[MHLW] Submission of a Report on the Review of the Comprehensive Support for Persons with Disabilities Act

On June 13, 2022, the Persons with Disabilities Division under the Social Security Council released a report titled "A Review of the Comprehensive Support Act for Persons with Disabilities [Amendment] – 3 years after its enforcement."

The "Comprehensive Support Act for Persons with Disabilities [Amendment]” (Act No. 65 of 2016) which is a Partial Amendment of the "Act to Provide Comprehensive Support for the Daily and Social Life of Persons with Disabilities" and the "Child Welfare Act”), was enacted in 2016. 

At that time, lawmakers decided to take necessary measures based on the outcome of the Amendment, considering the state of implementation within 3 years after its enactment. Accordingly, the Division began its study in March 2021, holding hearings with related organizations and discussions 13 times, and has summarized the results.

The report presents the following three basic ideas for review:

1.Community development to enable persons with disabilities to live as they wish in the community

Enhancement of support for persons with disabilities to help them realize and continue life in their desired community / Realization of an inclusive community / Promotion of cooperation between medical care and welfare sectors / Comprehensive support for people with psychosocial disabilities to enable them to live in the community.

2.Detailed responses to the needs of children and persons with disabilities in accordance with social changes

Establishment of a specialized, high-quality support system for children with disabilities (*should be addressed by the amended Child Welfare Act and other relevant legislation) / Promotion of employment that meets the diverse needs of people with disabilities

3.Realization of sustainable and high-quality welfare services for persons with disabilities

In addition, the highlights of each discussion point are as follows:

1.Support for persons with disabilities relative to where they want to live

  • The amendment should clarify the extent of support provided by group homes under the Comprehensive Support for Persons with Disabilities Act. That includes support for those residing in group homes who wish to live alone, those who want counseling and other forms of support to prepare them for independent living after leaving the group home. (A new type of group home service should be considered.)
  • Municipalities should be obliged to make efforts to promote the development of local life support bases and such.

2.Consultation support for persons with disabilities

  • Municipalities should be obliged to make efforts to establish core consultation support centers that support persons with disabilities living in the community.
  • The confidentiality obligation provision of councils should be stipulated in the amendment.

3.Employment support for persons with disabilities

  • A new service (tentatively named “Employment Choice Support") should be established for persons with disabilities to enable them to choose general employment or employment-related welfare settings that match their abilities and aptitudes. In the new service, the employment assessment method should be applied to objectively evaluate the person's abilities and aptitudes to provide the necessary assistance and accommodations to enable him or her to work.
  • While new at a company, the temporary use of employment-related welfare services for persons with disabilities should be made available if  they gradually increase working hours from 10 to less than 20 hours per week.

4.Support for persons with psychosocial disabilities and those with mental health issues

  • The amendment should stipulate that consultation support may be available to persons with mental health issues, and not only to those with psychosocial disabilities.
  • Mainly for in-patients admitted to psychiatric hospitals,  it is necessary for  medical care and protection measures to ensure opportunities for interaction with persons outside the hospitals by allowing visitations and consultations with the patients with the consent of the psychiatric hospital. This is indispensable for those who are without contact with their family members and are thus admitted with the consent of the municipality's mayor.
  • The period of hospitalization for medical care and for protection measures should be defined. The psychiatric hospital administrator should check each period to see if the patient meets the requirements for hospitalization.
  • The number of persons eligible under the discharge promoting measures should be expanded.
  • As to matters to be notified to the persons hospitalized for medical care and for protection measures and to those hospitalized by administrative decision, an amendment should be added stating the reason for the hospitalization. In addition, it should stipulate that family members shall be notified before giving consent to the hospitalization because they have the right to request discharge from the hospital.
  • Even if a family member is present, the mayor of the municipality should be given the authority to decide whether or not to give consent to the hospitalization for medical care and protection measures in cases where it is impossible to confirm the family member's intention.
  • It is appropriate to consider that the mayor of the municipality shall be authorized  to decide whether or not to grant consent in cases where abuse is suspected between the patient and their family members.
  • When a worker and others find out about an abuse case in psychiatric institutions, the abuse should be reported to the local government, and the person/s who reported the case should be protected. Specific consideration should be given to institutionalizing this within the system.

5.Ensuring and improving the quality of welfare services for persons with disabilities

  • A database in the welfare field for persons with disabilities should be developed, and a mechanism for gathering information provided by third parties should be established.

6. Ensuring sustainability of the system

  • The amendment should introduce a system in relation to the prefectures’ designation of welfare service providers for persons with disabilities to allow municipalities to express their opinions and attach conditions deemed necessary from the perspective of coordination with the welfare plan for persons and children with disabilities.

7. Special exception for places of residence

  • Long-term care insurance facilities should be added to the scope of special exception for places of residence.

For more information, please visit the website below.
https://www.mhlw.go.jp/stf/shingi2/0000107941_00002.html

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