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Laws on preventing child abuse

Tokyo Metropolitan Government Ordinance regarding the Prevention of Child Abuse

Children, with their boundless potential, are uniquely valuable to society, and must therefore be given privilege in all situations.
Child abuse severely wounds children’s souls, forcibly taking away their natural brilliance, and at times their future potential. It goes without saying that child abuse is utterly unacceptable.
However, we must not ignore the fact that in this day of the nuclear family and less closely knit communities, there are parents and guardians whose difficulty raising their children without familial or community support drives them to committing child abuse.
For this reason, there is a great need for persistent effort from the Tokyo Metropolitan Government, Tokyo’s special wards and municipalities, and related ministries and organizations to ceaselessly support children and families, and foster healthy environments for children’s growth.
This ordinance is enacted under these premises, with the aims of spreading awareness of child abuse prevention throughout society as a whole, promoting child abuse prevention initiatives, and resolutely protecting children from abuse.
Chapter 1. General Provisions

(Purpose)
Article 1 This ordinance seeks to contribute to healthy environments for Children’s growth and the protection of Children’s rights and interests, through promoting and maintaining such environments by establishing the basics for policies that will protect Children from Abuse, based on the obligations of local public bodies stipulated in Article 4 Section 1 through Section 5 of the Child Abuse Prevention Law (2000 Law No. 82, hereafter referred to as “Law”), as well as defining the basic principles of protecting Children from Abuse and making clear the responsibilities of Tokyo Metropolitan Government (hereafter, Tokyo), Tokyo residents, Guardians, and Related Organizations.

(Definition of Terms)
Article 2 (1) Within this ordinance, the following terms are to be defined as written below.
• Child or Children: Persons under the age of 18.
• Guardian: Persons with parental authority over a Child, or who in reality have custody of and care for a Child.
• Abuse: Child abuse stipulated in Article 2 of the Law.
• Related Organization: An organization whose operations involve the welfare of Children, such as schools, child welfare facilities, hospitals, and public health care centers, or persons whose work involves the welfare of Children, such as school faculty, staff at child welfare facilities, doctors, dentists, public health nurses, midwives, nurses, and lawyers.
• Children and Families Support Center: A facility run by special wards and municipalities (hereafter referred to as “Wards and Municipalities”) that carries out projects such as community organization, and provides services such as Child and family general counseling and daycare.
• Operator: A corporate body, group, or person who conducts business within the Tokyo metropolitan area (hereafter, “metropolitan area”), or an owner or manager of a building within the metropolitan area who is not a Related Organization stipulated in item 4 above.
• Punishment in Violation of a Child’s Dignity: Any act committed by a Guardian when disciplining a Child that may cause physical or emotional pain (including cases in which the Child does not feel such pain), that goes against a Child’s interests.
(2) Terms used in this ordinance that are not listed in the previous section are to be defined as in the Child Welfare Act (1947 Law No. 164).

(Basic Principles)
Article 3 (1) Under the premises that Abuse is a grave infringement upon a Child’s rights and hinders the healthy growth of their body and mind, society as a whole is obligated to work for the prevention of such Abuse.
(2) In prevention of Abuse, the security of a Child’s safety and peace of mind, as well as their best interests, must be prioritized, while also respecting the Child’s wishes in an appropriate manner according to their age and development.

(Tokyo’s Duties and Obligations)
Article 4 (1) Tokyo shall establish the necessary systems and policies in order to prevent Abuse, in conformance with the stipulations of Section 1 through Section 5 of the Law and the basic principles stated in Article 3.
(2) Tokyo shall cooperate with Wards and Municipalities (including Children and Families Support Centers. Same in Article 7 Section 2 and Article 13 Section 2.) and support policies related to the prevention of Abuse implemented by Wards and Municipalities.
(3) Tokyo shall conduct awareness programs such as publicizing child rearing without the use of corporal punishment, fostering public understanding of the growth and independence of Abused Children, and disseminating Abuse prevention methods, pursuant to the provisions of Article 4 Section 4 of the Law.

(Tokyo Residents’ Duties and Obligations)
Article 5 (1) Tokyo residents and Operators (hereafter “residents et al.”) must make efforts to deepen understanding of child abuse prevention.
(2) Residents et al. must strive to cooperate with measures taken to confirm Children’s safety (hereafter, child safety confirmation measures) carried out, in accordance with the stipulations in Section 1 and Section 2 of Article 8 in the Law, by officials of Tokyo Child Guidance Offices or Tokyo Welfare Offices (hereafter, “Child Guidance Offices et al.”) and the mayors of Wards and Municipalities.
(3) Residents et al. must make efforts to deepen their understanding of Abuse, make considerations for the victims of child abuse (including those were raised in public child care institutions. Same in Article 14 Section 2. Also including those who have turned 18), and welcome them fairly into regional communities, in order for them to smoothly transition into being independent members of society.

(Guardians’ Duties and Obligations)
Article 6 (1) Guardians, as the primary caregivers involved in Children’s development, have an obligation to recognize the significant influence Abuse can have on a Child, and strive to ensure the healthy and wholesome growth of Children.
(2) Guardians must under no circumstances give corporal punishment or conduct other Punishment in Violation of a Child’s Dignity.
(3) Pregnant women and Guardians of infants or children not yet of school age must endeavor, pursuant to the provisions of Article 4 of the Maternal Child and Health Act (1965 Law No. 141), to comply with recommended physical and medical exams for pregnant women, infants, and children not yet of school age provided, pursuant to the provisions of Articles 12 and 13 of the same Maternal Child and Health Act, by Wards and Municipalities.
(4) Guardians and other persons living with a Child must cooperate with the child safety confirmation measures implemented, as stipulated in Article 8 Section 1 and Section 2 of the Law, by officials of Child Guidance Offices et al. and the mayors of Wards and Municipalities.
(5) Guardians who have received support or guidance, based on Article 13 Section 2, from a Tokyo Child Guidance Office must act in accordance with said guidance or support and implement necessary improvements.

(Related Organizations’ Duties and Obligations, etc.)
Article 7 (1) Related Organizations must be conscious of the ability to detect Abuse that their position affords them, and make efforts to detect Abuse as early as possible.
(2) Related Organizations must make a concerted effort to cooperate with Tokyo, Wards and Municipalities, and other civilian organizations in the promotion of policies regarding the prevention of Abuse.
(3) Related Organizations must strive to cooperate with the child safety confirmation measures implemented, as stipulated in Article 8 Section 1 and Section 2 of the Law, by officials of Child Guidance Offices et al. and the mayors of Wards and Municipalities.

Chapter 2. Abuse Prevention

(Abuse Prevention)
Article 8 (1) In order to prevent Abuse before it occurs, Tokyo shall provide the necessary support in setting up environments conducive to pregnancy, birth, and child rearing consultation, and support other policies implemented by Wards and Municipalities with regard to seamless maternal and child health care (including policies supporting children with disabilities).
(2) During and after school, and at locations Children gather on school holidays, Tokyo shall provide information and counseling services to Children to teach them about topics such as their inherent self-worth, their right to be protected by society, and what constitutes an infringement of their personal rights.
(3) In order to prevent unplanned pregnancies, Tokyo shall conduct awareness campaigns and provide information and counseling services to young persons regarding topics such as pregnancy and childbirth.
(4) Tokyo, in cooperation with medical organizations and Wards and Municipalities, shall work to provide information to women with unplanned pregnancies or pregnant women who have not consulted a medical institution, provide necessary support, and help them ensure opportunities for appropriate medical treatment.

Chapter 3. Early Abuse Detection and Response

(Creating environments conducive to reporting abuse)
Article 9 (1) In accordance with Article 6 Section 1 of the Law, persons who discover a Child they believe has been Abused must promptly report their findings to a Children and Families Support Center et al., or the Wards and Municipalities’ Child Guidance Offices et al. or other abuse reporting organization.
(2) Tokyo shall make Tokyo residents et al. and Related Organizations et al. aware of their duty to protect children and report Abuse pursuant to the provisions of Article 6 Section 1 of the Law, and establish environments and systems in which persons who have detected Abuse can easily report their findings, and in which Abused Children can also readily find counsel.
(3) In the event that staff of a Child Guidance Office et al. receives a report of the kind stipulated in Article 6 Section 1 of the Law, they shall not leak any information acquired in the course of their duties regarding the report that could be used to identify the person who reported the Abuse, as stipulated in Article 7 of the Law.

(Child Safety Confirmation Measures)
Article 10 (1) In the following situations, officials of Child Guidance Offices et al. must promptly carry out child safety confirmation measures, as stipulated in Article 8 Section 1 and Section 2 of the Law.
• A report of the kind stipulated in Article 6 Section 1 of the Law is received
• A family member, relative, or Child is counseled regarding Abuse
• An official of the Child Guidance Office et al. is personally concerned that Abuse may be occurring
• Abuse claims are transferred from another Child Guidance Office, or such claims are forwarded from Wards and Municipalities or a Tokyo Welfare Office.
(2) In the event that it is necessary for officials of Tokyo Child Guidance Offices to exercise their authority over matters such as temporary custody as stipulated in Article 8 Section 2 Item 1 of the Law, summons as stipulated in Article 8 Section 2 of the Law, investigations of premises and questioning pursuant to the provisions of Article 9 Section 1 of the Law, as well as raids or searches pursuant to the provisions of Article 9.3 Section 1 of the Law and investigations and questioning as stipulated in Article 9.3 Section 2 of the Law (hereafter, “raids etc.”), they must promptly exercise said authority in cooperation with Related Organizations et al.
(3) In order to appropriately and precisely respond to Abuse claims, Tokyo shall share necessary information with the police.
(4) When carrying out child safety measures, taking or attempting to take temporary custody, attempting to carry out investigations of premises and questioning, or attempting to conducts raids etc. as stipulated in Section 1 and Section 2, officials of Tokyo Child Guidance Offices may request the assistance of the chief of the police station under whose jurisdiction the Child in question’s address or temporary place of residence falls, pursuant to the provisions of Article 10 Section 1 of the Law.
(5) In the event of requesting support as stipulated in the previous section, officials of Tokyo Child Guidance Offices must act as swiftly and appropriately as necessary to confirm and secure the safety of Children, without fail.

(Investigations, etc. Conducted by Child Guidance Offices et al.)
Article 11 (1) Officials of Child Guidance Offices et al. may request the following organizations and persons to provide information regarding the physical and mental states of Children and their Guardians in cases of Abuse, information regarding other children relevant to the prevention of Abuse and the environments of these parties, and information about these children’s Guardians and other relevant persons. In this event, persons of whom information is requested may provide such information, so long as officials of Child Guidance Offices et al. use the information only as necessary for their work in the prevention etc. of Abuse and have a suitable reason for the necessity of said information. However, this does not apply if there is reasonable concern that the provision of such information would unfairly infringe upon the rights and interests of Children related to the information, their Guardians, or other related persons or third parties.
• Organizations of Tokyo, wards, and municipalities.
• Related Organizations et al. (not including those in the previous item)
• Operators
(2) In the event that officials of Child Guidance Offices obtain information in accordance with the stipulations of the previous section, they must use appropriate methods to obtain, control, and use said information, with full understanding that such use is only specially permitted for the purpose of Abuse prevention and response.

(Cooperation and Information Sharing, etc.)
Article 12 (1) In the event of a Tokyo Child Guidance Office transferring an Abuse claim to or from another Child Guidance Office, appropriate and responsible transfer of control must be conducted in accordance with the urgency and severity of the claim.
(2) On the basis that Child Guidance Offices conduct activities that require specialized knowledge and skills and are responsible for services such as taking temporary custody of children and placing children in foster care or in the care of foster parents, and that Children and Families Support Centers conduct services such as providing support counseling for children and families in their regional communities and child support services, Tokyo Child Guidance Offices shall work in close cooperation with Children and Families Support Centers and other organizations run by Wards and Municipalities.
(3) In order to make possible early Abuse detection and response and support Abused Children and their Guardians, Tokyo and Tokyo Child Guidance Offices shall make full use of the Regional Council of Countermeasures for Children Requiring Aid (hereafter referred to as the “Aid Council”), and share information regarding Children and their families as necessary with Children and Families Support Centers, Related Organizations et al., and other groups related to claims of Abuse.
(4) In order to to secure and stimulate the smooth operation of Aid Councils established by Wards and Municipalities, Tokyo shall provide advice and assistance as necessary.

Chapter 4. Support for Abused Children and their Guardians

(Support for Abused Children and their Guardians)
Article 13 (1) In order to promote the healthy growth of Children’s bodies and minds, Tokyo shall provide Abused Children with support and education with proper consideration of their age and physical and mental states, etc.
(2) In cooperation with Wards and Municipalities and Related Organizations et al., Tokyo Child Guidance Offices shall provide Guardians of Abused Children with necessary guidance and support regarding the formation of family environments conducive to the healthy growth of a Child’s body and mind, the construction of proper parent-child relationships, and never committing Abuse again.

Chapter 5. Social Childcare

(Social Childcare and Fostering Independence)
Article 14 (1) In order to improve social childcare for Abused Children, Tokyo shall endeavor to assist enterprises such as awareness programs for the foster care system, promotion of foster parent training and entrusting Children with foster parents et al., nurseries for infants, facilities such as foster homes, independence support homes, and other social operations regarding childcare.
(2) In order for Abused Children to smoothly transition into being independent members of society, Tokyo shall provide support, and conduct awareness campaigns.

Chapter 6. Training Childcare Workers

(Training Childcare Workers)
Article 15 (1) In order to appropriately and precisely respond to Abuse, Tokyo must train workers in early Abuse detection and response and with other specialized knowledge and skills regarding the prevention of Abuse, and appropriately maintain management systems of Tokyo Child Guidance Offices.
(2) In order to promote training of childcare workers in Wards and Municipalities and Related Organizations et al., Tokyo shall carry out training sessions for the purpose of acquiring specialized knowledge and skills.
(3) Tokyo shall endeavor to support organizations such as community child-rearing support groups and civilian organizations working to prevent Abuse.

(Inspection of Child Abuse Cases Resulting in Death)
Article 16 (1) Tokyo shall aggressively promote initiatives regarding preventing the recurrence of cases in which Child Abuse resulted in death, such as appropriate training for Child Guidance Offices, Children and Families Support Centers, and other persons whose work involves the welfare of Children, based on the results of inspection of such cases, pursuant to the provisions of Article 4 Section 5 of the Law.
(2) When Tokyo is to conduct an inspection pursuant to the provisions of Article 4 Section 5 of the Law, it shall apply the law with modifications stipulated in Article 11 Section 1 of this Ordinance. In this case, “Officials of Child Guidance Offices et al.” shall be read as “Tokyo,” “provide information regarding the physical and mental states of Children and their Guardians in cases of Abuse, information regarding other children relevant to the prevention of Abuse and the environments of these parties, and information about these children’s Guardians and other relevant persons” shall be read as “provide necessary information,” “their work in the prevention etc. of Abuse” shall be read as “inspection,” and “related to the information” shall be read as “related to the case.”

(Official Publicity)
Article 17 Tokyo will annually disseminate the status of policy implementation regarding Child Abuse prevention, over the internet and through other methods.

Supplementary Provisions

(1) This Ordinance will come into effect as of April 1st, 2019.
(2) Tokyo will take into consideration changes in the social environment, the status of enforcement of the provisions of this Ordinance, and the status of other initiatives regarding Child Abuse prevention, and when a need is established, will take necessary measures based on re-examination of the provisions of this Ordinance.