[MHLW] Enactment of Legislation to Partially Amend the Child Welfare Act, etc.

On June 8, 2022, the 208th session of the Diet passed and enacted the legislation to partially amend the Child Welfare Act, which was promulgated on June 15, 2022 in the House of Councilors. (Law No. 66)

This amendment aims to strengthen the system to comprehensively support households raising children, in light of the situation where families with difficulties in child care are becoming more and more apparent than before, as can be seen in an increase in the number of consultations and responses to child abuse cases.

The outline of the legislation is as follows:

1.Strengthening systems and expanding services to provide comprehensive support to households raising children [Child Welfare Act / Maternal and Child Health Act]

(1) Municipalities shall make efforts to establish centers for children and families* that provide comprehensive consultation support and related services for all expectant and nursing mothers, parenting households, and children. Also, municipalities shall make efforts to establish consultation functions in childcare support places close by, such as daycare. Besides, the centers for children and families shall prepare support plans for children, expectant and nursing mothers, and others in need of assistance.

  • The legislation reviewed functions performed by the comprehensive support centers for children and families under the Child Welfare Act and general support centers for child-rearing generations under the Maternal and Child Health Act.

(2) Each new service shall be established, such as housekeeping support through home visits, creating a place for children to stay, and building parent-child relationships. Municipalities shall encourage those in need to use family support services, including these new ones, and also determine and implement necessary measures according to the situation of the residents.

(3) The legislation clarifies that child development support centers are pivotal to community support for preschool children with disabilities. In addition, it unifies the types of child development support (welfare type and medical type) so that the centers can support disabled children regardless of their disability type.

2.Services and support for children through temporary shelters and child consultation centers, as well as improving support for expectant and nursing mothers with difficulties [Child Welfare Act]

(1) The legislation seeks to improve the environment of temporary shelters by establishing equipment and operation standards. It also aims to reinforce the support services provided by child consultation centers, such as parent-child reunification in collaboration with the private sector, positioning foster care support centers as child welfare facilities.

(2) New services for expectant and nursing mothers with difficulties shall be established, such as providing temporary housing, meals, and information on subsequent childcare.

3.Strengthening support for the self-reliance of children who have experienced social foster care and are residents of institutions for children with disabilities [Child Welfare Act]

(1) Uniform age-based restrictions on independent living assistance for children shall be more flexible. In addition, for children with experience in social foster care, service delivery centers through daycare and home visitation services shall be developed.

(2) The legislation clarifies that prefectures and ordinance-designated cities are responsible for coordinating the transition of children with disabilities living in institutions to community settings. It also made it possible for children residing in institutions to remain there until they reach the age of 22.

4.Establishment of a system to get feedback from children [Child Welfare Act]

When taking such measures as institutionalization or temporary custody, child consultation centers and relevant parties shall take such steps as listening to the child's views while considering his/her best interests so that their views and intentions will be factored into the administrative decision-making. In addition, prefectures shall provide an environment where children can express their views and intentions, and have their rights protected.

5.Introduction of a judicial review of decisions made at the commencement of temporary custody [Child Welfare Act]

A new system shall be introduced such that child consultation centers first obtain a letter of temporary custody issued by a court when taking an abused child into temporary care or within 7 days of the commencement of the custody, except in cases where the person with parental authority agrees. The aim is to ensure the procedure's transparency and to allow judicial institutions to determine whether the custody by the child consultation center is appropriate.

6.Improving the expertise of professionals responsible for child and family welfare [Child Welfare Act]

A new requirement added prior to the appointment of child welfare officers is to have sufficient knowledge and skills in matters requiring a specialized response, such as when taking custody of abused children.

7.Improvement of the environment to protect children from indecent acts (strengthening efforts before the introduction of the Japanese version of Disclosure and Barring Service - a system requiring the submission of sexual offense records) [Child Welfare Act]

Stricter management of disqualifications for childcare workers who have committed indecent acts against children, informatization and sharing of information regarding suspension orders to babysitters who have committed indecent acts, as well as other necessary changes, shall be made.

The effective date is April 1, 2024 (except for #5, which will become effective on a date to be specified by Cabinet Order within 3 years after promulgation, and part of #7, which will become effective on a date 3 months after promulgation on April 1, 2023, or on a date to be specified by Cabinet Order within 2 years after promulgation).

For more information, please visit the website below.
https://www.mhlw.go.jp/content/11907000/000933350.pdf

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