The Child Welfare Law (Law No.164 of 1947) shall be partially amended as follows:
"Section IV Child Welfare Center" in Contents shall be amended as "Section IV Child Welfare Center, Office of Welfare and Health Center" .
In Article 6, "the holder of parental right" legal guardian, (in the case there is no legal parental right holder guardian hereinafter the same) "shall be amended as" one who exercises parental right, guardian,".
In Article 11 paragraph 2, "acting as their councillors" shall be amended as "givingc ouncil in response to consultation, necessary guidances based on professional skill, etc." , and paragraph 4 of the same Article shall be amended as follows:
The child welfare official shall be subject to the direction and supervision of the superintendent of the child welfare center pertaining to the duty as prescribed in paragraph 2.
The following one Article shall be added next to Article 11:
Article 11-(2). The child welfare official shall be a member of either clerical or technical public body personnel and shall be appointed from among those who fall under any one of the following items:
(1) One who graduated from the school or other institution as designated by the Minister of Welfare for the training of child welfare officials or personnel of child welfare agencies or who completed the curriculum of the training course as designated by the Minister of Welfare;
(2) One who graduated from university based on the School Education Law (Law No.26 of 1947) or university based on the former University Ordinance (Imperial Ordinance No.388 of 1918) specializing in any of the courses of psychology, education and sociology;
(4) One who has been in the child welfare service as social welfare secretary for not less than two years;
(5) One who is equivalent to those under the preceding items and who has learning and experience necessary for the child welfare official.
In Article 12 paragraph 2, "or the social welfare secretary of the office for welfare (hereinafter referred to as" the office of welfare ") as provided for by the Social Welfare Service Law (Law No.45 of 1951)" shall be added next to "the child welfare official" .
"Section IV The Child Welfare Center" shall be amended as "Section IV Child Welfare Center, Office of Welfare and Health Center" .
Article 15 paragraph 2 shall be deleted, and the following one Article shall be added next to the same Article:
Article 15-(2). The child welfare center shall primarily perform the following services on the matters pertaining to the welfare of children:
(1) To give counsel in regard to all kinds of child problems in response to consultation by their families and others;
(2) To make necessary investigation, and medical, psychological, educational, sociological and psychiatric diagnoses, and give necessary guidance entailed with regard to children and their families;
(3) To effect temporary protection of children.
The child welfare center may, when necessary, give the itinerant services under items (1) and (2) of the preceding paragraph.
In Article 16 paragraph 4, "shall take the duties of consultation and discrimination" shall be amended as "shall conduct the services" , paragraph 2 of the same Article shall be deleted, and the following one Article shall be added next to the same Article:
Article 16-(2). The superintendent and the staff personnel of the child welfare center shall be either clerical or technical public body personnel.
The superintendent shall be one who falls under any one of the following items:
(1) Physician with learning and experience in mental hygiene;
(2) One who graduated from university under the School Education Law or university under the former University Ordinance specializing in the course of psychology;
(3) One who has been in service as a child welfare official for not less than two years or who has worked as a member of staff personnel of the center for not less than two years after obtaining the qualification for child welfare official;
(4) One who is equivalent to those under the preceding items and who has learning and experience necessary for the superintendent.
Staff personnel who conduct the diagnostic service shall include not less than one person who comes under item (1) of the preceding paragraph or who has equivalent qualifications and not less than one person who comes under item (2) of the same paragraph or who has equivalent qualifications.
The staff personnel who conduct the consultation and investigation services shall be those qualified for child welfare official.
The following two Articles shall be added next to Article 18 in Chapter I:
Article 18-(2). The office of welfare shall execute chiefly the following functions in connection with the enforcement of this Law:
(1) To make effort to grasp the necessary actual conditions with regard to the welfare of children and expectant and nursing mothers;
(2) To give council in response to consultation, make necessary investigation, give necessary guidance, individually or collectively and incidental services, with regard to the matters related to the welfare of children and expectant and nursing mothers.
The superintendent of the child welfare center may request the superintendent of the office of welfare within the area under his jurisdiction (hereinafter referred to as "superintendent of the office of welfare" ) to make necessary investigations.
Article 18-(3). The health center shall render the following services in connection with the enforcement of this Law:
(1) To make effort to disseminate the correct hygienic knowledge on health of children and expectant and nursing mothers;
(2) To give council in response to consultation on health or make the health examinations and render, when necessary, health guidance service, for children and expectant and nursing mother;
(3) To render the guidance service to the children with physical handicaps for their treatment and care;
(4) To give necessary advices to the child welfare agencies for the improvement of nutrition and other hygienic matters.
The following two Articles shall be added next to Article 21:
Article 21-(2). The superintendent of health center shall give examination, render the consultative service or give necessary medical guidance for the children with physical handicaps.
The superintendent of health center shall make report of any child (his guardian in the case of child with physical handicaps less than fifteen years of age;hereinafter the same) who has received a delivered disabled person's handbook as provided for in Article 15 paragraph 4 of the Law for Welfare of Disabled Persons (Law No.283 of 1949) to the governor of To, Do, Fu or prefecture in case he deems that there is any reason as stipulated in Article 16 paragraph 2 item (1) or (2) of the same Law.
Article 21-(3). The governor of To, Do, Fu or prefecture may grant a blind person's safety stick or such artificial appliance as the hearing aid, artificial limb, wheelchair, etc. or repair them for the child who has received a delivered disabled person's handbook.
The governor of To, Do, Fu or prefecture may, when it is necessary, supply the money necessary for the purchase or repair subtracting the amount such person or the person responsible for his support is able to bear, as a substitute for granting or repairing of the artificial applicance as provided for in the preceding paragraph.
In Article 22, "The mayor of a city, town or village shall admit the expectant mothers who are unable, for the financial reason, to demand the admission in hospital for delivery even when it is necessary for their health" shall be amended as "The governor of To, Do, Fu, or prefecture, the mayor of city and the mayor of town or village who administers the office of welfare shall admit the expectant and nursing mothers in the area supervised by the office of welfare under their respective jurisdiction, in case he recognizes that they are not able to receive the hospital delivery service on account of the financial reason in spite of the health need" .
In Article 23, "The mayor of the city, town or village" shall be amended as "the governor of To, Do, Fu or prefecture, the mayor of city, and the mayor of town or village who administers the office of welfare" , and between "their children" and "when" , "in the area to be administered by the office of welfare under their respective jurisdiction" shall be inserted.
In Article 25, "the child welfare center or its officers" shall be amended as "the office of welfare or child welfare center" and the following one Article shall be added next to the same Article:
Article 25-(2). The superintendent of the office of welfare shall, when he deems it necessary, take any of the following measures for the child reported under the provision of the preceding Article or referred under the provision of Article 26 paragraph 1 item (3) and the child, his guardian or expectant and nursing mothers accepted for consultative service:
(1) Referring those deemed in need of the measure of Article 27 and those deemed in need of medical, psychological, educational, sociological and psychiatric diagnoses to the child welfare center;
(2) Placing the child or its guardian under the guidance of the social welfare secretary of his office of welfare;
(3) Reporting or notifying those deemed in need of the measures under Articles 22 to 24 inclusive to their respective authorities.
In the former part of Article 26 paragraph 1, "such children reported under the provision of the preceding Article or transferred under the provisions of Article 18 paragraph 1 of the Juvenile Law" shall be amended as "the children reported under the provision of Article 25, children referred under the provision of item (1) of the preceding Article or Article 18 paragraph 1 of the Juvenile Law (Law No.168 of 1948) and the children, their guardians or expectant and nursing mothers accepted for the consultative service" , the latter part of the same paragraph shall be deleted, and the following two items shall be added to the same paragraph:
(3) Referring those for whom the measures under item (2) of the preceding Article are deemed proper to the office of welfare;
(4) Reporting or notifying those for whom the measures under Articles 22 to 24 inclusive are deemed necessary to their respective authorities.
In Article 27 paragraph 1, "Article 18 of the Juvenile Law" shall be amended as "Article 18 paragraph 2 of the Juvenile Law" ;in item (2) of the same paragraph, ", social welfare secretary" shall be added next to "child welfare official" ;in item (3) of the same paragraph, next to "a foster parent (the individual who wishes to bring up a child deprived of the proper parental care by the reason of absence or the inadequacy of the guardian and whom the governor of To, Do, Fu or prefecture has approved, hereinafter the same)" , shall be added "or a guidance home (meaning such of the persons desiring to give a child who has been deprived of the proper parental care by reason of absence or inadequacy of the guardian and who has completed the course of compulsory education as provided for by the School Education Law care and protection by keeping the child at their homes or by causing it to visit their homes regularly and give guidance necessary for self support according to its capacity as have been deemed proper by the governor of To, Do, Fu or prefecture;hereinafter the same)" ;and the following one item shall be added to the same paragraph:
(4) Referring the children who are deemed proper to be subject to the judgement of the family court to the family court.
In Article 27 paragraph 3, "in the case there is" shall be amended as "in case there is one who exercises parental right (exclusive of the superintendents of the child welfare agencies exercising the parental right as provided for in Article 47 paragraph 1;hereinafter the same) or the guardian" , "the holder of parental right over the child" shall be amended as "the person who exercises parental right or the guardian" , and the following three paragraphs shall be added to the same Article:
The measure of placing under the care of guidance home under paragraph 1 item (3) shall be taken with the consent of the child beforehand and by-fixing a term of not more than one year.
At the expiration of the term of the placement, the governor of To, Do, Fu or prefecture may renew the placement of the child under the care of a guidance home with the consent of the child and by fixing a term of not more than one year.
When the governor of To, Do, Fu or prefecture is to release or suspend the measure under paragraph 1 item (2) or (3), make a change to another measure, or take the measure under the preceding paragraph, the opinion of the superintendent of child welfare center shall be obtained.
In Article 27-(2), "or the superintendent of the child welfare center" shall be deleted.
In Article 28 paragraph 1, "the holder of parental right" shall be amended as "the person who exercises parental right or guardian" .
In Article 30 paragraph 1, "the holder of parental right" shall be amended as "the person who exercises parental right or the guardian" ;in paragraph 3 of the same Article, "the office of welfare," shall be added next to "the child welfare center," ;and in paragraph 4 of the same Article, ", guidance parent" shall be added next to "the foster parent" .
In the main clause of Article 31, "The Minister of Welfare or" shall be deleted, and the proviso to the same Article shall be amended as follows:
In this case, the governor of To, Do, Fu or prefecture shall obtain the opinion of the superintendent of child welfare center.
The following one paragraph shall be added to Article 32:
The governor of To, Do, Fu or prefecture or the mayor of city, town or village may delegate the total or partial authority to take the measures under Articles 22 to 24 inclusive to the superintendent of the office of welfare under his jurisdiction.
The following three Articles shall be added next to Article 33:
Article 33-(2). In case a person who exercises parental right for a child abuses his parental right or is guilty of gross misconduct, the request for the adjudgement of the forfeiture or parental right as provided for in Article 834 of the Civil Code (Law No.89 of 1896) may be made also by the superintendent of child welfare center besides one as provided for in the same Article.
Article 33-(3). The superintendent of child welfare center shall, when it is necessary for the welfare of children, request the family court for appointment of the guardian for the child without a person who exercises parental right or guardian.
Article 33-(4). In case there is any reason of unjust act, gross misconduct or any other reason unfit for the duty of guardianship with the child's guardian, the request for the removal of the guardian as provided for in Article 845 of the Civil Code may be made also by the superintendent of child welfare center besides one as provided for in the same Article.
Article 34 paragraph 3 shall be deleted.
In Article 39 paragraph 1, "the infants and the preschool children" shall be amended as "the infants or preschool children in need of care" , and in paragraph 2 of the same Article, "other children" shall be amended as "other children in need of care" .
In Article 43, "and the necessary guidance" shall be amended as "as well as the necessary guidance or assistance" .
In Article 45, "and the care given by the foster parents" shall be amended as ", the care given by the foster parents and protection by the guidance home" .
In Article 46 paragraph 1, "and the foster parents" shall be amended as ", the foster parents and guidance home" and the following one Article shall be added next to the same Article:
Article 46-(2). The superintendent of child welfare agency shall not refuse without justifiable reason the delegation made by the governor of To, Do, Fu or prefecture or the mayor of city, town or village for the measure based on the provisions of this Law.
Article 47 shall be amended as follows:
Article 47. The superintendent of the child welfare agency shall exercise parental right over the child placed in his agency who has not the person exercising parental right or guardian until the person exercising parental right or guardian is found; provided that, in case the assent to the adoption as provided for in Article 797 of the Civil Code is to be given, the permission of the governor of To, Do, Fu or prefecture shall be obtained.
Also for the children in his agency who have the person exercising parental right or guardian, the superintendent of child welfare agency may take the measure necessary for the welfare of the children in regard to their care, education and chastisement.
Article 48 shall be amended as follows:
Article 48. The superintendents of the homes for dependent, feeble-minded, blind, deaf and dumb, physically weak and crippled children shall be responsible for the school attendance of the children placed in those homes in a manner similar to the guardian provided for by the School Education Law.
The superintendent of Kyogoin may issue the certificate to prove the completion of the course for the children who completed in Kyogoin the course equivalent to that of the primary or middle school as provided for by the School Education Law.
The superintendent of Kyogoin shall follow the advice of the Minister of Education on the matters pertaining to the curriculum of the preceding paragraph.
The certificate under paragraph 2 shall have the same validity as diplomas or other certificates to be issued by the heads of schools for the educational curricula corresponding to the schools established under the School Education Law;provided that this shall not apply to the Kyogoin, if it has been designated by the Minister of Education through consultation with the Minister of Welfare in cases where the matters pertaining to the curriculum at such Kyogoin is remarkably inadequate on account of the failure of the superintendent of such Kyogoin to follow the advice of the Minister of Education as provided for in paragraph 3.
In Article 50, the following one item shall be added next to item (5):
(5)-(2) Expenses required for the measure under Article 21-(3).
In Article 50;the following one item shall be added next to item (6);in item (7), "Expenses required for the placing" shall be amended as "Expenses required for placement or consignment (exclusive of the case of consignment to the guidance home;hereinafter the same)" , and "the protection of those admitted" shall be amended as "the protection or care of those admitted or consigned" ;and in item (8), "the consultation and classification" shall be amended as "consultation, investigation, diagnosis and guidance" .
(6)-(2) Expenses required for admission and expenses required for maintenance of the minimum standards under Article 45 in regard to the protection after admission, in cases where the governor of To, Do, Fu or prefecture has taken the measures provided for in Article 22 and the main clause of Article 23 (exclusive of the expenses for the care of those admitted to the lying-in agency or mothers'home established by the State).
In Article 53-(2), "Article 50 item (6) or (7)" shall be amended as "Article 50 items (6) to (7) inclusive" .
In Article 56 paragraph 1, "Article 50 items (6) and (7)" shall be amended as "Article 50 item (5)-(2)(exclusive of the expenses as provided for in Article 21-(3) paragraph 2) and items (6) to (7) inclusive" ;and in paragraph 2 of the same Article, "the child welfare official" shall be amended as "the child welfare official, social welfare secretary" .
The following two Articles shall be added next to Article 56 in Chapter IV:
Article 56-(2). To, Do, Fu or prefecture may subsidize the child welfare agency established by any one other than the city, town or village within the limit of three-fourths of the expenses required for the repair, reformation, expansion or refitting thereof, as provided for in Article 35 paragraph 2, in the cases falling under any of the following items:
(1) That such child welfare agency be the one established by a social welfare juridical person organized under the provision of Article 29 paragraph 1 of the Social Wefare Service Law or by a juridical person organized under the provision of Article 34 of the Civil Code;
(2) That, in the area where such child welfare agency is primarily utilized, there be no child welfare agency of the same kind established by the State, To, Do, Fu or prefecture in spite of the need for a child welfare agency of the same kind in that area in ivew of the state of distribution of the children, their guardians, or expectant and nursing mothers for whom the measures under the provisions of this Law are required, or that it be inadequate even if it exists.
In case a child welfare agency was subsidized as provided for in the preceding paragraph, the Minister of Welfare and the governor of To, Do, Fu or prefecture shall have the authority as stipulated in each of the following items besides those as provided for in Articles 46 and 58 over such child welfare agency in order to insure the purpose of such subsidy to be effected:
(1) In case the budget of such child welfare agency is deemed inadequate to effect the fruit of subsidization, to give instruction for necessary change in the budget;
(2) In case the personnel of such child welfare agency have violated this Law, order or disposition therefrom, to give instruction to to remove such personnel.
The National Treasury may grant subsidy not exceeding two-thirds of the amount of subsidy granted by To, Do, Fu or prefecture as provided for in paragraph 1.
Article 56-(3). To, Do, Fu or prefecture may order the person who established the child welfare agency subsidized to refund the total or partial subsidy already granted in the following cases:
(1) In case of violation of the condition for granting the subsidy;
(2) In case the subsidy has been received by fraud or any other illegal method;
(3) In case there has been a profit-making act in the management of the child welfare agency;
(4) In case the child welfare agency violated this Law, order or disposition therefrom.
The following two Articles shall be added next to Article 59:
Article 59-(2). In case towns and villages have established an office of welfare by organizing the partial-affairs association, the association shall be regarded as the town or village establishing an office of welfare and the head of the association as the mayor of the town or village administering the office of welfare, in the application of this Law.
Article 59-(3). In case any change has occurred in the administering authorities provided for in Article 22 and Article 23 on account of the establishment or abolition of the office of welfare of town and village, the dispositions or any other actions taken by the pre-change administering authorities in accordance with the provisions of this Law or orders issued thereunder shall be regarded as the dispositions or other actions taken by the post-change administering authorities; provided that, in regard to the disbursement and sharing of the expenses for the measures effected or to have been effected before the change, the change shall not be considered as having occurred.
Article 71 shall be amended as follows:
Article 71. In the area of the ward of To, "the mayor of city, town or village" in Article 24 shall read "the governor of To" for the time being despite the provisions of Article 8 paragraphs 3 and 4 and, as for the expenses for the measure under the same Article, "the mayor of city, town or village" in Article 56 paragraphs 1 and 2 shall read "the governor of To" , and "city, town or village" in Article 51 and Article 56 paragraph 3 shall read "To" .