(Kinds)
Article 38. The kinds of protective institutions shall be as follows:
(1) Institution for the Aged (Yoro-shisetsu)
(2) Relief Institution (Kyugo-shisetsu)
(3) Rehabilitation Institution (Kosei-shisetsu)
(4) Medical Protective Institution (Iryo-hogoshisetsu)
(5) Work providing Institution (Jusan-shisetsu)
(6) Lodging Protective Institution (Shukuhateikyo-shisetsu)
2 The institution for the aged shall be an institution to accommodate the persons requiring assistance who are not able to adjust themselves to independent living in everyday life due to old age and infirmity, and provide them with Livelihood Aid.
3 The relief institution shall be an institution to accommodate the persons requiring assistance who are not able to help themselves independently due to serious handicaps, physical or mental, and to provide them with Livelihood Aid.
4 The rehabilitation institution shall be an institution to accommodate the persons requiring assistance who need care and guidance for physical or mental reasons, and to provide them with Livelihood Aid.
5 The medical protective institution shall be an institution to provide the benefit of medical care to the persons requiring assistance who are in need of medical care.
6 The work providing institution shall be an institution to furnish the opportunities and facilities necessary far taking on a job or for acquirement of a skill to the persons requiring assistance whose employability is restricted for physical or mental reasons or because of family circumstances, and to encourage them to become self-supporting.
7 The lodging protective institution shall be an institution to provide Housing Aid to the families requiring assistance who have no housing to live in.
(Standard for the Protective Institutions)
Article 39. The protective institution shall conform with or go beyond the minimum standards fixed by the Minister of Welfare in terms of equipment and management, number of the recipients placed in the institution and the ratio of this number to the total number of persons placed in the institution.
(Protective Institutions of To, Do, Fu or Prefecture and the City, Town or Village)
Article 40. To, Do, Fu or prefecture may establish the protective institution.
2 In case the city, town or village intends to establish the protective institution, it shall obtain the approval of the Governor of To, Do, Fu or prefecture.
3 In case an application for the approval mentioned in the preceding paragraph has been submitted, and the institution meets the standards under the preceding Article, the Governor of To, Do, Fu or prefecture shall give approval to it.
4 To, Do, Fu or prefecture or the city, town or village, which has established the protective institution, may abolish the protective institution, or reduce or suspend the service thereof, so long as the assistance to the recipients presently placed is not impaired.
5 The establishment and abolition of the protective institutions by To, Do, Fu or prefecture or the city, town or village shall be fixed by by-law.
(Establishment of the Protective Institution by Public Interest Juridical Person)
Article 41. No person other than To, Do, Fu or prefecture or the city, town or village with the exception of the juridical person established in accordance with the provisions of Article 34 of the Civil Code (hereinafter to be referred to as "public interest juridical person" ), may establish the protective institution.
2 In case a public interest juridical person intends to establish a protective institution, an application stating the following matters shall be submitted to the Governor of To, Do, Fu or prefecture for approval:
(1) Name and kind of the protective institution;
(2) Name of the juridical person as the establisher, and the name, address, and financial status of the representative;
(3) The act of contribution, the articles of incorporation and other fundamental regulations;
(4) Scope and structure of the building and equipments;
(6) Expected date to commence the service;
(7) Names and personal histories of the person responsible for management and the staff members engaged in the actual service for assistance;
(8) Policy of accounting.
3 In case the application for approval under the preceding paragraph has been submitted, the Governor of To, Do, Fu or prefecture shall give approval to the institution when it meets each of the following standards besides the standard prescribed in Article 39:
(1) That the economic foundation of the person who intends to establish the institution is firm and sound;
(2) That, in view of the distribution of the persons requiring assistance in the area in which the protective institution is planned to be established, the establishment of that protective institution is necessary;
(3) That the staff members who shall be engaged in the actual service of assistance possess the qualifications fixed by the Minister of Welfare.
4 In giving the approval under paragraph 1, the Governor of To, Do, Fu or prefecture may limit the period of existence of that protective institution or impose such conditions as deemed necessary to achieve the purpose of assistance.
5 In case the public interest juridical person which has been given the approval under paragraph 2, intends to change any of the matters listed in item (1) or items (3) to (8) inclusive of the same paragraph, it shall obtain the approval of the Governor of To, Do, Fu or prefecture in advance. The provisions of paragraph 3 shall apply mutatis mutandis to the case where an application for the said approval has been submitted.
(Suspension and Abolition of the Protective Institution of the Public Interest Juridical Person)
Article 42. In case the public interest juridical person intends to suspend or abolish the protective institution, it shall, in advance, explain the reasons therefor, the measures to be taken for the recipients who are being accommodated, and the method of disposing of the properities, repay the reminder, if any, of the subsidies or grants received in accordance with the provisions of Article 70, 72 or 74 and obtain the approval of the Governor of To, Do, Fu or prefecture concerning the time of suspension or abolition.
(Guidance)
Article 43. The Governor of To, Do, Fu or prefecture shall give necessary guidance concerning the operation of the protective institutions established within the area under his jurisdiction.
2 The guidance under the preceding paragraph given to the protective institution established by the public interest juridical person shall be assisted by the mayor of city, town or village in which such protective institution is located.
(Collection of Reports and Spot-check)
Article 44. The Governor of To, Do, Fu or prefecture may order the manager of the protective institution to submit reports on the conditions of the service, accounting or other matters as deemed necessary, or cause the competent prefectural official to enter the institution concerned and demand from the manager the inspection or explanation of its equipments, account-books, medical case records, or any other books or documents, or examine these.
2 The provisions of Article 28 paragraphs 2 and 3, shall apply mutatis mutandis to the spotcheck in accordance with the provisions of the preceding paragraph.
(Order for Improvement, etc.)
Article 45. The Minister of Welfare may order To, Do, Fu or prefecture, and the Governor of To, Do, Fu or prefecture may order the city, town or village to improve the equipments or operation of the protective institution, or suspend the service thereof, or abolish the protective institution, or suspend the service thereof, or abolish the protective institution or cancel the approval under paragraph 2 of Article 40, in case there is any of the causes listed below:
(1) That the protective institution ceases to meet the standards prescribed in Article 39;
(2) That the protective institution has lost the purpose of its existence;
(3) That the protective institution has violated this Law or any order issued thereunder, or any disposition made in accordance with the Law or the order.
2 The Governor of To, Do, Fu or prefecture may order the public interest juridical person to improve the equipments or operation of its protective institution, or suspend the service thereof, or cancel the approval under Article 41 paragaph 2, in case there is any of the causes listed below:
(1) That the protective institution comes under any of the items of the preceding paragraph;
(2) That the protective institution ceases to meet the standards prescribed in each item of Article 41 paragraph 3;
(3) That there is any act of seeking to make profit in the operation of the protective institution;
(4) That the service of the protective institution has not been commenced, without a justifiable reason, by the expected date under Article 41 paragraph 2 item (6), (in the case of the approval given concerning the change in accordance with the provisions of paragraph 5 of the same Article, the expected date that was approved.);
(5) That the provisions of Article 41 paragraph 5 has been violated.
3 In a case where the Governor of To, Do, Fu or prefecture intends to order the suspension of the service or to cancel the approval in accordance with the provisions of the preceding paragraph, he shall hold a hearing open to the public, asking for the appearance of the establisher of the protective institution concerned or his proxy. In this case the reason for the disposition concerned to be made as well as the time and place for hearing shall be notified to the person concerned within 14 days before the day of the hearing intended, and at the same time the time and place for hearing shall be announced to the public.
4 In the hearing the establisher of the protective institution concerning or his proxy is entitled to vindication for himself or the person in question, or to present any favourable evidence.
5 In case the establisher of the protective institution concerned or his proxy has not complied with the hearing without any justifiable reason, the Governor of To, Do, Fu or prefecture is authorized to make a disposition in accordance with the provision of paragraph 2, without holding the hearing.
(Management Regulations)
Article 46. Any establisher of the protective institution shall, prior to the commencement of the operation thereof, lay down the management regulations in which the item listed below are clearly stated:
(1) Purpose and policy of the service;
(2) Fixed number, classification and duties of the personnel;
(3) Method of treatment of those who avail themselves of the institution;
(4) Regulations to be observed by those who avail themselves of the institution;
(5) Kind and method of the work, if any, to be assigned to those accommodated, the working hours and the method of disposition of the proceeds;
(6) Other important matters concerning the management of the institution.
2 When any person other than To, Do, Fu or prefecture has laid down the management regulations under the preceding paragraph, he shall notify the Governor of To, Do, Fu or prefecture of the said management regulations without delay. The same procedure shall be required when any change in the management regulations is intended.
3 When the Governor of To, Do, Fu or prefecture deems that the contents of the management regulations are not adequate for the attainment of the purpose of assisting the persons availing themselves of the institution, he may order a change in the said management regulations.
(Obligations of the Protective Institution)
Article 47. The protective institution shall, when requested they entrusting for the purpose of assistance, by the mayor of city, town or village not refuse it without justifiable reason.
2 In accommodating or treating the persons requiring assistance, the protective institution shall not exercise any discrimination or preference because of race, creed, social status or family origin.
3 The protective institution shall not compel those who avail themselves of it to take part in any religious act, celebration, rite or function.
4 The protective institution shall not refuse the spot-check conducted by the prefectural or local official concerned in accordance with the provisions of Article 44.
(Head of the Protective Institution)
Article 48. The head of the protective institution shall at all times endeavour to improve the living conditions of those who avail themselves of the institution, and to achieve their rehabilitation.
2 The head of the protective institution may give necessary guidance in accordance with the management regulations to those who avail themselves of the institution.
3 The Governor of To, Do, Fu or prefecture may, when deemed necessary, restrict or prohibit the guidance under the preceding paragraph.
4 In case the head of the protective institution recognizes that certain reason has arisen necessitating the modification, suspension or closing of assistance for the recipients who avail themselves of the institution, he shall make a report of it to the mayor of city, town or village without delay.