) A prefectural government shall staff Child Welfare Officers in the
child guidance center it establishes.
7
(2) A Child Welfare Officer shall be an official positioned as a subsidiary organ
for the prefectural governor and shall be appointed from among the persons
who fall under any of the following items:
(i) A person graduating from a school or other facility for training of Child
Welfare Officers or employees of child welfare institutions as designated by
the Minister of Health, Labor and Welfare, or completing the course of a
training session designated by the Minister of Health, Labor and Welfare;
(ii) A person completing a department specialized in psychology, pedagogy or
sociology or other equivalent course in a university pursuant to the School
Education Act or in a university pursuant to the old ordinance for
universities, who has been working, or used to work, for 1 year or more, in
providing consultation and affording advice, guidance and other assistance
for welfare of children or others in an institution specified by an Ordinance
of the Ministry of Health, Labour and Welfare;
(iii) A physician;
(iii)-2 A certified social worker;
(iv) A person who has been working, or used to work, as a social welfare
secretary for child welfare services for 2 years or more; or
(v) A person who is found to have the ability equivalent or superior to the
persons listed in the preceding items and who is as specified by an Ordinance
of the Ministry of Health, Labour and Welfare.
(3) A Child Welfare Officer shall, by an order of the child guidance center's
director, endeavor to promote welfare of children by such means as providing
consultation and necessary guidance based on his/her specialized skills with
regard to the aid for children and other matters concerning welfare of children.
(4) A Child Welfare Officer shall, pursuant to the provisions of a Cabinet Order,
perform his/her duties set forth in the preceding paragraph in accordance with
the area of responsibility specified by the child guidance center's director and
may seek cooperation from the mayor of municipality having jurisdiction over
the area of his/her responsibility.
Article 14 (1) With regard to the matters provided in paragraph (3) of the
preceding Article, a mayor of municipality may request a Child Welfare Officer
to make necessary notification of the conditions and provision of the materials
and to give necessary assistance.
(2) With regard to the children in the area of his/her responsibility, a Child
Welfare Officer shall give notice of the conditions of necessary matters and
state his/her opinions to the child guidance center's director or the mayor of
municipality having jurisdiction over the area of his/her responsibility.
Article 15 In addition to what is provided for in this Act, appointment and
8
assignment of Child Welfare Officers and other necessary matters concerning
Child Welfare Officers shall be prescribed by an Order.
Section 5 Commissioned Child Welfare Volunteer
Article 16 (1) A municipal government shall staff commissioned child welfare
volunteers in its distinct.
(2) A commissioned welfare volunteer pursuant to the Commissioned Welfare
Volunteers Law (Act No. 198 of 1948) shall be deemed to be appointed
concurrently as a commissioned child welfare volunteer.
(3) The Minister of Health, Labor and Welfare shall designate chief
commissioned child welfare volunteers among from commissioned child welfare
volunteers.
(4) The designation by the Minister of Health, Labor and Welfare pursuant to the
provision of the preceding paragraph shall be made through the nomination
pursuant to the provision of Article 5 of the Commissioned Welfare Volunteers
Law.
Article 17 (1) A commissioned child welfare volunteer shall perform the duties
listed in the following items:
(i) Understand adequately the conditions of life of children and expectant and
nursing mothers and their living environments;
(ii) Provide necessary information and afford other assistance and guidance to
enable children and expectant and nursing mothers to utilize services
adequately with regard to their aid, healthcare and other matters concerning
welfare;
(iii) Coordinate closely with persons who operate services intended for social
welfare pertaining to children and expectant and nursing mothers or the
persons who conduct activities for healthy upbringing of children, and
support their services or activities;
(iv) Cooperate in the duties performed by Child Welfare Officers or social
welfare secretaries of the Welfare Offices;
(v) Endeavor to encourage a spirit conducive to the healthy upbringing of
children; and
(vi) In addition to what is listed in the preceding items, conduct other activities
to pursue the promotion of welfare of children and expectant and nursing
mothers, where needed.
(2) With regard to the duties of commissioned child welfare volunteers listed in
the items of the preceding paragraph, a chief commissioned child welfare
volunteer shall carry out liaison and coordination with organs relevant to the
welfare of children and commissioned child welfare volunteers (excluding those
9
who are chief commissioned child welfare volunteers; the same shall apply
hereinafter in this paragraph) and provide assistance and cooperation for
activities of commissioned child welfare volunteers.
(3) The provision of the preceding paragraph shall not preclude a chief
commissioned child welfare volunteer from performing the duties of
commissioned child welfare volunteers listed in the items of paragraph (1).
(4) A commissioned child welfare volunteer shall be directed and supervised by
the prefectural governor in the course of duties.
Article 18 (1) With regard to the matters provided in paragraph (1) or (2) of the
preceding Article, a mayor of municipality may request a Child Welfare Officer
to make necessary notification of the conditions and provision of the materials
and may give necessary instructions to him/her.
(2) With regard to the children and expectant and nursing mothers in the area of
his/her responsibility, a commissioned child welfare volunteer shall give notice
of the conditions of necessary matters and state his/her opinions to the child
guidance center's director or the mayor of municipality having jurisdiction over
the area of his/her responsibility.
(3) When a commissioned child welfare volunteer intends to give notice set forth
in the preceding paragraph to the child guidance center's director except in the
case where he/she finds an urgent necessity, such notice shall be given through
the mayor of municipality.
(4) A child guidance center's director may commission necessary investigations to
a commissioned child welfare volunteer in the jurisdictional district of the child
guidance center.
Article 18-2 A prefectural governor shall prepare and implement programs for
the training of commissioned child welfare volunteers in accordance with the
standards specified by the Minister of Health, Labor and Welfare.
Article 18-3 In addition to what is provided for in this Act, necessary matters
concerning commissioned child welfare volunteers shall be prescribed by an
Order.
Section 6 Nursery Teacher
Article 18-4 The term "nursery teacher" as used in this Act shall mean a person
who is registered as prescribed in Article 18-18 paragraph (1) and works for
daycare of children and guidance concerning daycare to their guardians, in the
name of nursery teacher and through using his/her specialized knowledge and
skills.
10
Article 18-5 A person who falls under any of the following items may not become
a nursery teacher:
(i) An adult ward or a person under curatorship;
(ii) A person sentenced to imprisonment or severer punishment and awaiting a
lapse of 2 years from the day on which its execution will be completed or
cease to be enforceable;
(iii) A person punished by a fine pursuant to such provisions of this Act or of
any other act related to child welfare as specified by a Cabinet Order and
awaiting a lapse of 2 years from the day on which its execution will be
completed or cease to be enforceable; or
(iv) A person awaiting a lapse of 2 years from the date of rescission of his/her
registration pursuant to the provision of Article 18-19 paragraph (1) item (ii)
or paragraph (2) of the same Article.
Article 18-6 A person who falls under any of the following items shall be
qualified as a nursery teacher:
(i) A person graduating from a school for training of nursery teachers or other
facility as designated by the Minister of Health, Labor and Welfare
(hereinafter referred to as "Designated Nursery Teacher Training Facility");
or
(ii) A person passing a nursery teacher examination.
Article 18-7 (1) The Minister of Health, Labor and Welfare may, when he/she
finds it necessary in order to ensure adequate implementation of training of
nursery teachers, within the limit necessary therefor, request the head of a
Designated Nursery Teacher Training Facility to report on its education
methods, accommodation facilities or other matters or provide guidance to the
head of the facility, or make said ministry's official inspect books and
documents and other objects.
(2) When the inspection is conducted pursuant to the provision of the preceding
paragraph, said official shall carry his/her certification for identification and
produce it upon request by any relevant person.
(3) The authority pursuant to the provision of paragraph (1) shall not be
construed as being permitted for criminal investigation.
Article 18-8 (1) A nursery teacher examination shall be conducted to check the
knowledge and skills necessary for a nursery teacher in accordance with the
standards specified by the Minister of Health, Labor and Welfare.
(2) Nursery teacher examinations shall be held by the prefectural governor once
a year or more frequently.
11
(3) A prefectural government shall staff nursery teacher examination
commissioners (referred to as an "Examination Commissioner" in the following
paragraph) to conduct the affairs concerning judgment as to whether an
examinee has the knowledge and skills necessary for a nursery teacher;
provided, however, that this shall not apply to the case where the prefectural
government makes a person designated pursuant to the provision of paragraph
(1) of the following Article conduct said affairs.
(4) An Examination Commissioner or an ex-Examination Commissioner shall not
divulge any secret coming to his/her knowledge with regard to the affairs
prescribed in the preceding paragraph.
Article 18-9 (1) A prefectural governor may, pursuant to the provisions of an
Ordinance of the Ministry of Health, Labour and Welfare, make a general
incorporated association or general incorporated foundation designated by said
prefectural governor that is found to be capable of implementing the
examination affairs properly and reliably (hereinafter referred to as
"Designated Examining Body") conduct the whole or part of the affairs
concerning implementation of nursery teacher examinations (hereinafter
referred to as "Examination Affairs").
(2) When the prefectural governor causes the Examination Affairs, in whole or in
part, to be conducted by a Designated Examining Body pursuant to the
provision of the preceding paragraph, the prefectural governor shall not
conduct whole or part of such Examination Affairs.
(3) In the case where the fees pertaining to nursery teacher examinations are
collected pursuant to Article 227 of the Local Autonomy Act (Act No. 67 of
1947), the prefectural government may, pursuant to the provisions of a
Prefectural Ordinance, require that a person who desires to take a nursery
teacher examination held by a Designated Examining Body pursuant to the
provision of paragraph (1) to pay the whole or part of said fees to the said
Designated Examining Body and account for the fees so collected as the
prefecture's income.
Article 18-10 (1) Appointment and dismissal of an officer of a Designated
Examining Body shall not become effective without the prefectural governor's
approval.
(2) When an officer of a Designated Examining Body commits an act in violation
of this Act (including orders or dispositions pursuant to this Act) or the rules
on Examination Affairs provided in Article 18-13 paragraph (1) or an extremely
inappropriate act with regard to the Examination Affairs, the prefectural
governor may order said Designated Examining Body to dismiss the said officer.
12
Article 18-11 (1) In the case of conducting its Examination Affairs, a Designated
Examining Body shall make a nursery teacher Examination Commissioner or
(hereinafter referred to as an "Examination Commissioner" in the following
paragraph and paragraph (1) of the following Article) take charge of the affairs
concerning judgment as to whether an examinee has the knowledge and skills
necessary for a nursery teacher.
(2) The provision of paragraph (1) of the preceding Article shall apply mutatis
mutandis to the appointment and dismissal of an Examination Commissioner,
and the provision of paragraph (2) of the same Article shall apply mutatis
mutandis to the dismissal of an Examination Commissioner.
Article 18-12 (1) An officer or employee of a Designated Examining Body
(including Examination Commissioners; the same shall apply in the following
paragraph) or a person who used to be such an officer or employee shall not
divulge any secret coming to his/her knowledge with regard to the Examination
Affairs.
(2) With regard to application of the Penal Code (Act No. 45 of 1907) and other
penal provisions, an officer or employee of a Designated Examining Body
engaged in the Examination Affairs shall be deemed to be an official engaged
in the public services pursuant to laws and regulations.
Article 18-13 (1) A Designated Examining Body shall prescribe the rules
concerning implementation of its Examination Affairs (hereinafter referred to
as "Rules on Examination Affairs") before commencement of its Examination
Affairs and obtain approval from the prefectural governor. The same shall
apply when the Rules on Examination Affairs are to be changed.
(2) When a prefectural governor finds that the Rules on Examination Affairs
approved pursuant to the provision of the preceding paragraph become
inappropriate in terms of proper and reliable implementation of the
Examination Affairs, the prefectural governor may order the Designated
Examining Body to change this Rules.
Article 18-14 A Designated Examining Body shall prepare its service plan and
income and expenditure budget for each business year and obtain approval
from the prefectural governor before the start of said business year (or without
delay after designation, in the case where the date of its designation as a
Designated Examining Body falls on the said business year). The same shall
apply when a service plan or an income and expenditure budget is to be
changed.
Article 18-15 When a prefectural governor finds it necessary in order to ensure
13
proper and reliable implementation of the Examination Affairs, the prefectural
governor may give orders necessary for the supervision of the Examination
Affairs to the Designated Examining Body.
Article 18-16 (1) When a prefectural governor finds it necessary in order to
ensure proper and reliable implementation of the Examination Affairs, the
prefectural governor may, within the limit necessary therefor, request the
Designated Examining Body to make a report, or cause the said prefecture's
official to ask relevant persons questions or enter any office of the Designated
Examining Body and inspect books and documents and other objects.
(2) When any question or entry and inspection is made pursuant to the provision
of the preceding paragraph, said official shall carry his/her certification for
identification and produce it upon request by any relevant person.
(3) The authority pursuant to the provision of paragraph (1) shall not be
construed as being permitted for criminal investigation.
Article 18-17 A person who has an objection to any disposition pertaining to the
Examination Affairs imposed by a Designated Examining Body or its inaction
may request investigation by the prefectural governor pursuant to the
Administrative Appeal Act (Act No. 160 of 1962).
Article 18-18 (1) In order for a person who is qualified as a nursery teacher to
become a nursery teacher, his/her name, date of birth and other matters
specified by an Ordinance of the Ministry of Health, Labour and Welfare shall
be registered in the nursery teachers registry.
(2) The nursery teachers registry shall be kept by the prefectural government.
(3) When an applicant is registered as a nursery teacher, the prefectural
governor shall issue a nursery teacher registration certificate stating the
matters provided in paragraph (1) to the applicant.
Article 18-19 (1) In the case where a nursery teacher falls under any of the
following items, the prefectural governor shall rescind his/her registration:
(i) When he/she becomes a person falling under any of the items of Article 18-5
(excluding item (iv)); or
(ii) When he/she is registered as a nursery teacher based on false or wrongful
facts.
(2) When a nursery teacher violates the provisions of Article 18-21 or 18-22, the
prefectural governor may rescind his/her registration or order him/her to
suspend the use of the name of nursery teacher for a period of time to be
specified.
14
Article 18-20 When the registration of a nursery teacher ceases to be effective,
the prefectural governor shall delete such registration.
Article 18-21 A nursery teacher shall not commit any act that may damage the
credibility of nursery teachers.
Article 18-22 A nursery teacher shall not divulge any secret of any person
coming to his/her knowledge with regard to his/her duties without justifiable
ground. The same shall apply even after he/she ceases to be a nursery teacher.
Article 18-23 A person who is not a nursery teacher shall not use the name of
nursery teacher or any other confusing name.
Article 18-24 In addition to what is provided for in this Act, other necessary
matters concerning nursery teachers such as Designated Nursery Teacher
Training Facility, nursery teacher examinations, Designated Examining Body
and registration of nursery teachers shall be prescribed by a Cabinet Order.
Chapter II Guarantee of Welfare
Section 1 Guidance, etc. on Medical Treatment and Education
Article 19 (1) A public health center's director shall carry out medical
examinations or provide consultation for children with physical disabilities,
and shall guide medical treatment and education necessary for them.
(2) A public health center's director may carry out medical examinations or
provide consultation for children in need of long-term medical treatment due to
illness, and may guide medical treatment and education necessary for them.
(3) When a public health center's director finds that a child to whom a physically
disabled certificate is issued pursuant to the provision of Article 15 paragraph
(4) of the Physically Disabled Welfare Act (Act No. 283 of 1949) (or the
guardian of a child to whom a physically disabled certificate is issued as
aforesaid, if he/she is a child with physical disabilities under 15 years of age;
the same shall apply hereinafter) falls under any of the reasons listed in
Article 16 paragraph (2) item (i) or (ii) the same Act, the public health center's
director shall notify the prefectural governor to that effect.
Article 20 (1) The prefectural government may hospitalize a child suffering from
bone and joint tuberculosis or other tuberculosis and provide medical
treatment and education benefits to him/her, in order to afford learning
assistance together with medical treatment.
(2) Medical treatment and education benefits shall mean the provision of medical
15
care and goods necessary for learning and for life with medical treatment.
(3) The medical care set forth in the preceding paragraph shall mean the
performance listed in the following items:
(i) Clinical examination;
(ii) Provision of medical agents or therapeutic materials;
(iii) Medical attention, operative treatment and other therapy, and medical
practice;
(iv) Admission into a hospital or clinic, and caring and other nursing incidental
to the medical treatment there; and
(v) Transport.
(4) Medical treatment and education benefits pertaining to the medical care set
forth in paragraph (2) shall be entrusted to, and provided by, a hospital
designated by the Minister of Health, Labor and Welfare or the prefectural
governor pursuant to the provision of the following paragraph (hereinafter
referred to as a "Designated Treatment and Education Institution").
(5) The Minister of Health, Labor and Welfare shall designate the institutions in
charge of the medical care set forth in paragraph (2), to be selected from the
hospitals set up by the national government, with the competent minister's
consent, and a prefectural governor shall designate such institutions, to be
selected from other hospitals, with the consent of those who have set up the
same.
(6) The designation set forth in the preceding paragraph shall be made toward
hospitals conforming to the standards specified by a Cabinet Order.
(7) A Designated Treatment and Education Institution may decline the
designation by giving not less than 30 days advance notice.
(8) When a Designated Treatment and Education Institution ceases to conform to
the standards specified by a Cabinet Order pursuant to paragraph (6), violates
the provision of the following Article, or is found to be extremely inappropriate
as an institution in charge of the medical care set forth in paragraph (2) due to
any other reason, the Minister of Health, Labor and Welfare may rescind its
designation if it has been designated by the Minister of Health, Labor and
Welfare, and the prefectural governor may rescind its designation if it has been
designated by the prefectural governor.
Article 21 A Designated Treatment and Education Institution shall take charge
of the medical care set forth in paragraph (2) of the preceding Article pursuant
to the provisions specified by the Minister of Health, Labor and Welfare.
Article 21-2 (1) The medical service policy and medical fees of a Designated
Treatment and Education Institution shall be governed by the same rules as
the medical service policy and medical fees for health insurance.
16
(2) When the medical service policy and medical fees prescribed in the preceding
paragraph cannot be followed or they are not appropriate to be followed, the
medical service policy and medical fees shall be as prescribed by the Minister
of Health, Labor and Welfare.
Article 21-3 (1) A prefectural governor may from time to time review the medical
service details of a Designated Treatment and Education Institution and the
medical fees requested by it and decide the amounts of the medical fees that
can be requested by a Designated Treatment and Education Institution
pursuant to the provision of the preceding Article.
(2) A Designated Treatment and Education Institution shall comply with
decisions made by the prefectural governor set forth in the preceding
paragraph.
(3) When a prefectural governor decides the amounts of medical fees that can be
requested by a Designated Treatment and Education Institution pursuant to
the provision of paragraph (1), the prefectural governor shall hear opinions
from the review committee prescribed in the Act on Social Insurance Medical
Fee Payment Fund (Act No. 129 of 1948), the national health insurance
medical fees review committee prescribed in the National Health Insurance Act
(Act No. 192 of 1958), and other reviewing bodies concerning medical care as
specified by a Cabinet Order.
(4) A prefectural government may entrust the Social Insurance Medical Fee
Payment Fund, a federation of national health insurance or any other person
specified by Ordinance of the Ministry of Health, Labour and Welfare to
conduct the affairs concerning payments of medical fees to Designated
Treatment and Education Institutions.
(5) With regard to a decision of the amounts of medical fees pursuant to the
provision of paragraph (1), no appeal pursuant to the Administrative Appeal
Act may be entered.
Article 21-4 (1) When a prefectural governor (or the Minister of Health, Labor
and Welfare or the prefectural governor, in the case of a Designated Treatment
and Education Institution designated by the Minister of Health, Labor and
Welfare; the same shall apply in the following paragraph) finds it necessary in
order to investigate whether medical fees are correctly claimed by a Designated
Treatment and Education Institution, the prefectural governor may request the
manager of the Designated Treatment and Education Institution to make a
necessary report, or may make said official carry out on-site inspection on
medical records, books and documents, and other objects of the Designated
Treatment and Education Institution with the consent of its manager.
(2) When the manager of a Designated Treatment and Education Institution,
17
without justifiable ground, fails to respond to the request for reporting set
forth in the preceding paragraph or makes a false report, or refuses the consent
set forth in the same paragraph, the prefectural governor may instruct
temporary halt of, or halt of, the payments of medical fees by the prefectural
government to said Designated Treatment and Education Institution.
(3) When the Minister of Health, Labor and Welfare finds an urgent necessity to
protect interests of a child with regard to the affairs placed under the authority
of a prefectural governor prescribed in the preceding paragraph (limited to
those pertaining to the Designated Treatment and Education Institutions
designated by the prefectural governor), the Minister of Health, Labor and
Welfare may instruct the prefectural governor to conduct the affairs set forth
in the same paragraph.
Article 21-5 For the purpose of pursuing sound upbringing of children or persons
under 20 years of age other than children (limited to those who are specified by
a Cabinet Order) in need of long-term medical treatment due to any chronic
illness specified by the Minister of Health, Labor and Welfare whose condition
of said illness corresponds to the level specified by the Minister of Health,
Labor and Welfare for each such illness, the prefectural government may
provide medical care benefits that will contribute to studies concerning the
therapeutic methods for said illness or other necessary studies or other
services specified by a Cabinet Order.
Section 2 Support for Residential Life
Subsection 1 Measures for Disabled Person Welfare Services
Article 21-6 When a municipal government finds it extremely difficult for the
guardian of a disabled child in need of the disabled person welfare services
prescribed in Article 5 paragraph (1) of the Act on Self-reliance Support for
Persons with Disabilities (hereinafter referred to as "Disabled Person Welfare
Service") to receive nursing care benefits or exceptional nursing care benefits
prescribed in the same Act (referred to as "Nursing Care Benefits, etc." in
Article 56-6 paragraph (1)) due to any unavoidable reason, the municipal
government may, in accordance with the standards specified by a Cabinet
Order, provide Disabled Person Welfare Services to said disabled child or
entrust the provision of Disabled Person Welfare Service to a person other than
said municipal government.
Article 21-7 When a person engaged in the Disabled Person Welfare Services
provided in Article 5 paragraph (1) of the Act on Self-reliance Support for
Persons with Disabilities is requested to accept entrustment pursuant to the
18
provision of the preceding Article, he/she shall not refuse it without justifiable
ground.
Subsection 2 Child Care Support Services
Article 21-8 In order that welfare services pertaining to the child care support
services provided in the following Article and other carefully-crafted welfare
services in line with the condition of each region can be positively provided and
that each guardian can comprehensively receive the most adequate support for
fostering his/her children in line with the mental and physical condition,
environment and other conditions of said children and guardians, a municipal
government shall endeavor to facilitate liaison and coordination for activities
of the persons providing or participating in welfare services, and develop other
systems in line with the condition of each region.
Article 21-9 For the purpose of contributing to the sound upbringing of children,
a municipal government shall endeavor to implement necessary measures in
order that after-school child sound upbringing services and short-term child
care support services, and the following services as specified by an ordinance of
the competent ministry (hereinafter referred to as "Child Care Support
Services") can be carried out steadily in its district:
(i) Support services provided at a child and his/her guardian's residence or any
other person's residence for the guardian to take care of the child;
(ii) Support services provided in a nursery center or other facilities for a
guardian to take care of a child; and
(iii) Services to provide consultation to guardians of the child and provide
necessary information and advice with regard to all problems concerning
taking care of children in each region.
Article 21-10 For the purpose of contributing to the sound upbringing of children,
a municipal government shall perform after-school child sound upbringing
services in line with the condition of each region and shall endeavor to promote
the utilization of after-school child sound upbringing services for the children
provided in paragraph (2) of Article 6-2 by such means as carrying out
coordination with persons engaged in after-school child sound upbringing
services other than said municipal government.
Article 21-11 (1) A municipal government shall provide necessary information
concerning Child Care Support Services and, upon request from a guardian,
provide consultation and necessary advice to enable said guardian to utilize
the most adequate Child Care Support Services, by taking into consideration
19
said guardian's wishes, the state of foster care of his/her child the content of
the support necessary for said child and other circumstances.
(2) Upon request from the guardian receiving advice set forth in the preceding
paragraph, the municipal government shall, where necessary, make
arrangements or carry out coordination for the utilization of Child Care
Support Services and make a request for such utilization by said guardian to a
person engaged in the Child Care Support Services.
(3) A municipal government may entrust the affairs concerning the provision of
information and consultation and advice set forth in paragraph (1), and the
arrangement, coordination and requests set forth in the preceding paragraph
to a person other than said municipal government.
(4) A person engaged in Child Care Support Services shall cooperate in the
arrangement, coordination and requests made pursuant to the provisions of the
preceding two paragraphs as far as possible.
Article 21-12 A person who is, or used to be, engaged in the affairs concerning
the provision of information, the consultation and advice, and the arrangement,
coordination and requests pursuant to the provision of paragraph (3) of the
preceding Article (referred to as "Coordination and Other Affairs" in the
following Article and Article 21-14 paragraph (1)) shall not divulge any secret
coming to his/her knowledge with regard to such affairs.
Article 21-13 When a mayor of municipality finds it necessary in order to ensure
adequate implementation of Coordination and Other Affairs conducted
pursuant to the provision of Article 21-11 paragraph (3), he/she may give
orders necessary for the supervision of said affairs to the persons accepting the
entrusted affairs.
Article 21-14 (1) When a mayor of municipality finds it necessary in order to
ensure adequate implementation of Coordination and Other Affairs conducted
pursuant to the provision of Article 21-11 paragraph (3), he/she may, within
the limit necessary therefor, request a person accepting the entrusted affairs to
make a report, or make said municipality's official ask relevant persons
questions or enter any office of the person accepting said entrusted affairs and
inspect the books and documents and other objects.
(2) The provisions of Article 18-16 paragraphs (2) and (3) shall apply mutatis
mutandis to the case referred to in the preceding paragraph.
Article 21-15 A person engaged in Child Care Support Services, other than the
national government, prefectural governments and municipal governments,
may notify the mayor of municipality of the matters concerning his/her services,
20
pursuant to the provisions of Ordinance of the Ministry of Health, Labour and
Welfare.
Article 21-16 The national and local governments shall endeavor to provide
information and give consultation and other appropriate assistance to persons
engaged in Child Care Support Services.
Article 21-17 The national government and prefectures shall endeavor to
encourage such studies as will assist measures for improvement of the quality
of welfare services performed by persons engaged in Child Care Support
Services, and other researches and studies necessary to support to take care of
children by their guardians and promote welfare of children.
Section 3 Admission into Midwifery Home, Maternal and Child Living
Support Facility and Nursery Center
Article 22 (1) In the case where an expectant and nursing mother in the area of
responsibility of the Welfare Office established by a prefectural government, a
city and a town or village with a Welfare Office (hereinafter referred to as
"Prefecture, etc.") is unable to receive in-hospital midwifery care due to
economic reasons, regardless of the necessity in terms of healthcare, the
prefecture, etc. shall, when the expectant and nursing mother applies, provide
midwifery care to her in a midwifery home; provided, however, that this shall
not apply when there is any unavoidable reason such as non-existence of an
adjacent midwifery home.
(2) A person who is an expectant and nursing mother prescribed in the preceding
paragraph and desires to receive midwifery care in a midwifery home
(hereinafter referred to as "Midwifery Care Practice") shall submit to the
prefecture, etc. a written application stating a midwifery home in which she
desires to stay and other matters specified by an Ordinance of the Ministry of
Health, Labour and Welfare, pursuant to the provisions of Ordinance of the
Ministry of Health, Labour and Welfare. In this case, the midwifery home may
submit said written application in lieu of said expectant and nursing mother,
upon her request, pursuant to the provisions of Ordinance of the Ministry of
Health, Labour and Welfare.
(3) When any of the prefectures, etc. finds it necessary for an expectant and
nursing mother for whom a report or notice pursuant to the provision of Article
25-7 paragraph (2) item (iii) of, Article 25-8 item (iii) or Article 26 paragraph
(1) item (iv) has been received, the prefecture, etc. shall recommend said
expectant and nursing mother to apply for Midwifery Care Practice.
(4) In order to contribute to selection of a midwifery home by an expectant and
21
nursing mother prescribed in paragraph (1) and ensuring of adequate operation
of midwifery homes, the Prefecture, etc. shall provide information concerning
the establishers of midwifery homes in the area of responsibility of the Welfare
Office established by said Prefecture, etc., their facilities and their state of
operation, and other matters specified by an Ordinance of the Ministry of
Health, Labour and Welfare, pursuant to the provisions of Ordinance of the
Ministry of Health, Labour and Welfare.
Article 23 (1) In the case where a guardian in the area of responsibility of the
Welfare Office established by any of the Prefectures, etc. is a female without
spouse or a female in equivalent circumstances and there is lack in welfare of
the child whose custody must be taken by her, the Prefecture, etc., shall, when
said guardian applies, take into protective custody the guardian and the child
in a maternal and child living support facility; provided, however, that, when
there is any unavoidable reason, the arrangement for admission into another
appropriate facility, the application of the Public Assistance Act (Act No. 144 of
1950) or any other adequate aid shall be implemented.
(2) A person who is a guardian prescribed in the preceding paragraph and desires
to receive aid in a maternal and child living support facility (hereinafter
referred to as "Maternal and Child Aid Practice") shall submit to the prefecture,
etc. a written application stating a maternal and child living support
institution in which she desires to stay and other matters specified by an
Ordinance of the Ministry of Health, Labour and Welfare, pursuant to the
provisions of Ordinance of the Ministry of Health, Labour and Welfare. In this
case, the maternal and child living support facility may submit said written
application in lieu of said guardian, upon her request, pursuant to the
provisions of Ordinance of the Ministry of Health, Labour and Welfare.
(3) When a guardian prescribed in the preceding paragraph desires to stay in a
maternal and child living support facility located outside the area of
responsibility of the Welfare Office established by the Prefecture, etc. due to
special circumstances, said Prefecture, etc. shall facilitate necessary liaison
and coordination for their admission into said institution.
(4) When the Prefecture, etc. finds it necessary for a guardian and her child or
children for whom a report or notice pursuant to the provision of Article 25-7
paragraph (2) item (iii), Article 25-8 item (iii) or Article 26 paragraph (1) item
(iv) has been received, the Prefecture, etc. shall recommend said guardian to
apply for the maternal and child aid.
(5) In order to contribute to selection of a maternal and child living support
facility by a guardian prescribed in paragraph (1) and ensuring of adequate
operation of maternal and child living support facilities, the Prefecture, etc.
shall provide information concerning the establishers of maternal and child
22
living support facilities, their facilities and their state of operation, and other
matters specified by an Ordinance of the Ministry of Health, Labour and
Welfare, pursuant to the provisions of Ordinance of the Ministry of Health,
Labour and Welfare.
Article 24 (1) In the case where a guardian' working or illness or any other
reasons prescribed by a Municipal Ordinance in accordance with the standards
specified by a Cabinet Order causes lack in daycare of an infant, a toddler or a
child prescribed in Article 39 paragraph (2) whose custody must be taken by
the guardian, a municipal government shall, when the guardian applies,
provide daycare to those children in a nursery center; provided, however, that
other adequate aid shall be provided when there is any unavoidable reason
such as non-existence of an adjacent nursery center.
(2) A guardian who desires daycare for a child prescribed in the preceding
paragraph in a nursery center (hereinafter referred to as "Daycare Practice")
shall submit to the municipal government a written application stating a
nursery center at which he/she desires to place the child and other matters
specified by an Ordinance of the Ministry of Health, Labour and Welfare,
pursuant to the provisions of Ordinance of the Ministry of Health, Labour and
Welfare. In this case, the nursery center may submit said written application
in lieu of said guardian, upon his/her request, pursuant to the provisions of
Ordinance of the Ministry of Health, Labour and Welfare.
(3) In the case where adequate daycare would become difficult in a certain
nursery center if all the children pertaining to the written applications set
forth in the preceding paragraph stating their desire for admission into said
nursery center were admitted, or in the case where there is any other
unavoidable reason, the municipal government may conduct screening of the
children to be admitted into said nursery center in an impartial manner.
(4) When a municipal government finds it necessary for a child for whom a report
or notice pursuant to the provision of Article 25-8 item (iii) or Article 26
paragraph (1) item (iv) has been received, the municipal government shall
recommend his/her guardian to apply for the daycare.
(5) In order to contribute to selection of a nursery center by the guardian of a
child prescribed in paragraph (1) and ensuring of adequate operation of
nursery centers, the municipal government shall provide information
concerning the establishers of nursery centers in the municipality's
jurisdictional district, their facilities and their state of operation, and other
matters specified by an Ordinance of the Ministry of Health, Labour and
Welfare, pursuant to the provisions of Ordinance of the Ministry of Health,
Labour and Welfare.
23
Section 4 (Payments of Institutional Benefits for Disabled Children,
Large-amount Institutional Benefits for Disabled Children and
Benefits for Meal Expenses, etc. for Specified Institutionalized
Disabled Children, and Institutional Medical Expenses for Disabled
Children)
Subsection 1 Payments of Institutional Benefits for Disabled Children,
Large-amount Institutional Benefits for Disabled Children, and
Benefits for Meal Expenses, etc. for Specified Institutionalized
Disabled Children
Article 24-2 (1) When a Recognized Beneficiary Guardian provided in paragraph
(6) of the following Article (referred to as a "Recognized Beneficiary Guardian"
hereinafter in this Article) applies for admission or institutionalization into an
institution for mentally retarded children, a daycare institution for mentally
retarded children, an institution for blind or deaf children, an institution for
orthopedically impaired children or an institution for severely-retarded
children, or a Designated Medical Institution as designated by the prefectural
governor (hereinafter referred to as "Designated Institution for Mentally
Retarded Children, etc."; such admission or institutionalization being
hereinafter referred to as "Admission, etc.") during the period of time provided
pursuant to the provision of paragraph (4) of the following Article and the
guardian receives institutional support for disabled children from said
Designated Institution for Mentally Retarded Children, etc. (hereinafter
referred to as "Designated Institutional Support"), the prefectural government
shall pay Institutional Benefits for Disabled Children to said Recognized
Beneficiary Guardian with regard to expenses spent for said Designated
Institutional Support (excluding such expenses spent for meal provision,
expenses spent for residency or stay and other expenses spent for daily life that
are provided by an Ordinance of the Ministry of Health, Labour and Welfare,
and expenses spent on therapy (hereinafter referred to as "Specified
Expenses")).
(2) The amount of Institutional Benefits for Disabled Children shall be ninety-
hundredths (90/100) of the amount of expenses calculated, in accordance with
the standards specified by the Minister of Health, Labor and Welfare according
to each type of institutional support for disabled children, with regard to
expenses (excluding Specified Expenses) generally spent for the Designated
Institutional Support (or, instead of ninety-hundredths, (90/100) the full
amount of such expenses actually spent for said Designated Institutional
Support (excluding Specified Expenses), when the amount so calculated
exceeds the amount of such actual expenses).
(3) When the amount obtained by deducting the total amount of Institutional
24
Benefits for Disabled Children for one and the same month as calculated
pursuant to the provision of the preceding paragraph from the total amount of
expenses (excluding Specified Expenses) spent for the Designated Institutional
Support provided to a Recognized Beneficiary Guardian in said specific month
exceeds the amount specified by a Cabinet Order by taking into account the
impact on the household finances of said Recognized Beneficiary Guardian and
other circumstances, the amount of Institutional Benefits for Disabled
Children for said one and the same month shall be equal to the amount
specified by a Cabinet Order that shall be within the range more than ninety-
hundredths (90/100) of the amount of expenses calculated pursuant to the
provision of the preceding paragraph and not more than the full amount
(100/100) thereof, notwithstanding the provision of the preceding paragraph.
Article 24-3 (1) When the guardian of a disabled child intends to receive
Institutional Benefits for Disabled Children pursuant to the provision of
paragraph (1) of the preceding Article, the guardian shall make an application
with the prefectural government, according to each type of institutional
support for disabled children, pursuant to the provisions of Ordinance of the
Ministry of Health, Labour and Welfare.
(2) When an application set forth in the preceding paragraph is made, the
prefectural government shall decide whether to pay Institutional Benefits for
Disabled Children, by taking into consideration the type and level of the
dysfunction of the disabled child pertaining to said application, the state of a
caretaker of said disabled child, the state of receipt of Institutional Benefits for
Disabled Children by the guardian of said disabled child, and other matters
specified by an Ordinance of the Ministry of Health, Labour and Welfare.
(3) In the case where a decision is made pursuant to the provision of the
preceding paragraph, the prefectural government shall hear opinions from the
child guidance center's director.
(4) In the case where a decision to pay Institutional Benefits for Disabled
Children (hereinafter referred to as "Decision on Institutional Benefits
Payment") is made, a period for payments of Institutional Benefits for Disabled
Children shall be specified.
(5) A period set forth in the preceding paragraph may not exceed the period
specified for each type of institutional support for disabled children specified
by an Ordinance of the Ministry of Health, Labour and Welfare.
(6) When a Decision on Institutional Benefits Payment is made, the prefectural
government shall issue a beneficiary certificate (hereinafter referred to as
"Institutional Beneficiary Certificate") stating the period specified pursuant to
the provision of paragraph (4) (hereinafter referred to as "Benefits Payment
Period") to the guardian of the disabled child for whom said Decision on
25
Institutional Benefits Payments is made (hereinafter referred to as
"Recognized Beneficiary Guardian"), pursuant to the provisions of Ordinance of
the Ministry of Health, Labour and Welfare.
(7) A Recognized Beneficiary Guardian who intends to receive Designated
Institutional Support shall receive said Designated Institutional Support by
presenting his/her Institutional Beneficiary Certificate to the Designated
Institution for Mentally Retarded Children, etc., pursuant to the provisions of
Ordinance of the Ministry of Health, Labour and Welfare; provided, however,
that this shall not apply in the case of an emergency or any other unavoidable
reason.
(8) When a Recognized Beneficiary Guardian has received Designated
Institutional Support from a Designated Institution for Mentally Retarded
Children, etc. (limited to the cases where said Recognized Beneficiary
Guardian has presented his/her Institutional Beneficiary Certificate to said
Designated Institution for Mentally Retarded Children, etc.), the prefectural
government may pay expenses spent for said Designated Institutional Support
that are payable by said Recognized Beneficiary Guardian to said Designated
Institution for Mentally Retarded Children, etc. (excluding Specified Expenses),
in lieu of said guardian, to said Designated Institution for Mentally Retarded
Children, etc., within the limit of the amount payable to said Recognized
Beneficiary Guardian as the Institutional Benefits for Disabled Children.
(9) When a payment is made pursuant to the provision of the preceding
paragraph, the Institutional Benefits for Disabled Children for the referenced
Recognized Beneficiary Guardian shall be deemed to have been paid.
(10) When a Designated Institution for Mentally Retarded Children, etc. requests
Institutional Benefits for Disabled Children, the prefectural government shall
pay the same after the examination in light of the standards specified by the
Minister of Health, Labor and Welfare as set forth in paragraph (2) of the
preceding Article and the standards on facilities and operation of designated
retarded child institutions, etc. as set forth in Article 24-12 paragraph (2)
(limited to the portions of such standards relating to handling of Designated
Institutional Support).
(11) A prefectural government may entrust a national health insurance
federation provided in Article 45 paragraph (5) of the National Health
Insurance Act or any other non-profit corporation provided by an Ordinance of
the Ministry of Health, Labour and Welfare to conduct the affairs concerning
payments pursuant to the provision of the preceding paragraph.
Article 24-4 (1) A prefectural government making a Decision on Institutional
Benefits Payment may rescind said Decision on Institutional Benefits Payment
in any of the cases listed in the following items:
26
(i) When the prefectural government finds no longer necessary for the disabled
child pertaining to the Decision on Institutional Benefits Payment to receive
the Designated Institutional Support; or
(ii) When the prefectural government finds that the Recognized Beneficiary
Guardian moves his/her place of residence to the district of any other
prefecture during the Benefits Payment Period.
(2) A prefectural government rescinding a Decision on Institutional Benefits
Payment pursuant to the provision of the preceding paragraph shall request
the Recognized Beneficiary Guardian pertaining to said rescission to return the
Institutional Beneficiary Certificate pursuant to the provisions of Ordinance of
the Ministry of Health, Labour and Welfare.
(3) In addition to what is prescribed in the preceding two paragraphs, necessary
matters concerning rescission of a Decision on Institutional Benefits Payment
shall be prescribed by a Cabinet Order.
Article 24-5 In the case where the prefectural government applies the provision
of paragraph (2) of Article 24-2 to payments of Institutional Benefits for
Disabled Children to a Recognized Beneficiary Guardian since it finds difficult
for him/her to bear expenses spent for institutional support for disabled
children due to disaster or other special circumstances specified by an
Ordinance of the Ministry of Health, Labour and Welfare, the term "ninety-
hundredths (90/100)" referred to in the same paragraph shall be replaced with
"a percentage specified by the prefectural government within a range more
than ninety-hundredths (90/100) and not more than the full amount (100/100)
thereof".
Article 24-6 (1) When the amount obtained by deducting the total amount of
Institutional Benefits for Disabled Children paid in relation to the expenses
spent for Designated Institutional Support received by a Recognized
Beneficiary Guardian from the total amount of such expenses is extremely
costly, Large-amount Institutional Benefits for Disabled Children shall be paid
to said guardian pursuant to the provisions of Cabinet Order.
(2) In addition to what is prescribed in the preceding paragraph, the
requirements for payments of Large-amount Institutional Benefits for Disabled
Children, the amounts to be paid, and other necessary matters concerning
payments of Large-amount Institutional Benefits for Disabled Children shall
be prescribed by a Cabinet Order by considering the impact of the burden of
expenses spent for Designated Institutional Support on household finances.
Article 24-7 (1) When a disabled child (excluding persons attending daycare
institutions for mentally retarded children and other persons specified by an
27
Ordinance of the Ministry of Health, Labour and Welfare) pertaining to such a
Recognized Beneficiary Guardian that is specified by an Ordinance of the
Ministry of Health, Labour and Welfare by taking into account his/her state of
income and other circumstances is admitted into a Designated Institution for
Mentally Retarded Children, etc. during the Benefits Payment Period and the
disabled children receives Designated Institutional Support from said
Designated Institution for Mentally Retarded Children, etc., the prefectural
government shall, pursuant to the provisions of a Cabinet Order, pay Benefits
for Meal Expenses, etc. for Specified Institutionalized Disabled Children to
said Recognized Beneficiary Guardian with regard to the expenses spent for
the provision of meals and for residence in said Designated Institution for
Mentally Retarded Children, etc.
(2) The provisions of paragraphs (7) to (11) inclusive of Article 24-3 shall apply
mutatis mutandis to payments of Benefits for Meal Expenses, etc. for Specified
Institutionalized Disabled Children. In this case, necessary terminological
replacements shall be prescribed by a Cabinet Order.
Article 24-8 In addition to what is prescribed in this Subsection, necessary
matters concerning the payments of Institutional Benefits for Disabled
Children, Large-amount Institutional Benefits for Disabled Children or
Benefits for Meal Expenses, etc. for Specified Institutionalized Disabled
Children and requests by Designated Institution for Mentally Retarded
Children, etc. for Institutional Benefits for Disabled Children or Benefits for
Meal Expenses, etc. for Specified Institutionalized Disabled Children shall be
prescribed by an Ordinance of the Ministry of Health, Labour and Welfare.
Subsection 2 Designated Institution for Mentally Retarded Children,
etc.
Article 24-9 (1) The designation set forth in Article 24-2 paragraph (1) shall be
made for an institution for mentally retarded children, a daycare institution
for retarded children, an institution for blind or deaf children, an institution
for orthopedically impaired children, or an institution for severely-retarded
children (hereinafter referred to as "Institution for Mentally Retarded Children,
etc.") based on an application by its establisher, pursuant to the provisions of
Ordinance of the Ministry of Health, Labour and Welfare.
(2) In the case where an application set forth in the preceding paragraph is made,
the prefectural governor shall not designate the referenced facility as a
Designated Institution for Mentally Retarded Children, etc. (excluding
Designated Medical Institutions; the same shall apply in Articles 24-13, 24-14,
24-17 and 24-18) when it falls under any of the following items:
28
(i) When the applicant is not a juridical person;
(ii) When the knowledge and skills of the employees of the institution for
mentally retarded children, etc. pertaining to said application and its
personnel staffing do not satisfy the standards specified by an Ordinance of
the Ministry of Health, Labour and Welfare set forth in Article 24-12
paragraph (1);
(iii) When the prefectural government finds the applicant to be unable to
operate the institution for mentally retarded children, etc. adequately in
accordance with the standards on facilities and operation of Designated
Institution for Mentally Retarded Children, etc. specified by an Ordinance of
the Ministry of Health, Labour and Welfare as set forth in Article 24-12
paragraph (2);
(iv) When any officer (which shall mean an employee, director, executive officer
or other equivalent person executing corporate affairs, including a person
with counselor, advisor or any other title whatsoever who is found to have
such a power to control the juridical person that is equivalent or superior to
that of any employee, director, executive officer or other equivalent person
executing corporate affairs) of the applicant or the head of the institution for
mentally retarded children, etc. pertaining to said application (hereinafter
referred to as "Officers, etc.") is a person sentenced to imprisonment or
severer punishment and awaiting the completion or discontinuation of its
execution;
(v) When the applicant or any of its Officers, etc. is a person punished by a fine
pursuant to such provisions of this Act or of any other act on healthcare or
welfare of citizens as specified by a Cabinet Order and awaiting the
completion or discontinuation of its execution;
(vi) When the applicant is a person subject to a rescission of designation
pursuant to the provision of Article 24-17 and awaiting a lapse of 5 years
from the date of the rescission;
(vii) When any of the Officers, etc. of the applicant is a person who used to be
an officer, etc. of a juridical person on which a rescission of the designation
was imposed within 60 days prior to the notice pursuant to the provision of
Article 15 of the Administrative Procedure Act (Act No. 88 of 1993)
pertaining to the disposition of said rescission of designation pursuant to the
provision of Article 24-17 and who is awaiting a lapse of 5 years from the
date of said rescission;
(viii) When the applicant is a person who declines the designation pursuant to
the provision of Article 24-14 during the period commencing on the date of
the notice pursuant to the provision of Article 15 of the Administrative
Procedure Act pertaining to the rescission of designation pursuant to the
provision of Article 24-17 and ending on the date on which said disposition is
29
implemented or decided to be discontinued (excluding a person having a
reasonable ground for declining said designation) and who is awaiting a
lapse of 5 years from the date of said declination;
(ix) When any of the Officers, etc. of the applicant is a person who used to be
an officer, etc. of the juridical person pertaining to the declination (excluding
a juridical person having a reasonable ground for declining said designation)
within 60 days prior to the date of the notice referred to in the preceding
item, in the case where the designation pursuant to the provision of Article
24-14 was declined within the period provided in the preceding item, and
who is awaiting a lapse of 5 years from the date of said declination; or
(x) When the applicant or any of its Officers, etc. is a person who committed a
wrongdoing or extremely unjust act, within 5 years prior to the date of the
application for designation, with regard to institutional support for disabled
children.
Article 24-10 (1) The designation set forth in paragraph (1) of Article 24-2 shall
cease to be effective after a lapse of the term then in force, unless the
designation is renewed every 6 years.
(2) In the case where a renewal set forth in the preceding paragraph is applied,
when no disposition is implemented for the application by the expiration date
of the period set forth in the same paragraph (referred to as a "Valid Period for
Designation" hereinafter in this Article), the designation before the renewal
shall remain in force until the disposition is implemented, even after the
expiration of the Valid Period for Designation.
(3) When the designation is renewed in the case referred to in the preceding
paragraph, the Valid Period for Designation as renewed shall start from the
day following the expiration date of the Valid Period for Designation before the
renewal.
(4) The provision of the preceding Article shall apply mutatis mutandis to
renewal of designation set forth in paragraph (1). In this case, necessary
terminological replacements shall be prescribed by a Cabinet Order.
Article 24-11 (1) In order to enable a disabled child to lead self-reliant daily life
or social life according to their inherent abilities and aptitudes, the establisher
of a Designated Institution for Mentally Retarded Children, etc. shall facilitate
close coordination with administrative organs, educational institutions and
other relevant bodies, and endeavor to effectively implement institutional
support for disabled children according to the intention, aptitudes,
characteristics of dysfunctions and other circumstances of said disabled child.
(2) The establisher of a Designated Institution for Mentally Retarded Children,
etc. shall endeavor to improve the quality of its institutional support for
30
disabled children by carrying out assessment of the quality of its own
institutional support for disabled children and by taking other measures.
(3) The establisher of a Designated Institution for Mentally Retarded Children,
etc. shall respect the character of each disabled child, comply with this Act or
orders pursuant to this Act, and faithfully perform his/her own duties for
disabled children and their guardians.
Article 24-12 (1) The establisher of a Designated Institution for Mentally
Retarded Children, etc. shall have employees engaged in Designated
Institutional Support in accordance with the standards specified by an
Ordinance of the Ministry of Health, Labour and Welfare.
(2) The establisher of a Designated Institution for Mentally Retarded Children,
etc. shall provide Designated Institutional Support in accordance with the
standards on facilities and operation of designated retarded child institutions,
etc. specified by an Ordinance of the Ministry of Health, Labour and Welfare.
Article 24-13 When there is any change in his/her address or any other matters
specified by an Ordinance of the Ministry of Health, Labour and Welfare, the
establisher of a Designated Institution for Mentally Retarded Children, etc.
shall notify the prefectural governor to that effect within 10 days pursuant to
the provisions of Ordinance of the Ministry of Health, Labour and Welfare.
Article 24-14 A Designated Institution for Mentally Retarded Children, etc. may
decline its designation with not less than 3 months period of advance notice.
Article 24-15 (1) When a prefectural governor finds necessary, he/she may order
a person who is, or used to be, the establisher or director or any other employee
of a Designated Institution for Mentally Retarded Children, etc. (hereinafter
referred to as "Designated Institution Establisher, etc.") to make a report or
submit or present books and documents and other objects, request the
appearance of a person who is, or used to be, a Designated Institution
Establisher, etc., or may make said prefecture's official ask relevant persons
questions or enter any office of said Designated Institution for Mentally
Retarded Children, etc. and inspect books and documents and other objects.
(2) When any question or inspection is made pursuant to the provision of the
preceding paragraph, said official shall carry his/her certification for
identification and produce it upon request by any relevant person.
(3) The authority pursuant to the provision of paragraph (1) shall not be
construed as being permitted for criminal investigation.
Article 24-16 (1) When a prefectural governor finds that the establisher of a
31
Designated Institution for Mentally Retarded Children, etc. fails to conform to
the standards specified by an Ordinance of the Ministry of Health, Labour and
Welfare referred to in Article 24-12 paragraph (1) in respect of the knowledge
or skills of its employees of the institution pertaining to the referenced
designation or its personnel staffing or fails to operate the Designated
Institution for Mentally Retarded Children, etc. adequately in accordance with
the standards on facilities and operation of designated retarded child
institutions, etc. specified by an Ordinance of the Ministry of Health, Labour
and Welfare referred to in paragraph (2) of the same Article, the prefectural
governor may recommend the establisher of said Designated Institution for
Mentally Retarded Children, etc. to comply with the standards specified by an
Ordinance of the Ministry of Health, Labour and Welfare referred to in
paragraph (1) of the same Article, or comply with the standards on facilities
and operation of designated retarded child institutions, etc. specified by an
Ordinance of the Ministry of Health, Labour and Welfare referred to in
paragraph (2) of the same Article, by a due date to be specified.
(2) In the case where a recommendation is made pursuant to the provision of the
preceding paragraph, when the establisher of the Designated Institution for
Mentally Retarded Children, etc. receiving such recommendation fails to
comply with the same by the due date set forth in the same paragraph, the
prefectural governor may publicize such non-compliance.
(3) When the establisher of a Designated Institution for Mentally Retarded
Children, etc. receiving a recommendation pursuant to the provision of
paragraph (1) fails to take a measure pertaining to the recommendation
without justifiable ground, the prefectural governor may order the establisher
of said Designated Institution for Mentally Retarded Children, etc. to take the
measure pertaining to the recommendation by a due date to be specified.
(4) When an order is provided pursuant to the provision of the preceding
paragraph, the prefectural governor shall give public notice to that effect.
Article 24-17 In any of the cases set forth in the following items, the prefectural
governor may rescind the designation set forth in Article 24-2 paragraph (1)
pertaining to the referenced Designated Institution for Mentally Retarded
Children, etc. or suspend the validity of the designation, in whole or in part,
for a period of time to be specified:
(i) When the establisher of the designated retarded child institutions, etc. or
any of its Officers, etc. becomes a person falling under Article 24-9 paragraph
(2) item (iv), (v), (vii) or (ix);
(ii) When it is found that the establisher of the Designated Institution for
Mentally Retarded Children, etc. has violated the provision of Article 24-11
paragraph (3);
32
(iii) When the establisher of the Designated Institution for Mentally Retarded
Children, etc. becomes unable to satisfy the standards specified by an
Ordinance of the Ministry of Health, Labour and Welfare referred to in
Article 24-12 paragraph (1) in respect of the knowledge or skills of its
employees of the institution pertaining to said designation or in respect of its
personnel staffing;
(iv) When the establisher of the Designated Institution for Mentally Retarded
Children, etc. becomes unable to operate the Designated Institution for
Mentally Retarded Children, etc. adequately in accordance with the
standards on facilities and operation of designated retarded child
institutions, etc. specified by an Ordinance of the Ministry of Health, Labour
and Welfare referred to in Article 24-12 paragraph (2);
(v) When any wrongdoing is found with regard to a request for Institutional
Benefits for Disabled Children, Benefits for Meal Expenses, etc. for Specified
Institutionalized Disabled Children or Institutional Medical Expenses for
Disabled Children;
(vi) When the Designated Institution Establisher, etc. fails to comply with an
order for reporting or submission or presentation of books and documents
and other objects pursuant to the provision of Article 24-15 paragraph (1), or
makes a false report in response to such an order;
(vii) When the Designated Institution Establisher, etc. fails to comply with an
order for appearance pursuant to the provision of Article 24-15 paragraph (1),
fails to give an answer or makes a false answer in response to a question
pursuant to the provision of the same paragraph, or refuses, interferes with,
or recuses the entry or inspection pursuant to the provision of the same
paragraph; provided, however, that this shall not apply when the establisher
or director of the Designated Institution for Mentally Retarded Children, etc.
had fulfilled his/her duty of reasonable care and supervision to prevent any
of the acts above mentioned in the case where such an act has been
committed by an employee of said Designated Institution for Mentally
Retarded Children, etc.;
(viii) When the establisher of the Designated Institution for Mentally Retarded
Children, etc. obtains the designation set forth in Article 24-2 paragraph (1)
by a wrongful means;
(ix) When the establisher of the Designated Institution for Mentally Retarded
Children, etc. violates this Act or any other act on healthcare or welfare of
citizens as specified by a Cabinet Order or any order pursuant to any of these
acts or any disposition pursuant thereto, in addition to the cases listed in the
preceding items respectively;
(x) When the establisher of the Designated Institution for Mentally Retarded
Children, etc. commits a wrongdoing or unjust act with regard to
33
institutional support for disabled children, in addition to the cases listed in
the preceding items respectively; or
(xi) When the establisher of the Designated Institution for Mentally Retarded
Children, etc. and its Officers, etc. include such a person who has committed
a wrongdoing or unjust act with regard to institutional support for disabled
children within 5 years prior to the time when the rescission of designation
or the whole or partial suspension of its validity is intended.
Article 24-18 A prefectural governor shall give public notice in any of the cases
listed in the following items:
(i) When a prefectural governor has made the designation of a Designated
Institution for Mentally Retarded Children, etc. set forth in Article 24-2
paragraph (1);
(ii) When a Designated Institution for Mentally Retarded Children, etc. has
declined the designation pursuant to the provision of Article 24-14; and
(iii) When the designation of a Designated Institution for Mentally Retarded
Children, etc. has been rescinded pursuant to the provision of the preceding
Article.
Article 24-19 (1) A prefectural government shall provide necessary information
concerning designated retarded child institutions, etc. and provide
consultations and give advice with regard to the utilization thereof.
(2) Upon request from a disabled child or his/her guardian, the prefectural
government shall make arrangement or coordination for the utilization of a
Designated Institution for Mentally Retarded Children, etc. and, where needed,
make a request for the utilization by said disabled child to the establisher of a
Designated Institution for Mentally Retarded Children, etc.
(3) The establisher of a Designated Institution for Mentally Retarded Children,
etc. shall cooperate in the arrangement, coordination and requests set forth in
the preceding paragraph as far as possible.
Subsection 3 Payments of Institutional Medical Expenses for Disabled
Children
Article 24-20 (1) When a disabled child pertaining to a Decision on Institutional
Benefits Payment receives the institutional support for disabled children
pertaining to therapy (hereinafter referred to as "Institutional Medical Care
for Disabled Children") from a Designated Institution for Mentally Retarded
Children, etc. (limited to such hospitals and other facilities as specified by an
Ordinance of the Ministry of Health, Labour and Welfare; the same shall apply
hereinafter in this Article, the following Article and Article 24-23) during the
34
Benefits Payment Period, the prefectural government shall, pursuant to the
provisions of Ordinance of the Ministry of Health, Labour and Welfare, pay
Institutional Medical Expenses for Disabled Children to the Recognized
Beneficiary Guardian pertaining to said disabled child with regard to the
expenses spent for said Institutional Medical Care for Disabled Children; and
(2) The amount of Institutional Medical Expenses for Disabled Children shall be
the total amount of the amounts listed in the following items:
(i) Ninety-hundredths (90/100) of the amount calculated with regard to the
referenced Institutional Medical Care for Disabled Children (excluding
dietary treatment (which shall mean dietary treatment provided in Article 63
paragraph (2) of the Health Insurance Act (Act No. 70 of 1922); the same
shall apply hereinafter in this paragraph); the same shall apply hereinafter
in this item) by applying the calculation method for the amount of expenses
spent for medical treatment covered by health insurance; provided, however,
that, when ten-hundredths (10/100) of the total amount of expenses spent by
the referenced Recognized Beneficiary Guardian for Institutional Medical
Care for Disabled Children in a specific month exceeds the amount provided
by a Cabinet Order by taking into account the impact on the household
finances of said Recognized Beneficiary Guardian and other circumstances,
the amount calculated pursuant to the provisions of a Cabinet Order shall
apply, which shall be within a range of the amount calculated with regard to
said Institutional Medical Care for Disabled Children by applying the
calculation method for the amount of expenses spent for medical treatment
covered by health insurance; and
(ii) The amount obtained by deducting the amount provided by the Minister of
Health, Labor and Welfare, by taking into consideration the standard
coverage provided in Article 85 paragraph (2) of the Health Insurance Act,
the state of income of the Recognized Beneficiary Guardian and other
circumstances, from the amount calculated with regard to said Institutional
Medical Care for Disabled Children (limited to dietary treatment) by
applying the calculation method for the amount of expenses spent for medical
treatment covered by health insurance.
(3) When the calculation method for the amount of expenses spent for the
medical treatment prescribed in the preceding paragraph cannot apply, or
when it is not appropriate to apply the same, the calculation method for the
amount of expenses spent for the Institutional Medical Care for Disabled
Children shall be as prescribed by the Minister of Health, Labor and Welfare.
(4) When a disabled child pertaining to a decision on institutional benefits
payment receives Institutional Medical Care for Disabled Children from a
Designated Institution for Mentally Retarded Children, etc., the prefectural
government may pay such expenses spent for said Institutional Medical Care
35
for Disabled Children that are payable by the Recognized Beneficiary Guardian
pertaining to said disabled child to the referenced Designated Institution for
Mentally Retarded Children, etc., in lieu of said Recognized Beneficiary
Guardian, to said designated retarded child institutions, etc., within the limit
of the amount payable to said Recognized Beneficiary Guardian as the
Institutional Medical Expenses for Disabled Children.
(5) When a payment is made pursuant to the provision of the preceding
paragraph, the Institutional Medical Expenses for Disabled Children for said
Recognized Beneficiary Guardian shall be deemed to have been paid.
Article 24-21 The provision of Article 21 shall apply mutatis mutandis to
designated retarded child institutions, etc., and the provisions of Articles 21-2
and 21-3 shall apply mutatis mutandis to payments of Institutional Medical
Expenses for Disabled Children to designated retarded child institutions, etc.
In this case, the phrase "the medical care set forth in paragraph (2) of the
preceding Article" referred to in Article 21 shall be deemed to be replaced with
"the Institutional Medical Care for Disabled Children provided in Article 24-20
paragraph (1)", the phrase "medical service policy and medical fees" referred to
in Article 21-2 shall be deemed to be replaced with "medical service policy",
and the phrase "medical fees" referred to in Article 21-3 (excluding paragraph
(2)) shall be deemed to be replaced with "Institutional Medical Expenses for
Disabled Children".
Article 24-22 A payment of Institutional Medical Expenses for Disabled Children
shall not be made within the limit equivalent to the amount that a recipient
can receive according to the state of the referenced dysfunction as prescribed in
the subsequent sentence. When the recipient can receive dependent medical
treatment expenses pursuant to the Health Insurance Act or other benefits
pursuant to relevant laws and regulations and such expenses or benefits are
specified by a Cabinet Order and fall under the payment of Institutional
Medical Expenses for Disabled Children, the limit specified by a Cabinet Order
shall apply as the limit referred to in the preceding sentence, and when any
benefit other than those specified by said Cabinet Order that falls under the
payment of Institutional Medical Expenses for Disabled Children is paid and
borne by the national government or local government, the amount so paid
shall apply as the limit referred to in the preceding sentence.
Article 24-23 In addition to what is prescribed in this Subsection, necessary
matters concerning the payments of Institutional Medical Expenses for
Disabled Children and the requests by designated retarded child institutions,
etc. for Institutional Medical Expenses for Disabled Children shall be
36
prescribed by an Ordinance of the Ministry of Health, Labour and Welfare.
Section 5 Protective Measures, etc. for an Aid-requiring Child
Article 25 A person who discovers an Aid-requiring Child shall give notification
directly to a Welfare Office or child guidance center established by the
municipal or prefectural government, or to said Welfare Office or child
guidance center through a commissioned child welfare volunteer; provided,
however, that this shall not apply to a child of 14 years of age or more who has
committed a crime. In this case, notification shall be given to the family court.
Article 25-2 (1) In order to singly or jointly pursue adequate protective care for
an Aid-requiring Child, a local government shall endeavor to set up a regional
council of countermeasures for Children Requiring Aid (hereinafter referred to
as a "Council") consisting of relevant bodies, relevant organizations and
persons engaged in the duties relevant to welfare of children, and other
relevant persons (hereinafter referred to as "Relevant Bodies, etc.").
(2) A Council shall exchange information concerning an Aid-requiring Child and
their guardians (hereinafter referred to as "Aid-requiring Child, etc.") and
other information necessary to pursue adequate protective care for Children
Requiring Aid and confer on the contents of the support for Children, etc.
Requiring Aid.
(3) When a local government establishes a Council, the head of the local
government shall give public notice to that effect pursuant to the provisions of
Ordinance of the Ministry of Health, Labour and Welfare.
(4) The head of a local government who establishes a Council shall designate only
one coordinating organization of countermeasures for Aid-requiring Child to be
selected from the Relevant Bodies, etc. constituting the Council.
(5) A coordinating organization of countermeasures for an Aid-requiring Child
shall conduct overall management of affairs concerning the Council, accurately
understand the state of the implementation of the support for an Aid-requiring
Child, etc. so as to enable its adequate implementation, and carry out liaison
and coordination with the child guidance center and other Relevant Bodies, etc.,
where needed.
Article 25-3 A Council may, when it finds necessary in order to exchange
information and confer as prescribed in paragraph (2) of the preceding Article,
request Relevant Bodies, etc. to furnish materials or information, state their
opinions, or provide other necessary cooperation.
Article 25-4 In addition to what is prescribed in the preceding two Articles,
37
necessary matters concerning the organization and operation of a Council shall
be prescribed by the Council.
Article 25-5 In accordance with the categories of the Relevant Bodies, etc.
constituting a Council listed in the following items, no person prescribed in
each such item shall divulge any secret coming to his/her knowledge with
regard to the duties of the Council without justifiable ground:
(i) Organs of the national or a local government: A person who is, or used to be,
an official of any such organ;
(ii) Juridical persons: A person who is, or used to be, an officer or employee of
any such juridical person; and
(iii) Persons other than those listed in the preceding two items: A person who is,
or used to be, a member of the Council.
Article 25-6 When it finds necessary in the case where notification pursuant to
the provision of Article 25 is received, a Welfare Office or child guidance center
established by a municipal or prefectural government shall promptly ascertain
an understanding of the state of the referenced child.
Article 25-7 (1) A municipal government (excluding towns and villages
prescribed in the following paragraph) shall accurately understand the state of
the implementation of the support for an Aid-requiring Child, etc., and take
any of the measures set forth in the following items when the municipal
government finds necessary for a child for whom notification has been received
or consultation has been provided pursuant to the provision of Article 25 or
his/her guardian (hereinafter referred to as "Child, etc. under Notification"):
(i) Refer any person who is found to be in need of a measure set forth in Article
27, and any person who is found to be in need of medical, psychological,
pedagogical, sociological or mental health judgment, to the child guidance
center; or
(ii) Make a Welfare Officer for retarded persons prescribed in Article 9
paragraph (5) of the Retarded Person Welfare Act (Act No. 37 of 1960) or a
certified social worker of the Welfare Office established by the municipal
government provide guidance to a Child, etc. under Notification.
(iii) Give notice of, any person who is found to be in need of a request of an
appearance and an investigation or a question pursuant to the provision of
Article 8-2 paragraph (1) of the Act on the Prevention, etc. of Child Abuse
(Act No.82 of 2000),or an entry and an investigation or a question pursuant
to the provision of Article 29 or Article 9 paragraph (1) the same act, or a
temporary custody pursuant to the provision of Article 33 paragraph (1) or
(2), to a prefectural governor or a child guidance center's director.
38
(2) A town or village without a Welfare Office shall accurately understand the
state of the implementation of the support for an Aid-requiring Child, etc., and
take any of the measures set forth in the following items when said town or
village finds necessary for a Child, etc. under Notification or an expectant and
nursing mother:
(i) Refer any person who is found to be in need of a measure set forth in Article
27, and any person who is found to be in need of medical, psychological,
pedagogical, sociological or mental health judgment, to the child guidance
center;
(ii) Refer any person for whom a measure set forth in item (ii) of the following
Article is found appropriate to the Welfare Office established by the
prefectural government to which said town or village belongs; or
(iii) Report a person for whom the Midwifery Care Practice or the Maternal and
Child Aid Practice is found appropriate to the prefectural governor
pertaining to such practice.
(iv) Give notice of, any person who is found to be in need of a request of an
appearance and an investigation or a question pursuant to the provision of
Article 8-2 paragraph (1) of the Act on the Prevention, etc. of Child Abuse, or
an entry and an investigation or a question pursuant to the provision of
Article 29 or Article 9 paragraph (1) the same act, or a temporary custody
pursuant to the provision of Article 33 paragraph (1) or (2), to a prefectural
governor or a child guidance center's director.
Article 25-8 The head of a Welfare Office established by a prefectural
government shall take a measure set forth in any of the following items, when
he/she finds necessary for a child for whom notification pursuant to the
provision of Article 25 or a referral pursuant to the provision of paragraph (2)
item (ii) of the preceding Article or paragraph (1) item (iii) of the following
Article is made, or a child, his/her guardian or an expectant and nursing
mother for whom consultation is provided:
(i) Refer any person who is found to be in need of a measure set forth in Article
27, and any person who is found to be in need of medical, psychological,
pedagogical, sociological or mental health judgment, to the child guidance
center;
(ii) Cause children or their guardians to be guided by a Welfare Officer for
retarded persons or a social welfare secretary of the Welfare Office;
(iii) Report on, or give notice of, any person for whom it is found appropriate to
practice midwifery care, maternal and child aid or daycare (hereinafter
referred to as "Daycare Practice, etc.") to the head of the prefecture or
municipality pertaining to such Daycare Practice, etc.; or
(iv) Report on, or give notice of, any person who is found to be in need of a
39
measure set forth in Article 21-6 to the head of the municipality pertaining
to the measure.
Article 26 (1) A child guidance center's director shall take a measure set forth in
any of the following items when he/she finds necessary for a child for whom
notification pursuant to the provision of Article 25 of this Act or a referral
pursuant to the provision of Article 25-7 paragraph (1) item (i) or paragraph (2)
item (i) of the same Article or item (i) of the preceding Article of this Act, or
Article 6-6 paragraph (1) or Article 18 paragraph (1) of the Juvenile Act (Act
No. 168 of 1948) is made, or for a child, his/her guardian or an expectant and
nursing mother for whom consultation is provided:
(i) Report on any person who is found to be in need of a measure set forth in
the following Article to the prefectural governor;
(ii) Cause children or their guardians to be guided by a Child Welfare Officer or
a commissioned child welfare volunteer, or entrust such guidance to a child
and family support center established by a person other than the prefectural
government or to a person other than the prefectural government who is
engaged in the consultation support services provided in Article 5 paragraph
(17) of the Act on Self-reliance Support for Persons with Disabilities
(hereinafter referred to as "Consultation Support Services" in paragraph (1)
item (ii) of the following Article and Article 34-6);
(iii) Refer any person for whom it is found appropriate to take a measure set
forth in of Article 25-7 paragraph (1) item (ii) or item (ii) of the preceding
Article to the Welfare Office;
(iv) Report on, or give notice of, any person for whom it is found appropriate to
provide the Daycare Practice, etc. to the head of the prefectural or municipal
government pertaining to such Daycare Practice, etc.; or
(v) Report on, or give notice of, any person for whom it is found appropriate to
take a measure pursuant to the provision of Article 21-6 to the head of the
municipal government pertaining to such a measure.
(2) A report pursuant to the provision of item (i) of the preceding paragraph shall
state the address, name, age, history, character and conduct, health condition
and family environment of the referenced child, the intent of said child and
his/her guardian with regard to the measure provided in the same item, and
other referential matters concerning promotion of welfare of the child.
Article 27 (1) A prefectural government shall take a measure set forth in any of
the following items with regard to a child for whom a report pursuant to
paragraph (1) item (i) of the preceding Article or a referral pursuant to Article
18 paragraph (2) of the Juvenile Act is made:
(i) Provide an admonition to the child or his/her guardian, or cause him/her to
40
submit a written pledge;
(ii) Cause the child or his/her guardian to be guided by a Child Welfare Officer,
a welfare officer for mentally retarded persons, a social welfare secretary, a
commissioned child welfare volunteer, or the child and family support center
established by said prefectural government, or an official pertaining to the
Consultation Support Services performed by said prefectural government, or
entrust such guidance to a child and family support center established by a
person other than said prefectural government, or to a person other than
said prefectural government engaged in Consultation Support Services;
(iii) Entrust the child to a foster parent, or admit the child into an infant home,
a foster home, an institution for mentally retarded children, a daycare
institution for mentally retarded children, an institution for blind or deaf
children, an institution for orthopedically impaired children, an institution
for severely-retarded children, a short-term therapeutic institution for
emotionally disturbed children, or a children's self-reliance support facility;
or
(iv) Refer the child to the family court if it is found appropriate to submit
him/her to the family court's inquiry.
(2) With regard to a child prescribed in Article 43-3 or 43-4, the prefectural
government may, in lieu of the measure set forth in item (iii) of the preceding
paragraph, entrust a Designated Medical Institution to hospitalize the child
and provide him/her with therapy, etc. equivalent to those that would be
provided in an institution orthopedically impaired children or an institution for
severely-retarded children.
(3) When a prefectural governor intends to take a measure set forth in paragraph
(1) for a child referred pursuant to the provision of Article 18 paragraph (2) of
the Juvenile Act, the prefectural governor shall follow an instruction based on
a decision by the family court.
(4) When the referenced child has a person who has parental authority
(excluding the head of a child welfare institution who exercises the parental
authority pursuant to the provision of Article 47 paragraph (1); the same shall
apply hereinafter) or a guardian of a minor, the measure set forth in paragraph
(1) item (iii) or paragraph (2) may not be taken against the intent of said
person who has parental authority or said guardian of a minor, except in the
case referred to in the preceding paragraph.
(5) In the case where a measure set forth in paragraph (1) item (ii) or (iii) or
paragraph (2) is cancelled, suspended, or changed to any other measure, the
prefectural governor shall hear opinions from the child guidance center's
director.
(6) In the case where any of the measures set forth in paragraph (1) items (i) to
(iii) inclusive (excluding those taken pursuant to the provision of paragraph (3)
41
and those taken pursuant to the provision of item (i) or the proviso of item (ii)
of Article 28 paragraph (1)) or those set forth in paragraph (2) is taken, or in
the case where a measure set forth in paragraph (1) item (ii) or (iii) or in
paragraph (2) is cancelled, suspended, or changed to any other measure,
pursuant to the provisions of a Cabinet Order, the prefectural governor shall
hear opinions from the Prefectural Child Welfare Council.
(7) With regard to a child having terminated his/her compulsory education for
whom a measure prescribed in paragraph (1) item (iii) as specified by a Cabinet
Order is cancelled or who is as otherwise specified by a Cabinet Order, the
prefectural government may provide consultation and other daily li fe
assistance and lifestyle guidance and support his/her finding employment at
the residence where the child is supposed to live communally, or may take a
measure to entrust a person resident in any other prefecture to provide said
daily life assistance and daily life guidance and employment support at said
person's residence, for the purpose of pursuing said child's independence, in
accordance with the standards specified by a Cabinet Order.
Article 27-2 (1) With regard to a child who has received a decision on protective
custody set forth in Article 24 paragraph (1) item (ii) of the Juvenile Act
pursuant to the provision of Article 24 paragraph (1) or Article 26-4 paragraph
(1) the same act, the prefectural government shall take a measure to admit
him/her into a children's self-reliance support facility in accordance with said
decision (excluding a measure to cause him/her to commute there from the
residence where his/her guardian lives) or a measure to admit him/her into a
foster home.
(2) With regard to the application of this Act, a measure prescribed in the
preceding paragraph shall be deemed to be a measure to admit the referenced
child into a children's self-reliance support facility or a foster home as set forth
in paragraph (1) item (iii) of the preceding Article; provided, however, that this
shall not apply when the provisions of paragraphs (4) and (6) of the preceding
Article (excluding the portions pertaining to the cases where a measure is
cancelled, suspended, or changed to any other measure) apply, and when the
provision of Article 28 applies.
Article 27-3 When it is necessary to take a compulsory measure that may
unintentionally be conducive to restriction on a child's liberty of action or
deprivation of his/her liberty, the prefectural governor shall refer that case to
the family court, except in the cases permitted pursuant to the provision of
Articles 33 and 47.
Article 28 (1) In the case where a guardian abuses his/her child or extremely
42
neglects the duty of custody of his/her child or in any other case where the
guardian's exercise of the custody extremely harms the welfare of said child,
when taking a measure set forth in Article 27 paragraph (1) item (iii) is
contrary to the intention of a person who has parental authority or a guardian
of a minor for the child, the prefectural government may take a measure set
forth in any of the following items:
(i) Take a measure set forth in Article 27 paragraph (1) item (iii) with approval
from the family court, when the guardian is a person who has parental
authority or a guardian of a minor; and
(ii) Deliver the child to a person who has parental authority or a guardian of a
minor, when the guardian is neither a person who has parental authority nor
a guardian of a minor; provided, however, that a measure set forth in Article
27 paragraph (1) item (iii) shall be taken with approval from the family court,
when such delivery is found inappropriate for welfare of the child.
(2) The period for a measure taken pursuant to the provision of item (i) and the
proviso of item (ii) of the preceding paragraph shall not exceed 2 years from the
date of commencement of said measure; provided, however, that the prefectural
government may renew said period with approval from the family court, when
it is found that the guardian is likely to abuse the child, extremely neglect the
custody of the child, or cause any other harm to the welfare of said child, in
light of effects, etc. of the guidance to the guardian pertaining to the referenced
measure (which shall mean the guidance set forth in Article 27 paragraph (1)
item (ii); the same shall apply hereinafter in this Article) unless the referenced
measure is continued.
(3) With regard to the application of the Act on Inquiry Procedure for Family
Affairs, the approval set forth in paragraph (1) and the preceding paragraph
(hereinafter referred to as "Approval for Measures") shall be deemed to fall
under any of the matters listed in category A in Article 9 paragraph (1) of the
same Act.
(4) When there are any inevitable circumstances in the case where an application
for approval pertaining to the renewal pursuant to the provision of paragraph
(2) is made, the prefectural government may continue to take the referenced
measure until a decision for said application becomes final and binding, even
after the period for said measure expires; provided, however, that the same
shall be limited to the cases where, if a decision to dismiss said application is
made, it is found still necessary to take said measure after considering the
result of said decision.
(5) In the case where an application for approval for measures is made, the
family court may request the prefectural government to report on, or state its
opinions on, the guidance to the guardian pertaining to said application, or to
submit necessary materials concerning the child and his/her guardian
43
pertaining to said application, by the due date to be specified.
(6) In the case where a family court carries out the inquiry procedure for
approval for measures, when the family court finds reasonable to afford
guidance to the referenced guardian in order to coordinate domestic or other
environments after termination of the referenced measure, the family court
may recommend the prefectural government to afford the guidance to said
guardian.
Article 29 When a prefectural governor finds necessary in order to take a
measure pursuant to the provision of the preceding Article, the prefectural
governor may make a commissioned child welfare volunteer or said prefecture's
official engaged in the affairs concerning welfare of children enter the domicile
or residence of the referenced child or his/her workplace and make necessary
inspections or questioning. In this case, the prefectural governor shall make
the commissioned child welfare volunteer or the official carry his/her
certification for identification and produce it upon request by any relevant
person.
Article 30 (1) If a person (excluding persons to whom children are entrusted
pursuant to laws and regulations and persons who merely lodge children)
starts living together with a child other than children within the fourth degree
of kinship at the person's own home (including the case of a single-person
household) with the intention of living together for more than 3 months (or
more than 1 month, if the child is an infant) or lives together at the person's
own home for consecutive 2 months or more (or 20 days or more, if the child is
an infant) by separating the child from the person who has parental authority
or the guardian of a minor, that person living together shall notify the
prefectural governor through the mayor of municipality within 3 months (or
within 1 month, if the child is an infant) from the date of start of such living
together; provided, however, that this shall not apply when such living
together is discontinued within this notification period.
(2) When a person who has given notification as prescribed in the preceding
paragraph discontinues living together, he/she shall notify the prefectural
governor through the mayor of municipality within 1 month from the date of
such discontinuation.
(3) When it is difficult for a guardian to foster his/her child at his/her home due
to economic reasons, etc., he/she shall consult with the Welfare Office
established by the municipal or prefectural government, the child guidance
center, a Child Welfare Officer or a commissioned child welfare volunteer.
Article 30-2 A prefectural governor may provide necessary instructions to, or
44
request necessary reporting from, foster parents and the heads of child welfare
institutions, and the persons prescribed in paragraph (1) of the preceding
Article, with regard to the aid for children.
Article 31 (1) With regard to a child admitted into a maternal and child living
support facility pursuant to the main clause of Article 23 paragraph (1), the
prefecture, etc. may continue to take protective custody of him/her in the
maternal and child living support facility until he/she attains the age of 20,
when the prefecture, etc. has received an application from his/her guardian
and finds it necessary to do so.
(2) The prefectural government may continue the entrustment or continue the
measure to domicile the referenced child in the referenced child welfare
institution pursuant to the provision of Article 27 paragraph (1) item (iii), until
the referenced child attains the age of 20 if he/she is a child entrusted to a
foster parent or admitted into a foster home, an institution for mentally
retarded children (excluding those established by the national government) , an
institution for blind or deaf children, a short-term therapeutic institution for
emotionally disturbed children, or a children's self-reliance support facility
pursuant to the provision of the same item, and until the referenced child
becomes able to adapt him/herself to social life if he/she is a child admitted into
an institution for mentally retarded children established by the national
government.
(3) The prefectural government may continue the measure to domicile the
referenced child in the referenced child welfare institution or continue the
entrustment pursuant to the provision of Article 27 paragraph (2) or change
either of these measures to the other one, until the referenced child attains the
age of 20 if he/she is a child admitted into an institution for orthopedically
impaired children pursuant to the provision of Article 27 paragraph (1) item
(iii) or a child set forth in Article 43-3 admitted into a Designated Medical
Institution based on the entrustment pursuant to the provision of paragraph
(2) of the same Article, and until the referenced child becomes able to adapt
him/herself to social life if he/she is a child admitted into an institution for
severely-retarded children pursuant to the provision of Article 27 paragraph
(1) item (iii) or a child set forth in Article 43-4 admitted into a Designated
Medical Institution based on the entrustment pursuant to the provision of
paragraph (2) of the same Article.
(4) With regard to a child for whom a measure set forth in Article 27 paragraph
(7) is taken, the prefectural government may continue to provide assistance to
him/her or continue the entrustment prescribed in the same paragraph, until
he/she attains the age of 20.
(5) With regard to the application of this Act, the aid or the measure provided in
45
each of the preceding paragraphs shall be deemed to be the Maternal and Child
Aid Practice or a measure provided in paragraph (1) item (iii), paragraph (2) or
Article 27 paragraph (7).
(6) In the case referred to in paragraph (2) or (3), the prefectural governor shall
hear opinions from the child guidance center's director.
Article 32 (1) A prefectural governor may delegate the authority to take
measures set forth in Article 27 paragraph (1), (2) or (7), in whole or in part, to
the child guidance center's director.
(2) A prefectural governor or a mayor of municipality may delegate the authority
to take measures set forth in Article 21-6 or the authority of the Midwifery
Care Practice or the Maternal and Child Aid Practice, or the authority of the
aid provided in the proviso of Article 23 paragraph (1), and the authority
pursuant to the provisions of Articles 24-2 to 24-7 inclusive and Article 24-20,
in whole or in part, to the head of a Welfare Office under the management of
the prefectural governor or mayor of municipality.
(3) A mayor of municipality may delegate the authority of the Daycare Practice
and the authority of the aid provided in the proviso of Article 24 paragraph (1),
in whole or in part, to the head of the Welfare Office under the management of
the municipal government or to the board of education set up in said
municipality.
Article 33 (1) A child guidance center's director may, when he/she finds
necessary, take temporary custody of a child or entrust an appropriate person
to do so until a measure set forth in Article 26 paragraph (1) is taken.
(2) A prefectural governor may, when he/she finds necessary, cause the child
guidance center's director to take temporary custody of a child or cause said
director to entrust an appropriate person to take such temporary custody until
a measure set forth in Article 27 paragraph (1) or (2).
(3) The period for temporary custody pursuant to the preceding two paragraphs
shall not exceed 2 months from the date of commencement of said temporary
custody.
(4) Notwithstanding the provision of the preceding paragraph, a child guidance
center's director or a prefectural governor may, when he/she finds necessary,
continue the temporary custody pursuant to the provision of paragraph (1) or
(2).
Article 33-2 (1) A child guidance center's director may retain the things
possessed by a child under temporary custody, if his/her own possessions
during such temporary custody is likely to be harmful to welfare of the child.
(2) If the things retained pursuant to the provision of the preceding paragraph
46
are likely to decay or get lost or it is extremely difficult to retain them, a child
guidance center's director may sell those things and retain their proceeds.
(3) In the case where it is obvious that a person other than the referenced child
has the right to demand restitution with regard to the things retained
pursuant to the provision of the preceding two paragraphs, the child guidance
center's director shall return those things to such a right holder.
(4) When the child guidance center's director is unable to know the person who
has the right to demand restitution prescribed in the preceding paragraph or
his/her address, the child guidance center's director shall give public notice to
request the right holder to come forward within 6 months.
(5) In the case where nobody comes forward as prescribed in the preceding
paragraph within the period set forth in the same paragraph, the referenced
things shall belong to the prefectural government establishing the referenced
child guidance center.
(6) When a temporary custody is cancelled, the child guidance center's director
shall return the things retained by him/her to the referenced child, excluding
those returned pursuant to the provision of paragraph (3). In this case, the
things to be returned may be delivered to the guardian of the child, when the
child guidance center's director finds inappropriate for welfare of the child to
deliver them to said child.
(7) Expenses spent for retaining the things pursuant to the provision of
paragraph (1), sale thereof pursuant to the provision of paragraph (2) and
public notice pursuant to the provision of paragraph (4) shall be borne by the
person receiving them, if any.
Article 33-3 (1) In the case where a child under temporary custody escapes or
dies, when there are any articles left behind, the child guidance center's
director shall retain and deliver them to said child's guardian or relative or
his/her heir, excluding the things to be returned to their right holders pursuant
to the provision of paragraph (3) of the preceding Article.
(2) The provisions of paragraphs (2), (4), (5) and (7) of the preceding Article shall
apply mutatis mutandis to the case referred to in the preceding paragraph.
Article 33-4 In the case of cancellation of a measure or Daycare Practice, etc.
listed in any of the following items, the prefectural governor, the mayor of
municipality, the Welfare Office's director or the child guidance center's
director shall, in advance, explain the reason for such cancellation to the
person prescribed in the referenced item and hear his/her opinion; provided,
however, that this shall not apply to the case where there is a request for such
cancellation from the person prescribed in said items and other cases specified
by an Ordinance of the Ministry of Health, Labour and Welfare.
47
(i) Measures set forth in Article 21-6, Article 25-7 paragraph (1) item (ii),
Article 25-8 item (ii), Article 26 paragraph (1) item (ii), and paragraph (1)
item (ii) and Article 27 paragraph (7): The guardian of the child pertaining to
said measure;
(ii) The Midwifery Care Practice: The expectant and nursing mother pertaining
to the referenced Midwifery Care Practice;
(iii) The Maternal and Child Aid Practice and the Daycare Practice: The
guardian of the child pertaining to the referenced Maternal and Child Aid
Practice or Daycare Practice; or
(iv) Measures set forth in paragraph (1) item (iii) and Article 27 paragraph (2):
The person who has parental authority over, or the guardian of a minor of,
the child pertaining to the referenced measure.
Article 33-5 The provisions of Chapter 3 of the Administrative Procedure Act
(excluding Articles 12 and 14) shall not apply when imposing the cancellation
of a measure set forth in Article 21-6, Article 25-7 paragraph (1) item (ii),
Article 25-8 item (ii), Article 26 paragraph (1) item (ii) or Article 27 paragraph
(1) item (ii) or (iii), or Article 27 paragraph (2) or (7), or canceling the daycare.
Article 33-6 When the person who has parental authority over a child or over a
person under 20 years of age other than children (referred to as "Child, etc." in
the following Article and Article 33-8) abuses his/her parental authority or
misbehaves extremely, a request for adjudication of forfeiture of parental
authority pursuant to the provision of Article 834 of the Civil Code (Act No. 89
of 1896) may be made by the child guidance center's director, in addition to the
persons prescribed in the same Article.
Article 33-7 (1) When it is necessary for welfare of a Child, etc. having neither a
person who has parental authority nor a guardian of a minor, the child
guidance center's director shall request the family court to appoint a guardian
of a minor.
(2) A child guidance center's director shall exercise parental authority over a
child admitted there and having neither a person who has parental authority
nor a guardian of a minor until the child comes to have either a person who has
parental authority or a guardian of a minor; provided, however, that
permission from the prefectural governor shall be obtained pursuant to the
provisions of Ordinance of the Ministry of Health, Labour and Welfare when
accepting adoption pursuant to the provision of Article 797 of the Civil Code.
Article 33-8 When the guardian of a minor for a Child, etc. causes a wrongful act,
an extreme misbehavior or any other season inadequate for guardianship, a
48
request for dismissal of the guardian of a minor pursuant to the provision of
Article 846 of the Civil Code may be made by the child guidance center's
director, in addition to the persons prescribed in the same Article.
Section 6 Miscellaneous Provisions
Article 34 (1) No person shall commit an act listed in any of the following items:
(i) Place a child with physical disabilities or morphological abnormalities on
public show;
(ii) Cause a child to act as a beggar, or beg by exploiting a child;
(iii) Cause a child under 15 years of age to perform acrobatics or stunt horse
riding for the purpose of public entertainment;
(iv) Cause a child under 15 years of age to engage in such money earning acts
as singing, dancing, tricks and other performances from house to house or on
the road, or in other equivalent places;
(iv)-2 Cause a child to engage in such money earning acts as sale, distribution,
exhibition or collection of goods or provision of services, from 10:00 p.m. to
3:00 a.m., from house to house or on the road, or in other equivalent places;
(iv)-3 Cause a child under 15 years of age who engages in such money earning
activities as sale, distribution, exhibition or collection of goods or provision of
services from house to house or on the road, or in other equivalent places to
enter any place where any business falling under those listed below is
operated, in order for the child to conduct his/her work there; the applicable
businesses in this regard are businesses for entertaining and catering, etc.
set forth in Article 2 paragraph (4) of the Act on Control and Improvement of
Amusement Businesses, etc. (Act No. 122 of 1948), store-based sex-related
amusement special business set forth in paragraph (6) of the same Article,
and store-based telephonic dating agency business set forth in paragraph (9)
of the same Article is operated;
(v) Cause a child under 15 years of age to engage in such money earning acts as
entertaining at an alcoholic party;
(vi) Cause a child to commit an obscene act;
(vii) Deliver a child knowingly to a person who is likely to commit any of the
acts listed in the preceding items or a person who is likely to commit any
other act violating laws and regulations concerning criminal punishment
toward a child, or deliver a child to other person with the knowledge of a risk
of further delivery of the child to a person who is likely to commit any of the
acts as listed above;
(viii) Arrange taking care of a child for the purpose of profit, if it is arranged by
a person other than legitimate employment agencies for adults and children;
or
49
(ix) Keep a child under one's control, with the intent of causing the child to
commit an act making an impact that is mentally and physically harmful to
the child.
(2) A foster home, an institution for mentally retarded children, a daycare
institution for mentally retarded children, an institution for blind or deaf
children, an institution for orthopedically impaired children or a children's
self-reliance support facility shall not exploit children admitted there against
the purposes provided respectively in Articles 41 to 43-3 inclusive and Article
44.
Article 34-2 In addition to what is provided for in this Act, necessary matters
concerning guarantee of welfare shall be prescribed by a Cabinet Order.
Chapter III Services and Facilities
Article 34-3 (1) A person other than the national and prefectural governments
may engage in children's self-reliant living assistance services by notifying the
prefectural governor, in advance, of the matters specified by an Ordinance of
the Ministry of Health, Labour and Welfare, pursuant to the provisions of
Ordinance of the Ministry of Health, Labour and Welfare.
(2) When any of the matters in the notification pursuant to the provision of the
preceding paragraph is changed, a person other than the national and
prefectural governments shall notify the prefectural governor to that effect
within 1 month from the date of the change.
(3) When a person other than the national and prefectural governments intends
to abolish or suspend the children's self-reliant living assistance services,
he/she shall, in advance, notify the prefectural governor of the matters
specified by an Ordinance of the Ministry of Health, Labour and Welfare.
Article 34-4 (1) A prefectural governor may, when he/she finds necessary for the
welfare of children, request a person engaged in children's self-reliant living
assistance services to make reporting, or make said prefecture's official ask
relevant persons questions or enter any office or facility of said person and
inspect books and documents and other objects.
(2) The provisions of Article 18-16 paragraphs (2) and (3) shall apply mutatis
mutandis to the case referred to in the preceding paragraph.
Article 34-5 When a person engaged in children's self-reliant living assistance
services violates this Act or any order pursuant to this Act or any disposition
imposed pursuant thereto, or pursues profit unjustly with regard to such
services or commits an unjust act with regard to the treatment of any child
50
pertaining to such services, the prefectural governor may order the person to
restrict or suspend said services.
Article 34-6 When a person engaged in Consultation Support Services or
children's self-reliant living assistance services is requested to accept
entrustment pursuant to the provision of Article 26 paragraph (1) item (ii) or
paragraph (1) item (ii) or Article 27 paragraph (7), he/she shall not refuse it
without justifiable ground.
Article 34-7 A municipal government, a social welfare corporation or other
person may provide after-school child sound upbringing services pursuant to
the provisions of the Social Welfare Act.
Article 34-8 A municipal government may provide short-term Child Care
Support Services pursuant to the provisions of Ordinance of the Ministry of
Health, Labour and Welfare.
Article 35 (1) The national government shall establish a child welfare institution
(excluding midwifery homes, maternal and child living support facilities and
nursery centers) pursuant to the provisions of a Cabinet Order.
(2) A prefectural government shall establish a child welfare institution pursuant
to the provisions of a Cabinet Order.
(3) A municipal government may, pursuant to the provisions of Ordinance of the
Ministry of Health, Labour and Welfare, establish a child welfare institution
by notifying the prefectural governor, in advance, of the matters specified by
an Ordinance of the Ministry of Health, Labour and Welfare.
(4) A person other than the national, prefectural and municipal governments
may establish a child welfare institution, pursuant to the provisions of
Ordinance of the Ministry of Health, Labour and Welfare, with the prefectural
governor's approval.
(5) A child welfare institution may have a personnel training facility as its
auxiliary facility.
(6) When a municipal government intends to abolish or suspend a child welfare
institution, the municipal government shall notify the prefectural governor of
the matters specified by an Ordinance of the Ministry of Health, Labour and
Welfare not less than 1 month prior to the date of such abolition or suspension.
(7) When a person other than the national, prefectural and municipal
governments intends to abolish or suspend the child welfare institution,
approval from the prefectural governor shall be obtained pursuant to the
provisions of Ordinance of the Ministry of Health, Labour and Welfare.
51
Article 36 A midwifery home shall be a facility intended for admitting expectant
and nursing mothers who are unable to receive in-hospital midwifery care due
to economic reasons, regardless of the necessity in terms of healthcare, and
providing midwifery care to them.
Article 37 An infant home shall be a facility intended for admitting and fostering
infants (including toddlers in the case where it is particularly necessary for
ensuring a steady living environment or due to other reasons in terms of
healthcare), as well as intended for providing consultation and other assistance
to those who have left there.
Article 38 A maternal and child living support facility shall be a facility
intended for admitting and protecting females without a spouse or females in
equivalent circumstances and the children whose custody must be taken by
those females and supporting their life to encourage their self-reliance, as well
as intended for providing consultation and other assistance to those who have
left there.
Article 39 (1) A nursery center shall be a facility intended for providing daycare
to infants or toddlers lacking daycare based on entrustment from their
guardians on a daily basis.
(2) Notwithstanding the provision of the preceding paragraph, a nursery center
may, when particularly needed, provide daycare to other children lacking
daycare based on entrustment from their guardians on a daily basis.
Article 40 A children's recreational facility shall be a facility, such as a child
play space and a child center, intended for providing children with sound
opportunities for play in order to promote their health or enrich their
sentiments.
Article 41 A foster home shall be a facility intended for admitting, and providing
foster care with, children without a guardian (excluding infants; provided,
however, that infants shall be also included in the case where it is particularly
necessary for ensuring a steady living environment or due to other reasons; the
same shall apply hereinafter in this Article), children abused, and other
children in need of foster care in terms of their environment, as well as
intended for providing consultation and other assistance for self-reliance to
those who have left there.
Article 42 An institution for mentally retarded children shall be a facility
intended for admitting children with mental retardation and providing aid or
52
therapy to them, and having them acquire the knowledge and skills necessary
for an independent and self-supporting life.
Article 43 A daycare institution for mentally retarded children shall be a facility
intended for having children with mental retardation commute there from
their guardians on a daily basis and protecting them, and having them acquire
the knowledge and skills necessary for an independent and self -supporting life.
Article 43-2 An institution for blind or deaf children shall be a facility intended
for admitting and protecting blind children (including severely amblyopic
children) or deaf children (including severely cloth-eared children), and
providing guidance or assistance necessary for independent and self-supporting
life to them.
Article 43-3 An institution for orthopedically impaired children shall be a
facility intended for providing therapy to children with Limb/Trunk
Dysfunction, and having them acquire the knowledge and skills necessary for
independent and self-supporting life.
Article 43-4 An institution for severely-retarded children shall be a facility
intended for admitting and protecting children with both sever mental
retardation and sever Limb/Trunk Dysfunction, and providing therapy and
daily life guidance to them.
Article 43-5 A short-term therapeutic institution for emotionally disturbed
children shall be a facility intended for admitting children with mild emotional
disturbance for a short term or having them commute there from their
guardians in order to cure their emotional disturbance, as well as intended for
providing consultation and other assistance to those who have left there.
Article 44 A children's self-reliance support facility shall be a facility intended
for admitting children who have committed, or are likely to commit,
delinquencies and other children in need of daily life guidance, etc. due to their
family environment or other environmental reasons or having those children
commute there from their guardians, and providing necessary guidance to
those children in accordance with their individual circumstances and
supporting their self-reliance, as well as intended for providing consultation
and other assistance to those who have left there.
Article 44-2 (1) A child and family support center shall be a facility intended for
providing consultation to children, fatherless families and other families, local
53
residents and others and giving necessary advice to them with regard to a
variety of problems concerning welfare of children in the region and providing
guidance pursuant to the provisions of Article 26 paragraph (1) item (ii) and
Article 27 paragraph (1) item (ii), as well as intended for comprehensively
carrying out liaison and coordination with child guidance centers, child welfare
institutions, etc. and affording other assistance specified by an Ordinance of
the Ministry of Health, Labour and Welfare.
(2) A child and family support center shall be established in a child welfare
institution specified by an Ordinance of the Ministry of Health, Labour and
Welfare as its auxiliary facility.
(3) An employee of a child and family support center shall, when performing
his/her duties, not divulge any secret concerning personal circumstances.
Article 45 (1) The Minister of Health, Labor and Welfare shall specify the
minimum standards on facilities and operation of child welfare institution and
on child care by foster parents. In this case, those minimum standards shall be
the ones that can ensure the living level necessary for physical, mental and
social development of children.
(2) The establisher of a child welfare institution and foster parent shall comply
with the minimum standards set forth in the preceding paragraph.
(3) The establisher of a child welfare institution shall endeavor to improve the
level of its facilities and operation.
Article 46 (1) In order to maintain the minimum standards set forth in the
preceding Article, a prefectural governor may request the establishers of child
welfare institutions, the heads of child welfare institution and foster parents to
submit necessary reports and make said prefecture's official engaged in the
affairs concerning welfare of children ask relevant persons questions or enter
any of their facilities and inspect books and documents and other objects.
(2) The provisions of Article 18-16 paragraphs (2) and (3) shall apply mutatis
mutandis to the case referred to in the preceding paragraph.
(3) When any facilities or operation of a child welfare institution fails to attain
the minimum standards set forth in the preceding Article, the prefectural
governor may recommend its establisher to make necessary improvement.
When the establisher of the institution fails to follow this recommendation and
the prefectural governor finds such failure to be harmful to child welfare, the
prefectural governor may order the establisher to make necessary improvement.
(4) When any facilities or operation of a child welfare institution fails to attain
the minimum standards set forth in the preceding Article and the prefectural
governor finds such failure to be extremely harmful to child welfare, the
prefectural governor may order the establisher to suspend his/her services
54
after hearing opinions from the Prefectural Child Welfare Council.
Article 46-2 When the head of a child welfare institution is requested to accept
entrustment for any measure or the Daycare Practice pursuant to this Act from
the prefectural governor or the mayor of municipality (or from the board of
education set up in said municipality in the case where the authority of the
Daycare Practice and the authority of the aid provided in the proviso of Article
24 paragraph (1) are delegated to said board of education pursuant to the
provision of Article 32 paragraph (3)), the head of said institution shall not
refuse such entrustment without justifiable ground.
Article 47 (1) The head of a child welfare institution shall exercise parental
authority over a child admitted there and having neither a person who has
parental authority nor a guardian of a minor until the child comes to have
either a person who has parental authority or a guardian of a minor; provided,
however, that permission from the prefectural governor shall be obtained
pursuant to the provisions of Ordinance of the Ministry of Health, Labour and
Welfare when accepting adoption pursuant to the provision of Article 797 of the
Civil Code.
(2) Even in the case where a child admitted in a child welfare institution or
entrusted to a foster parent has either a person who has parental authority or
a guardian of a minor, the head of the child welfare institution or the foster
parent may take measures necessary for welfare of the child with regard to
his/her custody, education and disciplinary action.
Article 48 A head of a foster home, an institution for mentally retarded children,
an institution for blind or deaf children, an institution for orthopedically
impaired children, a short-term therapeutic institution for emotionally
disturbed children and a children's self-reliance support facility and a foster
parent shall send to school the children admitted in those institutions or
entrusted to those foster parents as if they were the guardians of such children
as provided in the School Education Act.
Article 48-2 The head of an infant home, a maternal and child living support
facility, a foster home, a short-term therapeutic institution for emotionally
disturbed children or a children's self-reliance support facility shall endeavor
to provide consultation and advice concerning foster care of children to
residents in the region where said institution is located, to the extent not
detrimental to the protective care services for children performed by said
institution.
55
Article 48-3 (1) A nursery center shall provide information concerning its
daycare to residents in the region where said nursery center is mainly utilized,
and shall endeavor to provide consultation and advice concerning daycare of
infants, toddlers, etc., to the extent not detrimental to the daycare services
performed by said nursery center.
(2) A nursery teacher working in a nursery center shall endeavor to acquire,
maintain and improve his/her knowledge and skills necessary to provide
consultation and afford advice concerning daycare of infants, toddlers, etc.
Article 49 In addition to what is provided for in this Act, matters concerning
children's self-reliant living assistance services and after-school child sound
upbringing services and other necessary matters concerning a child welfare
institution such as their employees shall be prescribed by an Order.
Chapter IV Expenses
Article 49-2 With regard to the persons admitted by the prefectural governments
into a child welfare institution established by the national government based
on the measures provided in Article 27 paragraph (1) item (iii), the national
treasury shall pay expenses spent for those persons after such admission.
Article 50 Expenses listed in any of the following items shall be paid by a
prefectural government:
(i) Expenses spent for the Prefectural Child Welfare Council;
(ii) Expenses spent for Child Welfare Officers and commissioned child welfare
volunteers;
(iii) Expenses spent for the child guidance center (excluding expenses set forth
in item (ix));
(iv) Deleted;
(v) Expenses spent for measures set forth in Article 20;
(v)-2 Expenses spent for the implementation of the services set forth in Article
21-5;
(vi) Expenses spent for the Midwifery Care Practice or the Maternal and Child
Aid Practice afforded by municipal governments in the midwifery homes or
maternal and child living support facilities established by the prefectural
government (which shall mean expenses spent to maintain the minimum
standards set forth in Article 45 with regard to the Midwifery Care Practice
or the Maternal and Child Aid Practice; the same shall apply in item (vi) -3 of
this Act and item (ii) of the following Article);
(vi)-2 Daycare expenses spent for the Daycare Practice in the nursery centers
established by the prefectural government (which shall mean expenses spent
56
to maintain the minimum standards set forth in Article 45 with regard to the
Daycare Practice; the same shall apply in items (iii) and (iv) of the following
Article and Article 56 paragraph (3));
(vi)-3 Expenses spent for the Midwifery Care Practice or the Maternal and
Child Aid Practice afforded by the prefectural government;
(vi)-4 Expenses spent for payments of Institutional Benefits for Disabled
Children, Large-amount Institutional Benefits for Disabled Children or
Benefits for Meal Expenses, etc. for Specified Institutionalized Disabled
Children, or Institutional Medical Expenses for Disabled Children
(hereinafter referred to as "Institutional Benefits for Disabled Children,
etc.");
(vii) Expenses spent for admission or entrustment and expenses spent to
maintain the minimum standards set forth in Article 45 with regard to the
aid after the admission or for child care after the entrustment (excluding
expenses spent, after their admission, for the children admitted into infant
homes, foster homes, institutions for mentally retarded children, daycare
institutions for mentally retarded children, institutions for blind or deaf
children, institutions for orthopedically impaired children, institutions for
severely-retarded children, short-term therapeutic institutions for
emotionally disturbed children or children's self-reliance support facilities
established by the national government), in the case where the prefectural
government takes measures provided in Article 27 paragraph (1) item (iii);
(vii)-2 Expenses spent for entrustment and therapy, etc. after the entrustment
in the case where the prefectural government takes measures provided in
Article 27 paragraph (2);
(viii) Expenses spent for temporary custody; and
(ix) Expenses spent for the facilities of the child guidance center and for the
facilities of child welfare institutions established by the prefectural
government and their personnel training facilities.
Article 51 Expenses listed in any of the following items shall be paid by a
municipal government:
(i) Expenses spent for measures set forth in Article 21-6;
(ii) Expenses spent for the Midwifery Care Practice or the Maternal and Child
Aid Practice afforded by the municipal government (excluding expenses
pertaining to the midwifery homes or the maternal and child living support
facilities established by the prefectural government);
(iii) Daycare expenses spent for the Daycare Practice at nursery centers
established by the municipal government;
(iv) Daycare expenses spent for the Daycare Practice at nursery centers
established by persons other than the prefectural government and the
57
municipal government;
(v) Expenses spent for the implementation of short-term Child Care Support
Services;
(vi) Expenses spent for the facilities of child welfare institutions established by
the municipal government and their personnel training facilities; and
(vii) Expenses spent for the Municipal Child Welfare Council.
Article 52 The national treasury shall, pursuant to the provisions of a Cabinet
Order, bear a half of such expenses set forth in Article 50 item (ix) and item
(vi) of the preceding Article as relating to the facilities of the institutions for
mentally retarded children, etc. (or a half to one-third thereof, if they are
relating to the facilities of daycare institutions for mentally retarded children,
institutions for blind or deaf children and institutions for orthopedically
impaired children).
Article 53 In addition to what is provided in the preceding Article, the national
treasury shall, pursuant to the provisions of a Cabinet Order, bear a half of the
expenses paid by local governments as provided in Article 50 (excluding items
(i) to (iii) inclusive, (v)-2 and (vi)-2) and Article 51 (excluding items (iii), (v) and
(vii)).
Article 53-2 The national treasury may, pursuant to the provisions of a Cabinet
Order, bear not more than a half of the expenses set forth in Article 50 item
(v)-2.
Article 54 Deleted
Article 55 The prefectural government shall, pursuant to the provisions of a
Cabinet Order, bear a quarter of the expenses set forth in Article 51 items (i),
(ii) and (iv).
Article 56 (1) In the case where expenses provided in Article 49-2 are paid by the
national treasury, the Minister of Health, Labor and Welfare may collect the
full amount of those expenses or part thereof from the referenced person or
his/her supporter under duty (which shall mean a supporter under duty
provided in the Civil Code; the same shall apply hereinafter) in accordance
with the financial capacity recognized by the prefectural governor.
(2) If a prefectural government has paid expenses provided in Article 50 items (v),
(vi), (vi)-3, (vii) and (vii)-2, or if a municipal government has paid expenses
provided in Article 51 items (i) and (ii), the head of such a prefecture or
municipality may collect the full amount of those expenses or part thereof from
58
the referenced person or his/her supporter under duty in accordance with
his/her financial capacity.
(3) If a prefectural government has paid daycare expenses provided in Article 50
item (vi)-2, or if a municipal government has paid daycare expenses provided in
Article 51 item (iii) or (iv), the head of such a prefectural or municipal
government may collect said daycare expenses from the referenced person or
his/her supporter under duty in the amount to be provided in accordance with
the age, etc. of the child pertaining to such Daycare Practice after considering
the impact on his/her household finances that will be caused by such collection.
(4) The affairs for collections and payments of the amounts prescribed in the
preceding paragraph may be entrusted to a private person pursuant to the
provisions of a Cabinet Order only when it is found that such entrustment will
contribute to the ensuring of income and promoting convenience and benefits to
the concerned persons or their supporter under duty.
(5) In the case where medical care benefits prescribed in Article 21-5 are
provided, the governor of the prefecture which is required to pay the expenses
spent therefor may order the referenced person or his/her supporter under duty
to pay the full amount of those expenses or part thereof, in accordance with
his/her financial capacity, to the medical institution providing the medical care
benefits prescribed in the same Article (referred to as a "Medical Institution" in
the following paragraph).
(6) When the referenced person or his/her supporter under duty has paid the
amount ordered to be paid pursuant to the provision of the preceding
paragraph, in full or in part, to the Medical Institution, said Medical
Institution's right of claim pertaining to the referenced expenses against the
prefectural government shall be extinguished to the extent paid as aforesaid.
(7) In the case where a measure provided in paragraph (5) is taken, when the
referenced person or his/her supporter under duty fails to pay the amount
ordered to be paid pursuant thereto, in full or in part, and thus the prefectural
government pays the amount of such unpaid expenses, the prefectural governor
may collect such unpaid amount from the referenced person or his/her
supporter under duty.
(8) When it is found necessary for the recognition of the financial capacity
pursuant to the provision of paragraph (1), for the collection of expenses
pursuant to the provision of paragraph (2) or (3), or for the order for payment
of expenses pursuant to the provision of paragraph (5), the prefectural
governor or the mayor of municipality may request the concerned public agency
to inspect necessary documents or provide necessary materials with regard to
the state of income of the referenced person or his/her supporter under duty.
(9) The collection of expenses pursuant to the provisions of paragraphs (1) to (3)
inclusive or paragraph (7) may be commissioned to the prefectural or municipal
59
government where the place of residence or the location of property of the
referenced person or his/her supporter under duty exists.
(10) When the amount of expenses collected pursuant to the provisions of
paragraphs (1) to (3) inclusive or paragraph (7) is not paid by the designated
due date, a disposition may be implemented by applying the rules for collection
of national tax delinquency, with regard to the expenses provided in paragraph
(1), and by applying the rules for collection of local tax delinquency, with
regard to the expenses provided in paragraph (2), (3) or (7). In this case, the
order of the statutory lien on the amount collected shall come after national
taxes and local taxes.
Article 56-2 (1) In the case falling under any of the following items, a prefectural
government and a municipal government may subsidize not more than three-
quarters (3/4) of the amount of expenses spent for new construction (limited to
new construction of child welfare institutions set up by social welfare
corporations formed pursuant to the provision of Article 31 paragraph (1) of the
Social Welfare Act), repair, renovation, expansion or improvement (hereinafter
referred to as "Construction, etc.") for child welfare institutions set up by
persons other than the national, prefectural and municipal governments
pursuant to the provision of Article 35 paragraph (4); provided, however, that
the total amount of the amounts subsidized by the prefectural and municipal
governments for any one child welfare institution shall not exceed three-
quarters (3/4) of the expenses spent for Construction, etc. of said child welfare
institution:
(i) When the child welfare institution is established by a social welfare
corporation established pursuant to the provision of Article 31 paragraph (1)
of the Social Welfare Act, the Japanese Red Cross Society or a non-profit
incorporated association or non-profit incorporated foundation; or
(ii) When no child welfare institution of the same kind established by the
national, prefectural or municipal government exists or the existing child
welfare institutions, if any, is/are insufficient in the region where the
referenced child welfare institution will be mainly utilized, regardless of the
necessity of a child welfare institution of the same kind in terms of the state
of distribution of children, their guardians or expectant and nursing mothers
in need of measures such as payments of Institutional Benefits for Disabled
Children, admission into those institutions, and the Daycare Practice, etc.
pursuant to this Act.
(2) When subsidies are disbursed for a child welfare institution pursuant to the
provision of the preceding paragraph, the Minister of Health, Labor and
Welfare, the prefectural governor and the mayor of municipality shall have the
authorities listed in the following items over said child welfare institution, in
60
addition to what is provided in Articles 46 and 58, in order to ensure that the
purpose of the subsidies will be effectively achieved:
(i) Instruct necessary change in the budget of the child welfare institution
when such budget is found inappropriate to achieve the effects of the
subsidies; and
(ii) Instruct dismissal of an employee of the child welfare institution when
he/she has violated this Act or any order pursuant to this Act or any
disposition imposed pursuant thereto
(3) The national treasury may subsidize not more than two-thirds (2/3) of the
amount subsidized by the prefectural government pursuant to the provision of
paragraph (1) for any one of the institution for mentally retarded children, etc.
Article 56-3 In any of the cases listed in the following items, the prefectural and
municipal governments may order the establisher of the child welfare
institution to which the subsidies have been granted to refund the full amount
of the subsidies already granted or part thereof:
(i) When the conditions for the grant of the subsidies are violated;
(ii) When the subsidies are granted by fraudulent or other wrongful means;
(iii) When an act in pursuit of profit is committed with regard to the operation
of the child welfare institution; or
(iv) When the child welfare institution violates this Act or any order pursuant
to this Act or any disposition imposed pursuant thereto.
Article 56-4 The national treasury may, within the scope of the budget, subsidize
a part of such expenses spent for commissioned child welfare volunteers
provided in Article 50 item (ii) as relating to the matters specified by the
Minister of Health, Labor and Welfare.
Article 56-5 The provisions of Article 58 paragraphs (2) to (4) inclusive of the
Social Welfare Act shall apply mutatis mutandis to a child welfare institution
to which any general property has been transferred or any loan has been
provided pursuant to the provision of Article 2 paragraph (2) item (ii) of the
Act on Special Measures concerning National Property (Act No. 219 of 1952) or
the provisions of Article 3 paragraph (1) item (iv) of the same Act and
paragraph (2) of the same Article.
Chapter V Miscellaneous Provisions
Article 56-6 (1) For the purpose of promoting welfare of children, local
governments shall facilitate mutual liaison and coordination in order to ensure
adequate implementation of the payments of Nursing Care Benefits, etc.,
61
Institutional Benefits for Disabled Children, Large-amount Institutional
Benefits for Disabled Children or Benefits for Meal Expenses, etc. for Specified
Institutionalized Disabled Children, the measures pursuant to the provision of
Article 21-6 or Article 27 paragraph (1) or (2) and the Daycare Practice, etc.,
and other kinds of guarantee of welfare.
(2) When performing their services or operating their institutions, the persons
engaged in children's self-reliant living assistance services or after-school child
sound upbringing services and the establishers of child welfare institutions
shall facilitate their mutual coordination and shall endeavor to provide
consultation to children and their families and afford other positive support in
line with the condition of each region.
Article 56-7 (1) By positively leasing or lending public property (which shall
mean the public property provided in Article 238 paragraph (1) of the Local
Autonomy Act) or taking other necessary measures, a municipality facing an
increasing demand for the Daycare Practice shall promote establishment or
operation of nursery centers by utilizing the abilities of social welfare
corporations and other various business operators and shall thereby increase
supply pertaining to the Daycare Practice efficiently and systematically.
(2) The national and prefectural governments shall provide necessary support
with regard to measures set forth in the preceding paragraph taken by the
municipal governments.
Article 56-8 (1) A municipality facing an increasing demand for the Daycare
Practice (limited to the municipalities falling under the requirements specified
by an Ordinance of the Ministry of Health, Labour and Welfare; referred to as
a "Specified Municipality" hereinafter in this Article) shall formulate a plan to
ensure the system for supplying the services for the Daycare Practice and the
Child Care Support Services specified by an ordinance of the competent
ministry and other services concerning daycare of children that are found
necessary by the Specified Municipality.
(2) When a Specified Municipality intends to formulate or revise a plan set forth
in the preceding paragraph (hereinafter referred to as a "Municipal Daycare
Plan"), the municipality shall take necessary measures in advance to reflect
the opinions of the residents.
(3) When a Specified Municipality formulates or revises a Municipal Daycare
Plan, it shall be publicized and submitted to the prefectural governor without
delay.
(4) A Specified Municipality shall publicize the state of the implementation of the
services stated in the Municipal Daycare Plan at least once a year.
(5) When a Specified Municipality finds particularly necessary for the
62
preparation of a Municipal Daycare Plan and the implementation of the
services stated therein, the Specified Municipality may request the
establishers of nursery centers, the persons engaged in Child Care Support
Services and other relevant persons to provide cooperation necessary to carry
out investigations.
Article 56-9 (1) In order to contribute to achieving the Municipal Daycare Plans
and ensuring the system for supplying the Daycare Practice and the Child Care
Support Services specified by an ordinance of the competent ministry and such
other services concerning daycare of children that the specified prefecture (as
defined below) finds necessary in the municipalities other than specified
municipalities, the prefecture facing an increasing demand for the Daycare
Practice (limited to the prefectures falling under the requirements specified by
an Ordinance of the Ministry of Health, Labour and Welfare; referred to as a
"Specified Prefecture" hereinafter in this Article) shall formulate a plan to
ensure said supply system from a cross-regional standpoint across the
respective municipalities.
(2) When a Specified Prefecture intends to formulate or revise a plan set forth in
the preceding paragraph (hereinafter referred to as "Prefectural Daycare
Plan"), the prefecture shall take necessary measures in advance to reflect the
opinions of the residents.
(3) When a Specified Prefecture formulates or revises a Prefectural Daycare Plan,
the prefecture shall be publicized and submitted to the Minister of Health,
Labor and Welfare without delay.
(4) When a Prefectural Daycare Plan is submitted pursuant to the provision of
the preceding paragraph, the Minister of Health, Labor and Welfare shall,
without delay, notify other minister having jurisdiction over Child Care
Support Services specified by an ordinance of the competent ministry set forth
in paragraph (1).
(5) A Specified Prefecture shall publicize the state of the implementation of the
services stated in the Prefectural Daycare Plan at least once a year.
(6) When a Specified Prefecture finds particularly necessary for the preparation
of a Prefectural Daycare Plan and the implementation of the services stated
therein, the Specified Prefecture may request the mayors of municipality, the
establishers of nursery centers, the persons engaged in Child Care Support
Services and other relevant persons to provide cooperation necessary to carry
out investigations.
Article 56-10 (1) A prefectural government shall endeavor to provide the
municipal governments with necessary advice and other assistance with regard
to technical matters concerning the preparation of a Municipal Daycare Plan.
63
(2) The competent minister shall endeavor to provide the prefectural
governments with necessary advice and other assistance with regard to the
method of the preparation of a Prefectural Daycare Plan and other technical
matters of importance concerning the preparation of Prefectural Daycare Plans.
Article 56-11 The national and local governments shall endeavor to provide the
persons engaged in the services that contribute to achieving a Municipal
Daycare Plan or a Prefectural Daycare Plan with assistance necessary for
smooth implementation of said services.
Article 57 A prefectural, municipal or other government may not impose any tax
or charge on a building and land listed in any of the following items; provided,
however, that this shall not apply to those that are made available for use with
charge:
(i) A building mainly utilized for a child welfare institution; or
(ii) The site for a building listed in the preceding item or any other land mainly
utilized for a child welfare institution.
Article 57-2 (1) When there is a person who receives Institutional Benefits for
Disabled Children, etc. by a deception or other wrongful means, the prefectural
government may collect the amount equivalent to such Institutional Benefits
for Disabled Children, etc., in full or in part, from that person.
(2) When any of the designated retarded child institutions, etc. receives
Institutional Benefits for Disabled Children or Benefits for Meal Expenses, etc.
for Specified Institutionalized Disabled Children or Institutional Medical
Expenses for Disabled Children by a deception or other wrongful act, the
prefectural government may cause said Designated Institution for Mentally
Retarded Children, etc. to refund the amount paid and additionally pay the
amount obtained by multiplying the amount to be refunded by forty-
hundredths (40/100).
(3) The amounts collected pursuant to the provisions of the preceding two
paragraphs shall be revenues specified by the act provided in Article 231-3
paragraph (iii) of the Local Autonomy Act.
Article 57-3 (1) When a prefectural government finds necessary for payments of
Institutional Benefits for Disabled Children, etc., the prefectural government
may order reporting or submission or presentation of documents and other
objects to the guardian of a disabled child, or the householder or any other
member of the family to which a disabled child belongs, or a person who used
to be said guardian, householder or family member, or may make said
prefecture's official ask them questions.
64
(2) The provision of Article 24-15 paragraph (2) shall apply mutatis mutandis to
the questioning pursuant to the provision of the preceding paragraph, and the
provision of paragraph (3) of the same Article shall apply mutatis mutandis to
the authority pursuant to the provision of the preceding paragraph.
Article 57-4 When a prefectural government finds necessary for payments of
Institutional Benefits for Disabled Children, etc., the prefectural government
may request the concerned public agency to inspect necessary documents or
provide necessary materials with regard to the state of assets or income of the
guardian of a disabled child, or the householder or any other member of the
family to which a disabled child belongs, or may request reporting from banks,
trust corporations and other bodies or the employer of the guardian of the
disabled child and other relevant persons.
Article 57-5 (1) Taxes and other charges may not be imposed based on the money
and goods paid or provided pursuant to this Act
(2) The right to receive Institutional Benefits for Disabled Children, etc. may not
be transferred, hypothecated nor seized.
(3) In addition to what is prescribed in the preceding paragraph, the money and
goods paid or provided pursuant to this Act may not be seized, regardless of
whether they have already been paid or provided or not.
Article 58 When a child welfare institution established pursuant to the provision
of Article 35 paragraph (4) violates this Act or any order pursuant to this Act
or any disposition imposed pursuant thereto, the prefectural governor may
rescind the approval set forth in the same paragraph.
Article 59 (1) When the prefectural governor finds necessary for the welfare of
children with regard to an institution intended for any of the services provided
in Articles 36 to 44 inclusive for which the notification set forth in Article 35
paragraph (iii) has not been made or the approval set forth in paragraph (iv) of
the same Article has not been obtained (including institutions for which the
approval as a child welfare institution has been rescinded pursuant to the
provision of the preceding Article), the prefectural governor may request its
establisher or manager to report the matters found necessary by the
prefectural governor or cause said prefecture's official to enter any of its offices
or facilities or to conduct necessary investigations or ask questions in relation
to the facilities or operation of the institution. In this case, the prefectural
governor shall make the official carry his/her certification for identification.
(2) The provision of Article 18-16 paragraph (3) shall apply mutatis mutandis to
the case referred to in the preceding paragraph.
65
(3) A prefectural governor may, when he/she finds necessary for the welfare of
children, recommend the establisher of an institution provided in paragraph (1)
to improve the facilities or operation of the institution, or give any other
recommendation to him/her.
(4) When the establisher of the institution receiving a recommendation set forth
in the preceding paragraph fails to follow the recommendation, the prefectural
governor may publicize such failure.
(5) With regard to an institution provided in paragraph (1), a prefectural
governor may, when he/she finds necessary for welfare of children, order
suspension of its services or its closing, after hearing opinions from the
Prefectural Child Welfare Council.
(6) In the case of urgent necessity to ensure the life or physical safety of a child,
when there is not much time to hear opinions from the Prefectural Child
Welfare Council in advance, the prefectural governor may give an order set
forth in the preceding paragraph without taking said procedure for hearing.
(7) In the case where a recommendation set forth in paragraph (3) or an order set
forth in paragraph (5) is given, the prefectural governor shall notify the mayor
of municipality having jurisdiction over the location of the referenced
institution to that effect.
Article 59-2 (1) With regard to an institution intended for the services provided
in Article 39 paragraph (1) (excluding institutions targeting a small number of
infants or toddlers and other facilities as specified by an Ordinance of the
Ministry of Health, Labour and Welfare) for which the approval set forth in
Article 35 paragraph (4) has not been obtained (including institutions for
which the approval as a child welfare institution has been rescinded pursuant
to the provision of Article 58), the establisher of the institution shall notify the
prefectural governor of the matters listed in the following items within 1
month from the date of commencement of its services (or from the date of
rescission of the approval, in the case of a child welfare institution for which
the approval has been rescinded pursuant to the provision of Article 58):
(i) Name and location of the institution;
(ii) Name and address, or name and location, of the establisher;
(iii) Scale and structure of buildings and other facilities;
(iv) Date of commencement of the services;
(v) Name and address of the manager of the institution; and
(vi) Other matters specified by an Ordinance of the Ministry of Health, Labour
and Welfare.
(2) When any change arises in such matters as specified in an Ordinance of the
Ministry of Health, Labour and Welfare included in the notification pursuant
to the provision of the preceding paragraph, the establisher of the institution
66
prescribed in the same paragraph shall notify the prefectural governor within 1
month from the date of such change. The same shall apply when the services of
the institution has been abolished or suspended.
(3) When notification is made pursuant to the provisions of the preceding two
paragraphs, the prefectural governor shall give notice of the matters
pertaining to said notification to the mayor of municipality having jurisdiction
over the location of the referenced institution.
Article 59-2-2 The establisher of an institution prescribed in paragraph (1) of the
preceding Article shall post the matters listed in the following items in a place
easily viewable for persons who intend to use the services provided in said
institution:
(i) Name of the establisher of the institution and name of its manager;
(ii) Scale and structure of buildings and other facilities; and
(iii) Other matters specified by an Ordinance of the Ministry of Health, Labour
and Welfare.
Article 59-2-3 When the establisher of an institution prescribed in Article 59-2
paragraph (1) receives an application from a person who intends to use the
services provided in said institution, the establisher shall endeavor to explain
the matters concerning the contents of a contract for use of said services and
the performance thereof.
Article 59-2-4 When a contract for use of the services provided in an institution
prescribed in Article 59-2 paragraph (1) has been executed, the establisher of
said institution shall, without delay, deliver to the user a document stating the
matters listed in the following items:
(i) Name and address, or name and location, of the establisher;
(ii) Matters concerning the amounts payable by the user for provision of said
services; and
(iii) Other matters specified by an Ordinance of the Ministry of Health, Labour
and Welfare.
Article 59-2-5 (1) The establisher of an institution provided in Article 59-2
paragraph (1) shall report the state of the operation of said institution to the
prefectural governor every year pursuant to the provisions of Ordinance of the
Ministry of Health, Labour and Welfare.
(2) A prefectural governor shall annually compile the state of the operation of the
institutions pertaining to the reports set forth in the preceding paragraph and
other matters found necessary for welfare of children with regard to the
institutions provided in Article 59-2 paragraph (1) and notify the mayor of
67
municipality having jurisdiction over the location of the respective institution
of such compilation and publicize the same.
Article 59-2-6 With regard to the execution of the affairs and the exercise of the
authorities provided in Article 59, Article 59-2 and the preceding Article, a
prefectural governor may request necessary cooperation from the mayors of
municipalities.
Article 59-2-7 With regard to the application of this Act in the case where some
towns and villages have established a Welfare Office by setting up an
administrative association or cross-regional federation, said association or
federation shall be deemed to be a town or village establishing a Welfare Office.
Article 59-3 In the case where a prefecture or municipality pertaining to the
Midwifery Care Practice and the Maternal and Child Aid Practice is changed
due to the establishment or abolition of a Welfare Office by a town or village,
the acts done by the head of the prefecture or municipality pertaining to said
Midwifery Care Practice or Maternal and Child Aid Practice before such
change pursuant to the provision of this Act or orders issued pursuant to this
Act shall be deemed to be the acts done by the head of the prefecture or
municipality pertaining to said Midwifery Care Practice or Maternal and Child
Aid Practice after such change; provided, however, that no change shall be
regarded to have arisen with regard to the payments and burden of the
expenses for the Midwifery Care Practice or the Maternal and Child Aid
Practice that were, or should have been, provided before such change.
Article 59-4 (1) With regard to a designated city set forth in Article 252-19
paragraph (1) of the Local Autonomy Act (hereinafter referred to as
"Designated City") and a core city set forth in Article 252-22 paragraph (1) of
the same Act (hereinafter referred to as "Core City"), and a city specified by a
Cabinet Order as the one establishing a child guidance center (hereinafter
referred to as "City with Child Guidance Center"), the affairs specified by a
Cabinet Order that are supposed to be handled by a prefectural government
under this Act shall be handled by the Designated City or Core City or the City
with Child Guidance Center (hereinafter referred to as "Designated Cities,
etc.") pursuant to the provisions of a Cabinet Order. In this case, the provisions
concerning prefectures in this Act shall apply to Designated Cities, etc. as if
they were the provisions concerning Designated Cities, etc.
(2) A person who has an objection to the prefectural governor's determination on
a request for examination pertaining to a disposition imposed by the head of
any of the Designated Cities, etc. pursuant to the provision of the preceding
68
paragraph (limited to the dispositions pertaining to the category 1 statutory
entrusted affairs provided in Article 2 paragraph (9) item (i) of the Local
Autonomy Act) may request the Minister of Health, Labor and Welfare to
conduct re-examination.
(3) A prefectural governor may provide the head of a City with Child Guidance
Center with recommendation, advice or assistance necessary to ensure smooth
operation of such a child guidance center.
(4) In addition to what is provided for in this Act, necessary matters concerning a
City with Child Guidance Center shall be prescribed by a Cabinet Order.
Article 59-5 (1) When the Minister of Health, Labor and Welfare finds an urgent
necessity to protect the interests of a child, the affairs that are supposed to be
placed under the prefectural governor's authority pursuant to the provisions of
Article 21-4 paragraph (1), Article 34-4 paragraph (1), Article 34-5, Article 46
and Article 59 shall be conducted by the Minister of Health, Labor and Welfare
or the prefectural governor.
(2) In the case referred to in the preceding paragraph, the provisions concerning
prefectures in this Act (limited to those pertaining to the referenced affairs)
shall apply to the Minister of Health, Labor and Welfare as if they were the
provisions concerning the Minister of Health, Labor and Welfare. In this case,
the phrases "suspend his/her services after hearing opinions from the
Prefectural Child Welfare Council" referred to in Article 46 paragraph (4) and
"suspension of its services or its closing, after hearing opinions from the
Prefectural Child Welfare Council" referred to in Article 59 paragraph (5) shall
be deemed to be replaced with "suspend his/her services" and suspension of its
services or its closing" respectively.
(3) When the referenced affairs are conducted by the Minister of Health, Labor
and Welfare or the prefectural governor in the case referred to in paragraph (1),
they shall be conducted under mutually close coordination.
Article 59-6 The affairs that are supposed to be handled by a prefectural
government pursuant to the provision of Article 56 paragraph (1) shall be the
category 1 statutory entrusted affairs provided in item (i) of Article 2
paragraph (9) of the Local Autonomy Act.
Article 59-7 (1) The competent minister referred to in Article 56-10 paragraph
(2) shall be the Minister of Health, Labor and Welfare; provided, however, that,
with regard to the matters concerning such assistance set forth in the same
paragraph as pertaining to the Child Care Support Services that are placed
under the jurisdiction of other minister (limited to the services specified by an
ordinance of the competent ministry set forth in Article 56-9 paragraph (1)),
69
both the Minister of Health, Labor and Welfare and the minister having
jurisdiction over such services shall be the competent ministers.
(2) The ordinance of the competent ministry referred to in this Act shall be an
Ordinance of the Ministry of Health, Labour and Welfare; provided, however,
that, with regard to the matters concerning such services falling under those
listed in the respective items of Article 21-9 that are placed under the
jurisdiction of the minister other than the Minister of Health, Labor and
Welfare, the orders issued respectively by the Minister of Health, Labor and
Welfare and the minister having jurisdiction over such services shall be the
competent ministry's orders.
Article 59-8 (1) The authorities of the Minister of Health, Labor and Welfare
provided in this Act may be delegated to the Director General of each Regional
Bureau of Health and Welfare pursuant to the provisions of Ordinance of the
Ministry of Health, Labour and Welfare.
(2) The authorities delegated to the Director General of the Regional Bureau of
Health and Welfare pursuant to the provision of the preceding paragraph may
be further delegated to the Director General of each Regional Branch Bureau of
Health and Welfare pursuant to the provisions of Ordinance of the Ministry of
Health, Labour and Welfare.
Chapter VI Penal Provisions
Article 60 (1) A person who violates the provision of Article 34 paragraph (1)
item (vi) shall be punished by imprisonment with work for not more than 10
years or a fine of not more than 3,000,000 yen, or by cumulative imposition of
both of them.
(2) A person who violates any of the provisions of items (i) to (v) inclusive or
Article 34 paragraph (1) items (vii) to (ix) inclusive shall be punished by
imprisonment with work for not more than 3 years or a fine of not more than
1,000,000 yen, or by cumulative imposition of both penalties.
(3) A person who violates the provision of Article 34 paragraph (2) shall be
punished by imprisonment with work for not more than 1 year or a fine of not
more than 500,000 yen.
(4) A person who employs a child may not be exculpated from the punishments
pursuant to the provisions of the preceding three paragraphs for reasons of not
knowing the age of the child; provided, however, that this shall not apply when
the person is not negligent.
(5) When a representative of a juridical person or an agent, employee or other
worker of a juridical person or individual causes a violation set forth in
paragraphs (1) to (3) inclusive with regard to the business of said juridical
70
person or individual, not only offender shall be punished but also said juridical
person or individual shall be punished by the fine prescribed in the respective
paragraphs.
(6) Crimes set forth in paragraph (2) (limited to the portions pertaining to the
persons who violate any of the provisions of Article 34 paragraph (1) items (vii)
and (ix) shall be governed by Article 4-2 of the Penal Code.
Article 61 When a person who is, or used to be, engaged in consultation,
investigations and judgment in a child guidance center divulges any secret
coming to his/her knowledge in the course of duties without justifiable ground,
he/she shall be punished by imprisonment with work for not more than 1 year
or a fine of not more than 500,000 yen.
Article 61-2 (1) A person who violates the provision of Article 18-22 shall be
punished by imprisonment with work for not more than 1 year or a fine of not
more than 500,000 yen.
(2) With regard to a crime set forth in the preceding paragraph, no prosecution
may be instituted without complaint.
Article 61-3 A person who violates the provision of Article 18-8 paragraph (4),
Article 18-12 paragraph (1), Article 21-12 or Article 25-5 shall be punished by
imprisonment with work for not more than 1 year or a fine of not more than
500,000 yen.
Article 61-4 A person who violates an order for suspension of the services or
closing of an institution pursuant to the provision of Article 46 paragraph (4)
or Article 59 paragraph (5) shall be punished by imprisonment with work or
imprisonment for not more than 6 months or a fine of not more than 500,000
yen.
Article 61-5 A person, who refuses, interferes with, or recuses the execution of
duties by a commissioned child welfare volunteer or by an employee engaged in
the affairs concerning welfare of children pursuant to the provision of Article
29, or fails to answer a question or makes a false answer or makes a child to
refrain from answering or make a false answer, without justifiable ground,
shall be punished by a fine of not more than 500,000 yen.
Article 61-6 When an officer or employee of a Designated Examining Body fails
to make a report pursuant to the provision of Article 18-16 paragraph (1) or
makes a false report, or fails to answer a question pursuant to the provision of
the same paragraph or makes a false answer, or refuses, interferes with, or
71
recuses the entry or inspection pursuant to the provision of the same
paragraph, without justifiable ground, the officer or employee causing such
violation shall be punished by a fine of not more than 300,000 yen.
Article 62 A person who falls under any of the following items shall be punished
by a fine of not more than 300,000 yen:
(i) A person who uses the name of nursery teacher during the period for which
he/she is ordered to suspend the use of the name of nursery teacher pursuant
to the provision of Article 18-19 paragraph (2);
(ii) A person who violates the provision of Article 18-23;
(iii) A person who fails to make reporting pursuant to the provision of
paragraph (1) of Article 21-14 or makes a false report, or fails to answer a
question pursuant to the provision of the same paragraph or makes a false
answer, or refuses, interferes with, or recuses the entry or inspection
pursuant to the provision of the same paragraph, without justifiable ground;
(iv) A person who fails to make a report pursuant to the provision of Article 24-
15 paragraph (1) or submit or present an object, or makes a false report or
submits or presents a false object, or fails to answer a question pursuant to
the provision of the same paragraph or makes a false answer, or refuses,
interferes with, or recuses the entry or inspection pursuant to the provision
of the same paragraph, without justifiable ground;
(v) A person who refuses, interferes with, or recuses the execution of duties by
a commissioned child welfare volunteer or by an employee engaged in the
affairs concerning welfare of children pursuant to the provision of Article 29,
or fails to answer a question or makes a false answer or makes a child to
refrain from answering or make a false answer, without justifiable ground;
(vi) A person who neglects to give notification provided in Article 30 paragraph
(1); or
(vii) A person who fails to make a report pursuant to the provision of
paragraph (1) of Article 59 or makes a false report, or refuses, interferes with,
or recuses the entry and inspection pursuant to the provision of the same
paragraph, or fails to answer a question pursuant to the provision of the
same paragraph or makes a false answer, without justifiable ground.
Article 62-2 A person who fails to give notification pursuant to the provision of
Article 59-2 paragraph (1) or (2) or gives false notification shall be punished by
a civil fine of not more than 500,000 yen.
Article 62-3 A prefectural government may, in a Prefectural Ordinance,
prescribe a provision to impose a civil fine of not more than 100,000 yen on a
person who falls under any of the following items:
72
(i) A person who is unwilling to comply with a request for return of the
Institutional Beneficiary Certificate pursuant to the provision of Article 24-4
paragraph (2); or
(ii) A person who fails to make a report pursuant to the provision of Article 57-
3 paragraph (1) or submit or present an object, or makes a false report or
submits or presents a false object, or fails to answer a question pursuant to
the provision of the same paragraph or makes a false answer, without
justifiable ground.
Supplementary Provisions [Extract]
Article 63 This Act shall come into force as from January 1, 1948; provided,
however, that the provisions of Article 19, Articles 22 to 24 inclusive, Article 50
items (iv), (vi), (vii) and (ix) (excluding the portions concerning the facilities of
child guidance centers), Article 51, Article 54 and Article 55, and the portions
concerning the aforesaid provisions referred to in the provisions of Articles 52,
53 and 56 shall come into force as from April 1, 1948.
Article 63-2 (1) For the time being, with regard to a child admitted in an
institution for mentally retarded children (excluding those established by the
national government) pursuant to the provision of Article 27 paragraph (1)
item (iii) whose level of the disability is serious, when a prefectural governor
finds that welfare of the child is likely to be impaired unless his/her admission
is continued, the prefectural government may, notwithstanding the provision of
Article 31 paragraph (2), take a measure to continue his/her admission even
after he/she attains the age of 20.
(2) For the time being, with regard to a child admitted in an institution for
orthopedically impaired children pursuant to the provision of Article 27
paragraph (1) item (iii) or a child provided in Article 43-3 and hospitalized in a
Designated Medical Institution based on an entrustment pursuant to
paragraph (2) of the same Article whose level of the disability is serious, when
a prefectural governor finds that welfare of the child is likely to be impaired
unless his/her admission or hospitalization is continued, the prefectural
government may, notwithstanding the provision of Article 31 paragraph (3),
take a measure to continue his/her admission in the institution for
orthopedically impaired children or the entrustment pursuant to the provision
of Article 27 paragraph (2), or change either of these two measures to the other
one, even after he/she attains the age of 20.
(3) With regard to the application of this Act, the measure provided in the
preceding two paragraphs shall be deemed to be a measure provided in Article
27 paragraph (1) item (iii) or paragraph (2) of the same Article.
73
(4) In the case referred to in paragraph (1) or (2), the prefectural governor shall
hear opinions from the child guidance center's director.
Article 63-3 (1) For the time being, a prefectural government may, when he/she
finds necessary, admit a person of 18 years of age or more who has both severe
mental retardation and severe Limb/Trunk Dysfunction in an institution for
severely-retarded children or entrust a Designated Medical Institution to
hospitalize him/her and provide therapy, etc. to him/her.
(2) With regard to the application of this Act, the measure provided in the
preceding paragraph shall be deemed to be a measure prescribed in Article 27
paragraph (1) item (iii) or item (ii) of the same Article.
Article 63-3-2 (1) For the time being, with regard to a disabled child under
Admission, etc. in any of the designated retarded child institutions, etc.
specified by an Ordinance of the Ministry of Health, Labour and Welfare
(hereinafter referred to as "Admittee" in this paragraph), when a prefectural
government finds that welfare of the Admittee is likely to be impaired unless
the Designated Institutional Support for him/her is continued, the prefectural
government may, notwithstanding the provision of Article 24-2 paragraph (1),
Article 24-6 paragraph (1), Article 24-7 paragraph (1) or Article 24-20
paragraph (1), continue to pay or provide Institutional Benefits for Disabled
Children, etc. to said Admittee based on his/her application, pursuant to the
provisions of Ordinance of the Ministry of Health, Labour and Welfare, until
said Admittee becomes able to adapt him/herself to social life, even after he/she
attains the age of 18; provided, however, that this shall not apply to the case
where said Admittee can receive the treatment and care services provided in
Article 5 paragraph (5) of the Act on Self-reliance Support for Persons with
Disabilities (hereinafter referred to as "Treatment and Care Services") or other
support.
(2) For the time being, with regard to a person of 18 years of age or more who has
both severe mental retardation and severe Limb/Trunk Dysfunction, when a
prefectural government finds that the welfare of the child is likely to be
impaired unless he/she receives Designated Institutional Support pertaining to
severely-retarded child institution, the prefectural government may,
notwithstanding the provision of Article 24-2 paragraph (1), Article 24-6
paragraph (1), Article 24-7 paragraph (1) or Article 24-20 paragraph (1),
continue to pay or provide to said person Institutional Benefits for Disabled
Children, etc. pertaining to institutional support for severely-retarded children
based on said person's application, pursuant to the provisions of Ordinance of
the Ministry of Health, Labour and Welfare; provided, however, that this shall
not apply to the case where he/she can receive the Treatment and Care
74
Services or other support.
(3) With regard to a person who is eligible for Institutional Benefits for Disabled
Children, etc. pursuant to the provisions of the preceding two paragraphs,
he/she shall be deemed to be a disabled child or the guardian of a disabled
child and the provisions of Articles 24-2 to 24-7 inclusive and Articles 24-19 to
24-22 inclusive shall apply. In this case, necessary terminological replacements
shall be prescribed by a Cabinet Order.
(4) In the case referred to in paragraph (1), the prefectural governor shall hear
opinions from the child guidance center's director.
Article 63-4 For the time being, with regard to a child of 15 years of age or more
as prescribed in Article 26 paragraph (1) to whom a physically disabled
certificate is issued pursuant to the provision of Article 15 paragraph (4) of the
Physically Disabled Welfare Act, when the child guidance center's director
finds appropriate to admit the child into a disabled person support institution
provided in Article 5 paragraph (12) of the Act on Self-reliance Support for
Persons with Disabilities (referred to as a "Disabled Person Support
Institution" in the following Article) or use Disabled Person Welfare Services
(limited to the services targeting only persons with disabilities provided in
Article 4 paragraph (1) of the same Act; the same shall apply in the following
Article), the child guidance center's director may notify the head of the
municipality provided in Article 9 of the Physically Disabled Welfare Act or
Article 19 paragraph (2) or (3) of the Act on Self-reliance Support for Persons
with Disabilities.
Article 63-5 For the time being, with regard to a child of 15 years of age or more
as provided in Article 26 paragraph (1), when the child guidance center's
director finds appropriate to admit the child into a Disabled Person Support
Institution or use Disabled Person Welfare Services, the child guidance center's
director may notify the head of the municipality provided in Article 9 of the
Retarded Person Welfare Act or Article 19 paragraph (2) or (3) of the Act on
Self-reliance Support for Persons with Disabilities.
Article 65 The Child Abuse Prevention Act and the Juvenile Education and
Protection Act shall be abolished; provided, however, that these acts shall
remain in force with regard to the application of the penal provisions to an act
done prior to their abolition.
Article 66 A disposition imposed by a prefectural governor pursuant to the
provision of Article 2 of the Child Abuse Prevention Act shall be deemed to be a
measure pursuant to the applicable provision of this Act.
75
Article 67 A juvenile education and protection center and its personnel training
school pursuant to the Juvenile Education and Protection Act actually existing
upon the coming into force of this Act shall be deemed to be an education and
protection center and a personnel training facility established pursuant to this
Act, and a person institutionalized in a juvenile education and protection
center shall be deemed to be a person institutionalized in an education and
protection center pursuant to the provision of Article 27 paragraph (1) item (iii).
Article 68 With regard to a juvenile education and protection center for which
the curriculum has been approved by the Minister of Education pursuant to the
proviso of Article 24 paragraph (1) of the Juvenile Education and Protection
Act and which actually exists upon the coming into force of this Act, said center
shall be deemed to have obtained approval set forth in Article 20 or 38 of the
School Education Act from the supervising agency for the matters concerning
the curriculum pursuant to the provision of Article 48 paragraph (3).
Article 69 A child aid institution actually existing upon the coming into force of
this Act and falling under an aid institution pursuant to the Public Assistance
Act shall be deemed to be a child welfare institution established pursuant to
the provisions of this Act.
Article 70 A child welfare institution actually existing upon the coming into
force of this Act and not falling under the provision of Article 67 nor the
preceding Article may continue to exist as a child welfare institution pursuant
to this Act by obtaining approval from the administrative agency pursuant to
the provisions of an Order.
Article 71 The provisions of Article 34 paragraph (1) items (iii) to (v) inclusive
shall not apply to a child of 14 years of age or more who completed the course
of compulsory education or a course that is found equivalent or superior
thereto pursuant to the provision of Article 96 of the School Education Act.
Article 72 (1) For the time being, the national government may, within the scope
of the budget, provide loans without interest to a prefectural government
(including Designated Cities, etc., in the case where they handle the affairs set
forth in Article 56-2 paragraph (1) that are supposed to be handled by a
prefectural government pursuant to the provision of Article 59-4 paragraph (1);
the same shall apply hereinafter in this paragraph and paragraph (7)), and any
such loan shall be in the amount equivalent to the amount that can be
subsidized by the national government pursuant to the provision of Article 56-2
76
paragraph (3) (including the provisions of the laws and regulations, if any,
which provide for other different percentages that can be subsidized by the
national government; the same shall apply hereinafter). Such loans shall be
funded to be appropriated to the expenses subsidized by said prefectural
government to social welfare corporations established pursuant to the
provision of Article 31 paragraph (1) of the Social Welfare Act, the Japanese
Red Cross Society or non-profit incorporated associations or non-profit
incorporated foundations, if such subsidies from said prefectural government
are granted for the expenses spent for such Construction, etc. of institutions
for mentally retarded children, etc. that can be subsidized by the national
government pursuant to the provision of pursuant to the provision of Article
56-2 paragraph (3) and that falls under Article 2 item (ii) paragraph (1) of the
Act on Special Measures concerning Promotion of Development of
Infrastructures by Utilization of Revenues from the Sale of Shares of Nippon
Telegraph and Telephone Corporation (Act No. 86 of 1987) (hereinafter
referred to as "Act on Special Measures concerning Infrastructure
Development").
(2) For the time being, the national government may, within the scope of the
budget, provide loans without interest to a prefectural or municipal
government for part of the funds appropriated to the expenses spent for such
new construction, repair, renovation, expansion or improvement of child and
family support centers as falling under Article 2 paragraph (1) item (ii) of the
Act on Special Measures concerning Infrastructure Development.
(3) For the time being, the national government may, within the scope of the
budget, provide loans without interest to a prefectural government or a
Designated City, etc. with regard to the expenses spent for such new
construction, repair, renovation, expansion or improvement (excluding those
for which the national government provides subsidies for expenses pursuant to
the provision of Article 56-2 paragraph (3)) of institutions that is intended for
the services for providing the aid for children or pursuing sound upbringing of
children and that falls under Article 2 paragraph (1) item (ii) of the Act on
Special Measures concerning Infrastructure Development. If such new
construction, repair, renovation, expansion or improvement is implemented by
said prefectural government or Designated City, etc., the loans from the
national government shall be provided for part of funds to be appropriated to
the expenses spent therefor by said prefectural government or Designated City,
etc., and if implemented by a municipal government or a social welfare
corporation other than Designated Cities, etc., the loans from the national
government shall be provided for part of funds to be appropriated to the
expenses subsidized therefor by said prefectural government or Designated
City, etc.
77
(4) For the time being, the national government may, within the scope of the
budget, provide loans without interest to a prefectural or municipal
government or a person engaged in the services necessary for improvement of
the medical treatment environment for children in need of long-term medical
treatment in a Medical Institution (hereinafter referred to as "Children under
Long-term Treatment") for part of funds to be appropriated to expenses spent
for such new construction, repair, renovation, expansion or improvement of
lodging facilities for family members of Children under Long-term Treatment
as falling under Article 2 paragraph (1) item (ii) of the Act on Special Measures
concerning Infrastructure Development.
(5) The period for reimbursement of loans from the national government set forth
in any of the preceding paragraphs shall be a period not exceeding 5 years
(inclusive of a grace period not exceeding 2 years) as specified by a Cabinet
Order.
(6) In addition to what is prescribed in the preceding paragraph, the method of
reimbursement of loans, acceleration of the reimbursement period and other
necessary matters concerning reimbursements pursuant to the provisions of
paragraphs (1) to (4) inclusive shall be prescribed by a Cabinet Order.
(7) In the case where a loan is provided to a prefectural government pursuant to
the provision of paragraph (1), the national government shall subsidize the
amount equivalent to said loan amount pursuant to the provision of Article 56-
2 item (iii) with regard to the services to be covered by said loan, and said
subsidy shall be given by means of granting the amount equivalent to the
amount of said loan reimbursement at the times of such reimbursements.
(8) In the case where a loan is provided to a prefectural or municipal government
or a person engaged in the services necessary for the improvement of the
medical treatment environment for Children under Long-term Treatment
pursuant to the provisions of paragraphs (2) to (4) inclusive, the national
government shall subsidize the amount equivalent to the loan amount with
regard to the services to be covered by said loan, and said subsidy shall be
given by means of granting the amount equivalent to the amount of said loan
reimbursement at the times of such reimbursements.
(9) With regard to the application of the provisions of the preceding two
paragraphs in the case where a prefectural or municipal government or a
person engaged in the services necessary for the improvement of the medical
treatment environment for Children under Long-term Treatment redeems the
loan amount without interest provided pursuant to the provisions of
paragraphs (1) to (4) inclusive by accelerating the reimbursement period
specified pursuant to the provisions of paragraphs (5) and (6) (excluding the
cases specified by a Cabinet Order), said accelerated reimbursements shall be
deemed to be made upon the maturity dates for said original reimbursement
78
period.
Article 73 With regard to the application of the provisions of Articles 53 and 55
in fiscal 1985, the term "eight-tenths (8/10)" referred to in Article 53 shall be
replaced with "seven-tenths (7/10)", and the term "one-tenth (1/10)" referred to
in Article 55 shall be replaced with "one and a half-tenths (1.5/10)".
Article 74 With regard to the application of the provisions of Articles 53 and 55
in the respective fiscal years from fiscal 1986 to fiscal 1988, the term "eight-
tenths (8/10)" referred to in Article 53 shall be replaced with "five-tenths
(5/10)", and the term "one-tenth (1/10)" referred to in Article 55 shall be
replaced with "two and a half-tenths (2.5/10)".
Supplementary Provisions [Act No. 135 of November 30, 2001 Extract]
[Extract]
(Effective Date)
Article 1 This Act shall come into force as from the dates prescribed respectively
in the following items in accordance with the classification listed in said items:
(i) The provision adding a new Article after Article 56-6 and the provision of
the following Article: The day of promulgation;
(ii) The portion of the provision revising the Table of Contents to replace
"Section 3 Child Welfare Officer and Commissioned Child Welfare Volunteer
(Articles 11 through 14), Section 4. Child Guidance Center, Welfare Office
and public health center (Articles 15 through 18-3)" with "Section 3 Child
Welfare Officer (Articles 11 through 11-3), Section 4. Commissioned Child
Welfare Volunteer (Articles 12 through 14), Section 5 Child Guidance Center,
Welfare Office and Health Center (Articles 15 through 18-3)", the provision
renaming Chapter 1 Section 3, the provisions adding two new Articles after
Article 11, the provisions in Chapter 1 renumbering Section 4 to Section 5
and adding the name of a new Section before Article 12, the provision
revising Article 12, the provision adding a new Article after Article 12, the
provision revising Article 13, the provision adding a new Article after Article
13, and the provision revising Article 14, and the provisions of Articles 7 to 9
inclusive of these Supplementary Provisions: December 1, 2001;
(iii) The portion of the provision revising the Table of Contents to replace
"Chapter 5 Miscellaneous Provisions (Articles 56-6 through 62-2)" with
"Chapter 5 Miscellaneous Provisions (Articles 56-6 through 59-7), Chapter 6
Penal Provisions (Articles 60 through 62-2)", the provision revising Article 46
paragraph (4), the provisions revising Article 59 paragraphs (1) and (3), the
provisions adding two new paragraphs after Article 59 paragraph (2), the
79
provisions adding other two new paragraphs in Article 59, the provisions
renumbering Article 59-2 to Article 59-2-7 and adding six new Articles after
Article 59, the provision revising Article 59-5 paragraph (2), the provision
adding the name of a new Chapter after Article 59-7, the provisions adding
three new Articles after Article 60 (limited to the portions pertaining to
Article 60-4), and the provision revising Article 62-2, and the provisions of
Articles 6 and 10 of these Supplementary Provisions: The date specified by a
Cabinet Order within a period not exceeding 1 year from the day of
promulgation; and
(iv) The provisions other than those listed in the preceding three items: The
date specified by a Cabinet Order within a period not exceeding 2 years from
the day of promulgation.
(Preparation for Enforcement)
Article 4 A person specified by a Cabinet Order as actually possessing the
knowledge and skills necessary as a nursery teacher upon the coming into force
of the provisions listed in Article 1 item (iv) of these Supplementary Provisions
shall be deemed to be a person qualified as a nursery teacher provided in
Article 18-6 of the revised Act.
Article 5 With regard to a person provided in the preceding Article who has not
yet been registered pursuant to the provision of Article 18-18 paragraph (1) of
the revised Act (excluding persons who fall under any of the items of Article
18-5 of the revised Act), the provision of Article 18-23 of the revised Act shall
not apply for 3 years following the coming into force of the provisions listed in
Article 1 item (iv) of these Supplementary Provisions.
Supplementary Provisions [Act No. 153 of December 3, 2004 Extract]
[Extract]
(Effective Date)
Article 1 This Act shall come into force as from January 1, 2005; provided,
however, that the provisions listed in the following items shall come into force
as from the dates prescribed respectively in said items:
(i) The provisions of Article 1 of this Act revising Article 12-2 of the Child
Welfare Act, revising Article 37 of the same Act (limited to the portion to add
"ensuring steady living environment" in relation to the phrase "in terms of
healthcare" and the portion to delete "under 2 years of age in general" in
relation to those infants referred to therein) and revising Article 41 of the
same Act (limited to the portion to replace "children without guardian
excluding infants" with "children without guardian (excluding infants;
80
provided, however, that infants shall be also included in the case where it is
particularly necessary for ensuring steady living environment or due to other
reasons; the same shall apply hereinafter in this Article)"): The day of
promulgation;
(ii) The provisions of Article 1 of this Act revising Articles 34 and 60 of the
Child Welfare Act, and the provisions of Article 5 of these Supplementary
Provisions: The date on which the Optional Protocol to the Convention on the
Rights of the Child on the Sale of Children, Child Prostitution and Child
Pornography will come into force with regard to Japan;
(iii) The provisions of Article 2 of this Act (excluding the revision provisions
listed in the following item) and the provisions of Articles 3, 4, 6 and 10 of
these Supplementary Provisions (excluding the revision provisions listed in
the following item): April 1, 2005; and
(iv) The provisions of Article 2 of this Act revising Article 59-4 of the Child
Welfare Act and the provision of Article 10 of these Supplementary
Provisions revising Article 16 of the Act on the Prevention, etc. of Child
Abuse (Act No. 82 of 2000): April 1, 2006.
(Transitional Measures concerning Entrusted guardian)
Article 2 With regard to a child actually committed to an entrusted guardian
pursuant to the provision of Article 27 paragraph (1) item (iii) of the Child
Welfare Act prior to the revision pursuant to the provision of Article 1 of this
Act (hereinafter referred to as "Old Act") upon the coming into force of this Act,
a prefectural government may, notwithstanding the provision of Article 27
paragraph (1) item (iii) of the Child Welfare Act revised pursuant to Article 1
of this Act, continue to take the measure to entrust the child to said entrusted
guardian until expiration of the period of entrustment specified for the child
pursuant to the provision of paragraph (5) or (6) Article 27 of the Old Act, in
accordance with the provision then in force which shall remain applicable.
(Transitional Measures concerning Child Welfare Officer)
Article 3 A Child Welfare Officer actually appointed upon the coming into force
of the provisions listed in Article 1 item (iii) of these Supplementary Provisions
shall be deemed to be a Child Welfare Officer appointed pursuant to the
provision of Article 13 paragraph (2) of the Child Welfare Act revised pursuant
to Article 2 of this Act.
(Transitional Measures concerning the Measure taken with the Family Court's
Approval)
Article 4 With regard to a measure commenced on or before March 31, 2004
pursuant to the proviso of Article 28 paragraph (1) item (i) or (ii) of the Child
81
Welfare Act prior to the revision pursuant to the provision of Article 2 of this
Act and actually taken upon the coming into force of the provisions listed in
Article 1 item (iii) of these Supplementary Provisions, said measure shall be
deemed to be taken as of April 1, 2004 and the provisions of Article 28
paragraphs (2) to (6) inclusive of the Child Welfare Act revised pursuant to
Article 2 of this Act shall apply.
(Transitional Measures concerning the Penal Provisions)
Article 5 The provision of Article 60 paragraph (5) of the Child Welfare Act
revised pursuant to Article 1 of this Act shall apply only to such a crime that is
supposed to be punished, even in the case it is committed outside Japan, by
virtue of a treaty coming into force with regard to Japan on or after the date of
the coming into force of the provisions listed in Article 1 item (ii) of these
Supplementary Provisions.
Supplementary Provisions [Act No. 25 of April 1, 2005 Extract] [Extract]
(Effective Date)
Article 1 This Act shall come into force as from April 1, 2005.
(Transitional Measures due to Partial Revision of the Child Welfare Act, etc.)
Article 6 The provisions of the Child Welfare Act, etc. revised pursuant to this
Act (excluding Article 1 of this Act) shall apply to the burdens of the national
or prefectural governments pertaining to the budgets for fiscal 2005 and
subsequent fiscal years (excluding the burdens of the national or prefectural
governments expended in fiscal 2005 or any subsequent fiscal year due to the
affairs or services implemented in fiscal 2004 or any preceding fiscal year).
With regard to the burdens of the national or prefectural governments
expended in fiscal 2005 or any subsequent fiscal year due to the affairs or
services implemented in fiscal 2004 or any preceding fiscal year, the provisions
then in force shall remain applicable.
Article 7 The provisions of paragraphs (6) to (9) inclusive and Article 72
paragraph (11) of the Child Welfare Act revised pursuant to the provision of
Article 2 of this Act (hereinafter referred to as "Revised Child Welfare Act")
shall also apply to such loans set forth in Article 72 paragraphs (1) and (2) of
the Child Welfare Act prior to the revision pursuant to the provision of Article
2 of this Act that were, or will be, provided by the national government before
the coming into force of this Act. In this case, the phrase "any of the preceding
paragraphs" referred to in Article 72 paragraph (6) of the Revised Child
Welfare Act shall be replaced with "Article 72 paragraphs (1) and (2) of the
82
Child Welfare Act prior to the revision pursuant to the provision of Article 2 of
the Act for Partial Revision of the National Health Insurance Act, etc. based on
Arrangement and Rationalization, etc. of the National Government Subsidies,
etc. (Act No. 25 of 2005) (hereinafter referred to as "Old Child Welfare Act")",
the phrase "paragraphs (1) to (5) inclusive" referred to in paragraph (7) of the
same Article shall be replaced with "Article 72 paragraphs (1) and (2) of the
Old Child Welfare Act", the phrases "paragraph (1)" and "Article 52" referred
to in paragraph (8) of the same Article shall be replaced with "Article 72
paragraph (1) of the Old Child Welfare Act" and "Article 52 of the Old Child
Welfare Act" respectively, the phrases "paragraph (2)" and "Article 56-2
paragraph (3)" referred to in paragraph (9) of the same Article shall be
replaced with "Article 72 paragraph (2) of the Old Child Welfare Act" and
"Article 56-2 paragraph (3) of the Old Child Welfare Act" respectively, the
phrases "paragraphs (1) to (5) inclusive" and "the preceding three paragraphs"
referred to in paragraph (11) of the same Article shall be replaced with "Article
72 paragraphs (1) and (2) of the Old Child Welfare Act" and "Article 72
paragraphs (8) and (9) of the Old Child Welfare Act" respectively.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 10 In addition to what is provided in these Supplementary Provisions,
necessary transitional measures due to the coming into force of this Act shall
be provided by a Cabinet Order.
Supplementary Provisions [Act No. 50 of June 2, 2006 Extract] [Extract]
(Effective Date)
(1) This Act shall come into force as from the date of the coming into force of the
Act on General Incorporated Associations and General Incorporated
Foundations.
(Adjustment Provisions)
(2) In the case where the date of the coming into force of the Act for Partial
Revision of the Penal Code to Respond to an Increase in International and
Organized Crimes and Advancement of Information (Act No. _ of 2006) falls
after the effective date of this Act, the phrase "crime set forth in Article 157
(Aggravated Breach of Trust of Directors, etc.) of the Intermediate Corporation
Act (Act No. 49 of 2001)" referred to in appended table 62 of the Act for
Punishment of Organized Crimes, Control of Crime Proceeds and Other
Matters (Act No. 136 of 1999; referred to as the "Organized Crime Punishment
Act" in the following paragraph) shall be replaced with "crime set forth in
Article 334 (Aggravated Breach of Trust of Directors, etc.) of the Act on
83
General Incorporated Association and General Incorporated Foundation (Act
No. 48 of 2006)", with regard to the application of the provision of the same
appended table from the effective date of this Act to the day preceding the date
of the coming into force of the Act for Partial Revision of the Penal Code to
Respond to an Increase in International and Organized Crimes and
Advancement of Information.
(3) With regard to the application of the provisions of the Organized Crime
Punishment Act until the day preceding the date of the coming into force of the
Act for Partial Revision of the Penal Code to Respond to an Increase in
International and Organized Crimes and Advancement of Information, a crime
set forth in Article 157 (Aggravated Breach of Trust of Directors, etc.) of the
Old Act on General Incorporated Association and General Incorporated
Foundation in the case where the provisions then in force are supposed to
remain applicable pursuant to the provision of Article 457 of the Organized
Crime Punishment Act shall be deemed to be a crime listed in item (62) of the
appended table of the Organized Crime Punishment Act, in the case referred to
in the preceding paragraph, in addition to what is prescribed in the same
paragraph.
Supplementary Provisions [Act No. 53 of June 7, 2006]
(Effective Date)
Article 1 This Act shall come into force as from April 1, 2007; provided, however,
that the provisions listed in the following items shall come into force as from
the dates prescribed respectively in said items:
(i) The provisions revising Article 195 paragraph (2), Article 196 paragraphs
(1) and (2), Article 199-3 paragraphs (1) and (4), Article 252-17, Article 252-
22 paragraph (1) and Article 252-23, and the provisions of Articles 4, 6, 8 to
10 inclusive and 50 of these Supplementary Provisions: The day of
promulgation; and
(ii) The provision revising Article 96 paragraph (1), the provision adding a new
Article after Article 100, and the provisions revising Article 101, Article 102
paragraphs (4) and (5), Article 109, Article 109-2, Article 110, Article 121,
Article 123, Article 130 paragraph (3), Article 138, Article 179 paragraph (1),
Article 207, Article 225, Article 231-2, Article 234 paragraphs (3) and (5),
Article 237 paragraph (3), Article 238 paragraph (1), Article 238-2 paragraph
(2), Article 238-4, Article 238-5, Article 263-3 and Article 314 paragraph (1),
and the provisions of Articles 22 and 32 of these Supplementary Provisions,
the provision of Article 37 of these Supplementary Provisions revising Article
33 paragraph (3) of the Local Public Enterprise Act (Act No. 292 of 1952), the
provision of Article 47 of these Supplementary Provisions revising Article 5-
84
29 of the Old Act on Special Provisions of the Merger of Municipalities (Act
No. 6 of 1965) to the effect that the provision of said Article 5-29 shall
remain effective pursuant to the provision of Article 2 paragraph (6) of the
supplementary provisions of the same Act, and the provision of Article 51 of
these Supplementary Provisions revising Article 47 of the Act on Special
Provisions of the Merger of Municipalities (Act No. 59 of 2004): The date
specified by a Cabinet Order within a period not exceeding 1 year from the
day of promulgation.
Supplementary Provisions [Act No. 73 of June 1, 2007]
(Effective Date)
Article 1 This Act shall come into force as from April 1, 2008.
(Review)
Article 2 (1) The Government shall examine a review of a system of parental
authority to prevent child abuse and to protect the rights of children, and shall
take necessary measures based on the result of the examination, in three years
after the effective date of this act.
(2) The Government shall promptly examine a scheme about an expansion of
foster parents and foster homes, etc., a scheme about an improvement in
quality of management of foster homes, etc. Including prevention of child abuse
in foster homes, etc., a scheme about enrichment of education and supporting
independence of children in foster homes, etc., and other necessary matters,
and shall take necessary measures based on the result of the examination.
85