The Child Welfare Law (Law No.164 of 1947) shall be partially amended as follows:
In Articles 7, 27, Article 34 paragraph 2 and Article 50 item (7), "the home for blind, deaf and dumb children" shall be added "the home for physically handicapped children" .
"Section II Child Welfare Committee" shall be amended as "Section II Child Welfare Council."
Articles 8 and 9 shall be amended as follows:
Article 8. For the purpose of investigating and deliberating upon the problems of welfare of children and expectant and nursing mothers, the Central Child Welfare Council and To, Do, Fu and Prefectural Child Welfare Councils shall be established.
The To, Do, Fu or Prefectural Child Welfare Council shall be established in each of To, Do, Fu and prefectures.
The city, town or village (inclusive of the special ward;hereinafter the same) may establish a Municipal Child Welfare Council to investigate and deliberate upon the matters of the preceding paragraph.
The Central Child Welfare Council shall be under the jurisdiction of the Minister of Welfare;the To, Do, Fu or Prefectural Child Welfare Council tinder that of the governor of To, Do, Fu or prefecture;and the Municipal Child Welfare Council under that of the mayor of the city, town or village (inclusive of the headman of the special ward;hereinafter the same);and each shall answer the inquiries of the respective authorities or may make recommendations to the respective administrative organs concerned.
The Child Welfare Council may ask the administrative organ concerned for the presence of and the explanation by the competent officials and the presentation of the materials when deemed especially necessary.
Child Welfare Councils shall always keep close liaison by providing their materials for each other as occasion demands, or by other means.
The Central and the To, Do, Fu or Prefectural Child Welfare Councils may make recommendations concerning show and performance, publications, toys, children's plays, etc., or give necessary advise to such persons as make, conduct or sell the above, in order to ensure the welfare of children.
Article 9. The Central Child Welfare Council shall consist of the members not exceeding forty five persons, and the To, Do, Fu or Prefectural Child Welfare Council and the Municipal Child Welfare Council not exceeding twenty persons.
Temporary members may, if necessary, be appointed in the Child Welfare Council for the investigation and deliberation on special matters.
Members, regular and temporary, of the Child Welfare Council shall be appointed or entrusted by the Minister of Welfare, the governor of To, Do, Fu or prefecture, or the mayor of the city, town or village respectively from among the public officials or employees of the administrative organs concerned, those who are engaged in services of the child's care, health and general welfare and those of learning and experience.
The Child Welfare Council shall have one chairman and one vice chairman elected by mutual votes of the members.
In Article 10, "the chairman" shall be amended as "the chairman and the vice chairman" , and "Child Welfare Committees" as "Child Welfare Councils" .
Paragraph 3 of Article 11 shall be amended as follows:
The child welfare official shall execute the duties of the preceding paragraph within the area assigned by the governor of To, Do, Fu or prefecture and may request the co-operation of the mayor of the city, town or village in the assigned area.
In paragraph 1 of Article 12, "(including the special ward;hereinafter the same)" shall be deleted, and paragraph 2 of the same Article shall be amended as follows:
The child welfare worker shall have the close knowledge on lives and environmental conditions of the children and expectant and nursing mothers to give them assistance and guidance as to their care, health and general welfare, and shall at the same time co-operate with the child welfare official in his duties.
Paragraph 4 of Article 12 shall be amended as follows:
The child welfare worker shall be directed and supervised by the governor of To, Do, Fu or prefecture concerning his given duties.
Article 13 shall be amended as follows:
Article 13. The mayor of the city, town or village may request the child welfare official for the necessary assistance and give the child welfare worker the necessary instruction, as well as may request the child welfare official or the child welfare worker for the necessary reporting of the circumstances and submitting of the materials concerning the matters provided for in Article 11 paragraph 2 or Article 12 paragraph 2.
The child welfare official and the child welfare worker shall report the conditions of the necessary matters concerning the children and expectant and nursing mothers in their assigned area to the head of the Child Welfare Station, or the mayor of the city, town or village, who has the jurisdiction over the assigned area, and shall give their opinions at the same time.
The reporting of the preceding paragraph by the child welfare worker to the head of the Child Welfare Station shall be made through the mayor of the city, town or village.
The head of the Child Welfare Station may request the child welfare official or the child welfare worker within the area under his jurisdiction to make the necessary investigation.
In Article 19 paragraphs 1 and 2, "dentists" , shall be added after "physicians" .
The main paragraph of Article 20 shall be amended as follows:
The woman who has conceived shall report her pregnancy, as soon as possible, to the Metropolitan governor through the head of the health center in the case of the special ward, to the mayor of the city through the head of the health center in the case of the city provided for by the Cabinet Order derived from the provisions of Article 1 of the Health Center Law, and to the mayor of the city, town or village in the case of the city, town or village other than the above, with a diagnosis paper of pregnancy written by the physician or midwife.
In paragraph 2 of Article 21, "dentists," shall be added after "physicians" .
The proviso to Article 23 shall be amended as follows:
Provided that in case there is an unavoidable reason such as the absence of the mothers'home available in the neighborhood, etc., an adequate protection as arrangement for admittance to a suitable institution or application of the Daily Life Security Law, etc. shall be given.
Article 24 shall be amended as follows:
Article 24. The mayor of the city, town or village shall admit the infants, the preschool children or the children provided for in paragraph 2 of Article 39, to the day nursery for their care, in case their guardians are considered to be short of giving them an adequate care due to their work or illness, etc.;provided that in case there is an unavoidable reason such as the absence of the day nursery available in the neighborhood, etc., any other adequate protection shall be given.
The proviso to Article 25 shall be amended as follows:
Provided that a child over fourteen years of age who is alleged to have committed a crime comes outside the scope of this provision, and in this case it shall be notified to the Family Court.
In paragraph 1 of Article 26, "or transferred under the provisions of Article 18 paragraph 1 of the Juvenile Law" shall be added after "reported under the provisions of the preceding Article."
In paragraph 1 of Article 27, "or transferred under the provisions of Article 18 of the juvenile Law" shall be added after "reported as provided under the preceding Article paragraph 1 item (1)" ;in paragraph 2 of the same Article, "the preceding paragraph" shall be amended as "paragraph 1" ;in the same paragraph, "except the case of the preceding paragraph" shall be added after "in the case there is" ;and the following one paragraph shall be added after paragraph 1 of the same Article:
The governor of To, Do, Fu or prefecture shall follow the direction based on the decision of the Family Court when the procedure of the preceding paragraph is to be taken up for the child transferred by the provisions of paragraph 2 of Article 18 of the Juvenile Law.
The following one Article shall be added after Article 27:
Article 27-(2). In case the governor of To, Do, Fu or prefecture or the head of the Child Welfare Station deems it necessary to take such compulsory measure as restricting the freedom of movement of the child or depriving him of liberty, the case shall with exception of the case considered to fall under the provisions of Articles 33 and 47, be transferred to the Family Court.
In paragraph 1 of Article 28, "the preceding paragraph" shall be amended as "Article 27" .
Article 30 shall be amended as follows:
Article 30. Any person who has made a child who is related with him beyond time fourth degree live in his home (inclusive of the home of only one person) away from the holder of parential right with the intention of keeping the child for over three months (one month in the case of an infant) or who has kept the child for over two months (twenty days in the case of an infant) continuously (exclusive of the person to whom the child has been entrusted by the provisions of the law or ordinance or who has simply offered the child a board shall report to the governor of To, Do, Fu or prefecture through the mayor of the city, town or village in accordance with the provisions of the ordinance within three months (one month in the case of an infant) from the date when the child began to live with him;provided that it shall not apply in case the child has left the home before the reporting period expires.
The person who has made the report provided for in the preceding paragraph shall, in case of the child's leave, make the report to the governor of To, Do, Fu or prefecture through the mayor of the city, town or village, in accordance with the provisions of the ordinance, within a month after the child's leave.
The guardian for whom it is difficult to bring up his child under his care due to economic conditions, etc. must consult with the Child Welfare Station, child welfare official or child welfare worker.
The governor of To, Do, Fu or prefecture may give the foster parent and the person provided for in paragraph 1 the necessary instruction on the care of the children or force him make the necessary report.
In Article 31, "the home for dependent children," shall be added after "the care of the child in" and "the home for blind, deaf and dumb children" after "the home for physically handicapped children" .
To paragraph 1 of Article 34, the following two items shall be added:
(8) For any person other than a legally authorized employment agency for both adults and juveniles to use his influence for the care of children for the purpose of profit;
(9) To keep the children under the control of any person for the purpose of letting them do the deeds harmful to mind and body of the children, exclusive of such cases that the children are related with him within the fourth degree and that the control over the children is based on a legal employment relationship or has been authorized by the Family Court, the governor of To, Do, Fu or prefecture, or the head of the Child Welfare Station.
In Chapter II, the following one Article shall be added after Article 34:
Article 34-(2). Any person, other than the State, To, Do, Fu and prefecture, who establishes any agency to perform the child welfare service (exclusive of the Child Welfare Station and the Child Welfare Agency provided for by this Law) shall report it to the governor of To, Do, Fu or prefecture in accordance with the provisions of the ordinance before its service is commenced.
The scope of the child welfare service of the preceding paragraph shall be provided for by the Cabinet Order.
The person who has made the report provided for in paragraph 1 shall, in case of the termination of the agency, make the report to the governor of To, Do, Fu or prefecture, in accordance with the provisions of the ordinance, within ten days after the termination.
The governor of To, Do, Fu or prefecture may, in accordance with the provisions of the ordinance, make the head of the agency submit the necessary report regarding the equipment and operation of the agency of paragraph 1, and besides he may cause the public official in charge of the child welfare service to supervise actually in the field and in case the welfare of the children is deemed unsatisfactory, he may give order to the person who has established the agency to effect the necessary improvement.
In paragraph 2 of Article 35, "the administrative office" shall be amended as "the governor of To, Do, Fu or prefecture" ;in paragraph 3 of the same Article, "the local Child Welfare Committee" as the To, Do, Fu or Prefectural Child Welfare Council";and the following one paragraph shall be added to the same Article:
The city, town, village or any other person who wishes to terminate or suspend the child welfare agency shall secure the approval of the governor of To, Do, Fu or prefecture in accordance with the ordinance.
The following one paragraph shall be added to Article 39:
Despite of the provision of the preceding paragraph the day nursery may, in case there is special need, give daily care to other children at the request of their guardians.
The following one Article shall be added after Article 43:
Article 43-(2). The home for blind, deaf and dumb children shall be an agency aimed at giving the blind children (inclusive of those with intensively weak eyesight) or the deaf and dumb children (inclusive of those with intensively hard hearing) the home care and the necessary guidance for their future self support.
In Article 45, "the Central Child Welfare Committee" shall be amended as "the Central Child Welfare Council" .
In paragraph 2 of Article 46, "may order the agencies to correct it" shall be amended as "may order the person who has established the agencies the necessary correction" , and the Child Welfare Committee as "the Child Welfare Council" .
In paragraph 1 of Article 48, "and physically handicapped children" shall be amended as physically handicapped, blind, deaf and dumb children ", and in Article 54," and the homes for physically handicapped children "as" the homes for physically handicapped children and the homes for blind, deaf and dumb children".
In Chapter IV, the following one Article shall be added before Article 50:
Article 49-(2). The National Treasury shall bear the expenses required for those inmates who have, by the mayor of the city, town or village, or the governor of To, Do, Fu or prefecture, been admitted to the child welfare agency established by the State under the provisions of Articles 22 to 24 inclusive or Article 27 paragraph 1 item (3), after their admittance to the agency.
Item (1) of Article 50 shall be amended as follows:
1. Expenses required for the To, Do, Fu or Prefectural Child Welfare Council.
In Articles 50, 51 and 53, "borne" shall be amended as "paid" .
In item (1) of Article 51, "Articles 22 to 24 inclusive" shall be amended as "Article 22 and the main paragraphs of Articles 23 and 24" , and the following one item shall be added to the same Article:
3. Expenses required for the Municipal Child Welfare Council.
In each of Articles 52 to 55 inclusive, "subsidize" shall be amended as "bear" .
In Article 53, "Article 51" shall be amended as "Article 51 (exclusive of item (3))" .
Article 56 paragraphs 1 and 2 shall be amended as follows:
The Minister concerned, the governors of To, Do, Fu and prefectures, and the mayors of the cities, towns and villages, shall collect the expenses provided for in Article 49-(2), Article 50 items (6) to (8) inclusive, and Article 51 item (1) respectively from those cared for or the persons responsible for their care.
Upon collecting the expenses provided for in the preceding paragraph, the mayor of the city, town or village shall refer to the opinion of the child welfare official or the child welfare worker, and in case it is acknowledged that those cared for and the persons responsible for their care are not able to bear the total or partial expenses, the said expenses shall be borne by the State, To, Do, Fu or prefecture, or the city, town or village instead, as itemized in the preceding paragraph.
The following one paragraph shall be added after paragraph 2 of Article 56:
The city, town or village, where those cared for, their spouses, their lineal ascendants or descendants in the same home have resided for a year or more continuously, shall bear one tenth of the expenses which are to be borne by To, Do, Fu or prefecture instead as provided for by the preceding paragraph.
In paragraph 1 of Article 58 "The administrative office" shall be amended as "The governor of To, Do, Fu or prefecture" , and paragraph 2 shall be amended as follows:
As to the agency, with the purpose of giving the service provided for in each of Articles 36 to 44 inclusive, which has not obtained the approval of Article 35 paragraph 2, or whose approval for a child welfare agency has been annulled in accordance with the provision of the preceding paragraph, or the agency provided for in Article 34-(2) which has violated the order of paragraph 4 of the same Article and whose equipment and operation are deemed to be considerably harmful to the welfare of children, the governor of To, Do, Fu or prefecture may order the suspension of its service or the close of the agency after referring to the opinion of the To, Do, Fu or Prefectural Child Welfare Council.
In paragraph 2 of Article 60, "Item (7)" shall be amended as "items (7) to (9) inclusive" .
The following one paragraph shall be added to Article 62:
Any person, who has failed to make the report provided for in paragraph 1 of Article 30 or paragraph 1 of Article 34-(2), shall be subject to the provision of the preceding paragraph.
The following one Article shall be added after Article 62.
Article 62-(2). Any person, who has violated the order of the suspension of the service or of the close of the agency based upon the provision of paragraph 2 of Article 46 or paragraph 2 of Article 58 shall be punished with either an imprisonment not exceeding six months or a fine not exceeding ten thousand yen.
In Article 71, "and paragraph 2" shall be added after "Article 56, paragraph 1" and "Article 56, paragraph 2" shall be amended as "paragraph 3 of Article 56" .