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HOME > Children's Rainbow Center > The Child Abuse Protection Law
Enacted November 20, 2000 (May 24, 2000: Law No. 82) Revised October 1, 2004(April 14, 2004: Law No.30)
Article 1. (Objective)
Child abuse is a grievous infringement on the rights of children, which can have serious effects on their mental and physical growth and character formation. Given this and the concern for fostering future generations in Japan, this law aims to set forth the responsibilities of central and local government agencies for the prohibition, early discovery, and prevention of child abuse, as well as measures for the protection and support for independence of the children involved as a means to prevent such abuse. |
Article 2. (Definition of Child Abuse)
In this law, "child abuse" shall mean one or another of the following acts done to a child (a person under 18 years of age, both here and hereinafter), by a guardian (a person exerting parental authority or another person acting as caretaker of a minor having actual custody of the child; the same shall apply hereinafter):
- Physical abuse resulting in bodily injury to a child, or violent acts deemed to result in such injury.
- Coercion of any child by a parent or a caregiver to engage in, or assist another person to engage in, any sexually explicit conduct with a child.
- Preventing the normal physical and mental development of a child through neglect by markedly reducing nutrition, abandonment for over long periods, failure to prevent acts by a person living with the child other than the parent as described in the previous Item 2 or the following item, and seriously neglecting care as a guardian.
- Strong verbal abuse or an attitude of rejection toward the child, or violence words and actions directed against a spouse living in the child's household (illegal physical aggression against the spouse ("spouse" also refers to people living in a marital relationship for all practical purposes, even though a marriage has not been registered) that is injurious to life or body, or corresponding words or actions that cause psychological damage) that cause severe psychological trauma in the child.
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Article 3. (Prohibition of Child Abuse)
No one shall be allowed to abuse a child. |
Article 4. (Responsibilities of Central and Local Government Agencies)
Central and local government agencies shall be required to strengthen their cooperation with related government agencies and other organizations and community agencies, and provide other necessary system improvements to prevent child abuse, in order to provide appropriate guidance and support with necessary consideration so that an abused child can live in a positive family environment, promote rebuilding of the parent-child relationship in parents that abuse their children and prevention and early discovery of such abuse, and provide swift, sure protection and support for independence of abused children (including support for abused children who have become 18 years of age. The same shall apply in Clause 3 of this Article, and in Clause 2 of the following Article).
2. Central and local government agencies shall take necessary measures, including training, so that employees of child guidance centers and other related organizations, teachers, staff members of welfare facilities, doctors, public heath nurses, lawyers, and other people who have opportunities to encounter child abuse in their work can discover child abuse at an early stage, and contribute in other ways to the prevention of child abuse
3. Central and local government agencies shall take the steps necessary to find, train and qualify staff members of child guidance centers and other affiliated agencies, teachers, staff members of welfare facilities, and other people to be professionally involved in the protection and support for independence of abused children, so that abused children shall receive appropriate protection and support for independence based on intervention by persons with professional expertise.
4. To contribute to the prevention of child abuse, central and local government agencies shall be required to disseminate information so as to raise public awareness of children's rights and the effects of child abuse on children, and the obligation of one and all to notify authorities of suspected cases of such abuse.
5. Central and local government agencies shall conduct survey studies and examinations as needed to contribute strategies for the prevention and early discovery of child abuse, ways to provide care for abused children and guidance and support for parents who abuse their children, and the roles of teachers and staff members at welfare facilities in preventing child abuse, as well as other means of preventing child abuse.
6. Everyone must become aware of the fact that a good family environment and community ties ensure the sound and healthy growth of children. |
Article 5. (Early Detection of Child Abuse and Other Obligations)
Schools, welfare facilities, hospitals, and other organizations professionally involved in child welfare, as well as teachers, staff members of welfare facilities, doctors, public health nurses, lawyers and other individuals professionally involved in child welfare, shall keep in mind that their position allows them to readily detect child abuse, and that they must strive to discover such cases early.
2. The people indicated in the preceding Clause shall be required to cooperate with the measures and policies of central and local government agencies to prevent all forms of child abuse, and protect abused children and support their independence.
3. Schools and welfare facilities shall be required to conduct education and training of children and parents on the prevention of child abuse. |
Article 6. (Notification regarding Child Abuse)
When a person discovers a child he or she thinks is being abused, he or she is obliged to report the case with all due haste, either directly or through a child committee, to a municipal or prefectural welfare agency or child guidance center.
2. The notification required in the preceding Part is considered to be the notification prescribed by Article 25 of the Child Welfare Law, and shall be applied to the prescriptions of that law.
3. The duty of confidentiality under Criminal Law (Law No. 45, 1907) and other statutes can not be interpreted as interfering with the notification of a case of child abuse as prescribed in Clause 1. |
Article 7.
When child guidance centers or welfare agencies are notified of cases of child abuse in accordance with the preceding Article 6 Clause 1, the head of such institutions, staff members, other employees or appointed child welfare workers made aware of the notification, shall be obliged to keep the source of the notification in strictest confidence. |
Article 8. (Procedures When Notifying or Upon Being Notified)
When a municipal or prefectural welfare agency receives a report as described in Article 6 Clause 1, the head of the municipality or welfare agency shall strive to assure the safety of the child in question, with cooperation as needed from neighbors, teachers, child welfare facility staff members, or others, through interviews with the child and other means. As necessary, they will send the matter to a child guidance center in accordance with Article 25.7, Clause 1 Part 1 or Clause 2 Part 1 of the Child Welfare Law, or Article 25.8 Part 1 of the same law.
2. When child guidance centers are notified as prescribed in Article 6 Clause 1 or according to Article 25 Clause 1 Part 1 of the Child Welfare Law, or notified in writing of the case thereof according to Clause 2 Part 1 or Clause 8 Part 1 of the same Law, the head of the given center shall assure the safety of the child involved, with cooperation as needed from neighbors, teachers, child welfare facility staff members, or others, through interviews with the child or other means, and, as the case may require, assume temporary custody in accordance with Clause 1 Article 33 of the above Law.
3. The person who assures the safety of the child, sends the matter to a child guidance center, or takes temporary custody of the child as stipulated in the preceding Clause 2, is required to do so with all due haste. |
Article 9. (On-the-Spot Investigation)
When a possible case of child abuse is recognized, the governor of a metropolitan or other prefecture may order an appointed prefectural child welfare worker or staff member engaged in child welfare work to visit the home or actual place of residence of a child in order to conduct the requisite investigation or make inquiries. The person empowered to make such visits shall carry appropriate official identification.
2. The on-the-spot visits for investigations or inquiries conducted in accordance with the abovementioned regulations by a specially-appointed child welfare worker or prefectural staff members engaged in child welfare shall be regarded as carried out under Article 29 of the Child Welfare Law, and Clause 1 of Article 62 of the same Law shall apply. |
Article 10. (Request for Assistance Made to the Chief of Police)
When the head of the child guidance center attempts to assure the safety of or take into temporary custody a child as described in Clause 2 of Article 8, he or she may request assistance from the chief of the police department with jurisdiction over the area where the child resides. The same shall apply in cases when the prefectural governor orders a search of premises, investigation, or questioning in accordance with Clause 1 of the preceding Article.
2. The head of a child guidance center or prefectural governor must request assistance, as appropriate and necessary, from the chief of police as stipulated in the preceding Clause, from the standpoint of assuring and employing all possible means to assure the safety of a child.
3. A police chief who receives a request for assistance, as stipulated in clause 1, is required to use measures as set down in the Policeman¡Çs Duty Performance Law (Law No.136, 1948) and other laws as necessary to assure the life and physical safety of the child, and to provide assistance to carry out duties stipulated in this Clause with police officers under him or her, with all due haste, when seen to be necessary for such assurance. |
Article 11. (Obligation of Abusive Parents to Receive Guidance)
Guidance for abusive parents stipulated in Clause 1 Part 2 of Article 27 of the Child Welfare Law shall be conducted appropriately with consideration of rebuilding the parent-child relationship and other necessary matters so that the abused child can live in a good family environment.
2. When the measures stipulated by Clause 1 Part 2 of Article 27 of the Child Welfare Law are applicable to a parent or guardian abusing a child, said person shall be obliged to receive guidance according to the above legal provision.
3. Should a parent or guardian refuse such guidance in a case of preceding Clause, the governor of the prefecture may recommend that the party receive the legally stipulated guidance. |
Article 12. (Restriction of Contact and Communication)
When the measures of Clause 1 Part 3 of Article 27 of the Child Welfare Law (hereinafter, ¡Èplacement in a facility¡É) (limited to the stipulations of Article 28 Part 3 of the same Law) are taken, the head of the child guidance center or the person in charge of the facility under said item may restrict contact or communications with the child by the parent or guardian who abused the child so as to prevent further abuse and duly protect the child.
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Article 12-2.
When an abused child has been placed in an institution or other facility (excluding cases according to the stipulations of Article 28 of the Child Welfare Law), and the parent who abused the child requests that the child be returned to him or her, or requests meetings or communication with the child, and again abuses the child or fails to protect the abused child when such requests are granted, the head of the child guidance center may take the child under temporary custody according to the stipulations of Article 33 Clause 1 of the same Law, until the report indicated in the following Clause is made.
2. When the head of a child guidance center takes temporary custody of a child as in the preceding Item, he or she is required to make a report, with all due haste, to the prefectural governor with regard to the need for this measure in accordance with the stipulations of Article 28 of the Child Welfare Law, based on the stipulations of Clause 1 Part 1 of Article 26 of this same Law. |
Article 13. (Opinion of Child Welfare Officer)
When measures such as placement of an abused child in an institution are taken, or measures are taken for a parent or caretaker under Clause 1 Part 2 of Article 27 of the Child Welfare Law, the governor of the metropolitan or other prefecture shall seek the opinion of the child welfare specialist or the like who provided the guidance in accordance with the same Part when attempting to release the child in question from the measure of institutionalization. |
Article 13-2. (Support for Abused Children)
When a municipality chooses to place an abused child in a child care center in accordance with the stipulations of Clause 3 of Article 24 of the Child Welfare Law, consideration must be given to the welfare of families needing special support to contribute to the prevention of child abuse.
2. Central and local government agencies must implement necessary measures to improve or enhance education content and methods for abused children, so that they can receive sufficient education according to their ages and abilities.
3. Central and local government agencies must implement measures to ensure a place to live and support continuing education, employment or other means to support the independence of people subjected to child abuse. |
Article 14. (Appropriate Exercise of Parental Authority)
The person who exercises parental authority shall take due care for the appropriate discipline of the child.
2. Persons with parental authority can not escape criminal punishment for the crimes of violence, injury or other crimes of abuse committed against the children simply because they have been entrusted to their parental authority. |
Article 15. (Appropriate Use of System for Removal of Parental Authority)
The system for the removal of parental authority set forth in the Civil Code (Law No. 89, 1896 ) shall be applied when appropriate to prevent child abuse and protect children who are being abused. |
| Article 16. (Special Cases in Large Cities) |

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