Article 1The purpose of this Act is to specify fundamental particulars in all fields of services aimed at social welfare and, in conjunction with other laws that aim at improving social welfare, to protect the interests of welfare service users and further social welfare in local communities (hereinafter referred to as "Community Welfare "), as well as ensuring fair and appropriate implementation of social welfare services and facilitating the sound development of services aimed at social welfare, and to thereby contribute to increased social welfare.

Article 2(1)The term "social welfare services" as used in this Act means Type 1 social welfare services and Type 2 social welfare services.

(2)The services listed below are Type 1 social welfare services:

(3)The services listed below are Type 2 social welfare services:

(4)The term "social welfare services" as used in this Act does not include the following services:

Article 3Welfare services must take preserving the dignity of the individual as their principle, and must be of a high-quality, appropriate substance for supporting welfare service users in healthful mental and physical betterment or in living their daily lives independently and in accordance with their own abilities.

Article 4Local residents, persons managing services aimed at social welfare, and persons engaged in activities related to social welfare cooperate with each other to endeavor to further community welfare, so that each local resident needing welfare services can live their daily life as a member of the local community and have the opportunity to participate in social, economic, cultural, or other various activities in all fields.

Article 5Persons managing services aimed at social welfare endeavor to ensure the provision of their various welfare services comprehensively, using their originality and ingenuity to maintain an organic linkage with health and medical services and other related services, while sufficiently respecting users' preferences.

Article 6The national and local governments must, in cooperation with persons managing services aimed at social welfare, formulate policies that ensure the presence of systems through which welfare services are provided, formulate policies that promote the appropriate utilization of welfare services, and take other necessary measures, so that services aimed at social welfare can be implemented broadly and systematically.

Article 7(1)In order to investigate and deliberate subject matters involving social welfare (excluding subject matters involving child welfare and the welfare of persons with psychological disorders), councils and other organizations for consensual decision-making with regard to social welfare (hereinafter referred to as a "local social welfare council") must be established in the prefectures, in the designated cities set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947) (hereinafter referred to as a "designated city"), and in the core cities set forth in Article 252-22, paragraph (1) of the same Act (hereinafter referred to as a "core city").

(2)A local social welfare council must be under the supervision of the prefectural governor or the mayor of the designated city or core city, and must give advice in response to consultations by the governor or the mayor and state its opinions to the relevant administrative agencies.

Article 8(1)A local social welfare council consists of no more than 35 members.

(2)When it is necessary for investigating and deliberating special subject matters, ad-hoc members may be appointed to a local social welfare council.

Article 9Regular and ad-hoc members of a local social welfare council are appointed by the prefectural governor or the mayor of the designated city or core city from among members of the legislative assembly of the prefecture, designated city, or core city, persons engaged in social welfare services, and persons with relevant academic experience.

Article 10A local social welfare council has one chairperson, who is elected by and from among the council members. The chairperson presides over the business of the council.

Article 11(1)A local social welfare council has in place a commissioned welfare volunteer screening committee to investigate and deliberate subject matters involved in screening people for suitability as commissioned welfare volunteers, and has in place a committee on the welfare of persons with physical disabilities to investigate and deliberate subject matters involving the welfare of persons with physical disabilities.

(2)A local social welfare council may have a committee on the welfare of the elderly and other special committees, as needed, to investigate and deliberate subject matters other than those set forth in the preceding paragraph.

Article 12(1)Notwithstanding the provisions of Article 7, paragraph (1), a prefecture, designated city, or core city may have its local social welfare council investigate and deliberate subject matters that involve child welfare, pursuant to the provisions of a Prefectural or City Ordinance.

(2)If a local social welfare council is made to investigate and deliberate subject matters that involve child welfare pursuant to the provisions of the preceding paragraph, the phrase "no more than 35" in Article 8, paragraph (1) is deemed to be replaced with "no more than 50," and the phrase " has in place a committee on the welfare of persons with physical disabilities to investigate and deliberate subject matters involving the welfare of persons with physical disabilities." in paragraph (1) of the preceding Article shall be deemed to be replaced with "has in place a committee on the welfare of persons with physical disabilities to investigate and deliberate subject matters involving the welfare of persons with physical disabilities, and has in place a child welfare committee to investigate and deliberate subject matters involving child welfare."

Article 13Other necessary particulars with regard to local social welfare councils, beyond what is prescribed in this Act, are specified by Cabinet Order.

Article 14(1)Prefectures and cities (including special wards; the same applies hereinafter) must establish welfare offices, pursuant to the provisions of Prefectural or City Ordinance.

(2)A prefecture or city must place its areas (for a prefecture, excluding the areas of the cities and the areas of towns or villages that have established their own welfare offices) under the administrative jurisdiction of a welfare office.

(3)A town or village may establish welfare offices under whose administrative jurisdiction it places its areas, pursuant to a Town/Village Ordinance.

(4)A town or village may establish an office set forth in the preceding paragraph, as needed, by setting up an administrative association or cross-regional federation, pursuant to the provisions of the Local Autonomy Act. When this occurs, the town/village areas within the administrative association or cross-regional federation constitute the jurisdictional area of the office.

(5)The welfare offices established by a prefecture are the bodies that take charge of the administrative functions given to the prefecture to handle in connection with measures for aid or upbringing, as provided for in the Public Assistance Act, the Child Welfare Act, and the Act on Mothers with Dependents and Widows.

(6)The welfare offices established by a municipality (including special wards; the same applies hereinafter) are the bodies that take charge of the administrative functions given to the municipality to handle in connection with measures for aid, upbringing, or rehabilitation, as provided for in the Public Assistance Act, the Child Welfare Act, the Act on Mothers with Dependents and Widows, the Act on Social Welfare for the Elderly, the Act on Welfare of Physically Disabled Persons, and the Act on Welfare of Mentally Retarded Persons (except for those provided under Cabinet Orders).

(7)The establishment or abolition of town/village welfare offices must take place at the beginning or end of the fiscal year.

(8)When a town or village seeks to establish or abolish welfare offices, it must consult with the prefectural governor and obtain their consent no later than six months prior to the establishment or abolition.

Article 15(1)A welfare office must have a head of office and at least the following staff members; provided, however, that if it does not hinder the head of office from performing their own duties and the head themselves provide guidance and supervision for operational work, the welfare office is not required to have the staff members set forth in item (i):

(2)The head of office administers the affairs of the office, under the direction and supervision of the prefectural governor or the municipal mayor (including mayors of special wards; the same applies hereinafter).

(3)Staff members who provide guidance/supervision take charge of guiding and supervising operational work, under the direction and supervision of the head of office.

(4)Staff members engaged in operational work take charge of interviewing persons who need aid, upbringing, or rehabilitation, by visiting their homes or without doing so, and examining their assets and environments, judging the necessity of assistance and other measures, specifying appropriate types of measures, and providing them with daily life guidance, under the direction and supervision of the head of office.

(5)Staff members engaged in clerical work take charge of the administrative affairs of the office, under the direction and supervision of the head of office.

(6)Staff members set forth in paragraph (1), item (i) and item (ii) must be social welfare officers.

Article 16The fixed numbers of staff members are specified by Prefectural and Municipal Order; provided, however, that the number of staff members engaged in operational work is specified for each office, with the relevant numbers listed in the following items as the standard:

Article 17Staff members set forth in Article 15, paragraph (1), item (i) and item (ii) must engage solely in duties prescribed in paragraph (3) or paragraph (4) of the same Article, respectively; provided, however, that this does not preclude these staff members from carrying out other administrative functions involving social welfare or health and medical care if those functions do not interfere with the performance of their own duties.

Article 18(1)Social welfare officers are appointed for a prefecture, city, or town or village that has established welfare offices.

(2)A town or village other than one prescribed in the preceding paragraph may appoint social welfare officers.

(3)The duty of a prefecture's social welfare officers is to engage in administrative functions involved in aid or upbringing measures provided for in the Public Assistance Act, the Child Welfare Act, and the Act on Welfare of Mothers with Dependents and Widows at the welfare offices established by the prefecture.

(4)The duty of a city's social welfare officers and the social welfare officers of a town or village prescribed in paragraph (1) is to engage in administrative functions involved in aid, upbringing, or rehabilitation measures provided for in the Public Assistance Act, the Child Welfare Act, the Act on Mothers with Dependents and Widows, the Act on Social Welfare for the Elderly, the Act on Welfare of Physically Disabled Persons, and the Act on Welfare of Mentally Retarded Persons at the welfare offices established by the city or the town or village prescribed in the same paragraph.

(5)The duty of social welfare officers appointed under the provisions of paragraph (2) are to engage in administrative functions involved in aid or rehabilitation provided for in the Act on Social Welfare for the Elderly, the Act on Welfare of Physically Disabled Persons, and the Act on Welfare of Mentally Retarded Persons.

Article 19(1)Social welfare officers are officials positioned as a support mechanism to the prefectural governor or the municipal mayor, and must be appointed from among persons who are 20 years of age or older and of honorable character, who have a developed sense of discretion, are enthusiastic about increasing social welfare, and who fall under any of the following items:

(2)The necessary particulars involved in the designation of a training organization set forth in item (ii) of the preceding paragraph are specified by Cabinet Order.

Article 20Upon the enforcement of this Act, the Public Assistance Act, the Child Welfare Act, the Act on Welfare of Mothers with Dependents and Widows, the Act on Social Welfare for the Elderly, the Act on Welfare of Physically Disabled Persons, and the Act on Welfare of Mentally Retarded Persons, the prefectural governor, the mayor of a designated city, and the mayor of a core city must establish and implement the necessary plans for providing guidance and supervision for the administrative functions fulfilled by the staff members of the relevant departments.

Article 21In order to enhance the aptitude of officials engaged in administrative functions related to the enforcement of this Act, the Public Assistance Act, the Child Welfare Act, the Act on Welfare of Mothers with Dependents and Widows, the Act on Social Welfare for the Elderly, the Act on Welfare of Physically Disabled Persons, and the Act on Welfare of Mentally Retarded Persons, the prefectural governor must provide the necessary training for officials of the relevant prefectural departments and municipal officials, and the mayor of a designated city and the mayor of a core city must provide the necessary training for officials in the relevant departments.

Article 60Among social welfare services, Type 1 social welfare services are managed, in principle, by the national or local government, or social welfare corporations.

Article 61(1)The national or local government, social welfare corporation, or other persons managing social welfare services must clearly define its responsibilities, in accordance with the following:

(2)The provisions of item (i) of the preceding paragraph do not prevent the national or local government from entrusting persons managing other social welfare services with the national or local government's social welfare services, such as the admission of persons needing welfare services to a facility or other measures.

Article 62(1)If a municipality or a social welfare corporation seeks to establish a facility and manage Type 1 social welfare services, it must notify the governor of the prefecture where it seeks to establish that facility (hereinafter referred to as a "social welfare facility") of the following particulars, prior to commencing those services:

(2)If a person other than the national government or a prefecture, municipality, or social welfare corporation seeks to establish a social welfare facility and manage Type 1 social welfare services, the person must obtain permission from the governor of the prefecture where the person seeks to establish the facility, prior to commencing the services.

(3)A person who seeks to obtain the permission set forth in the preceding paragraph must submit a written application detailing the following particulars, in addition to the particulars listed in the items of paragraph (1), to the prefectural governor:

(4)When a prefectural governor has received an application for permission set forth in paragraph (2), the governor must examine whether the application conforms to the minimum standards that the Minister of Health, Labour and Welfare specifies pursuant to Article 65, as well as examine the application based on the following criteria:

(5)A prefectural governor must grant permission to establish a social welfare facility if they find that the application conforms to the criteria prescribed in the preceding paragraph as a result of the examination prescribed in the same paragraph.

(6)In granting the permission set forth in the preceding paragraph, the prefectural governor may attach conditions that they find necessary for ensuring the proper administration of the services.

Article 63(1)A person who has notified the prefectural governor pursuant to the provision of paragraph (1) of the preceding Article must, if any of the particulars of which they have notified the prefectural governor have changed, notify the prefectural governor of this, within one month from the date of the change.

(2)If a person who has obtained permission pursuant to the provisions of paragraph (2) of the preceding Article seeks to change any of the particulars listed in paragraph (1), item (iv), item (v), and item (vii) of the same Article, and paragraph (3), item (i), item (iv), item (v) of the same Article, the person must obtain permission from the prefectural governor to do so.

(3)The provisions of paragraph (4) to paragraph (6) of the preceding Article apply mutatis mutandis when an application for permission is filed pursuant to the provision of the preceding paragraph.

Article 64If a person who has notified the prefectural governor under Article 62, paragraph (1) or obtained permission under paragraph (2) of the same Article and who manages social welfare services seeks to discontinue those services, the person must notify the prefectural governor of this by one month prior to the date of the discontinuation.

Article 65(1)The Minister of Health, Labour and Welfare must specify the minimum standards necessary for the scale and structure of the equipment in a social welfare facility, the ways in which welfare services are provided, the handling of complaints from the users, and other matters regarding the management of social welfare facilities.

(2)The establisher of a social welfare facility must observe the standards set forth in the preceding paragraph.

Article 66A social welfare facility must have a full-time manager.

Article 67(1)If a municipality or a social welfare corporation has commenced Type 1 social welfare services that do not require a facility, it must notify the governor of the prefecture where it manages the services of the following particulars, within one month from the date on which it commences those services:

(2)When a person other than the national government or a prefecture, municipality, or social welfare corporation seeks to manage Type 1 social welfare services that do not require a facility, it must obtain permission from the governor of the prefecture where it seeks to manage the services, prior to commencing the services.

(3)A person who seeks to obtain the permission set forth in the preceding paragraph must submit a written application detailing the particulars listed in the items of paragraph (1), and in Article 62, paragraph (3), item (i), item (iv) and item (v), to the prefectural governor.

(4)When a prefectural governor has received an application for permission set forth in paragraph (2), the governor must examine the application based on the criteria listed in the items of Article 62, paragraph (4).

(5)The provisions of Article 62, paragraph (5) and paragraph (6) apply mutatis mutandis to a case under the preceding paragraph.

Article 68A person who has notified the prefectural governor pursuant to paragraph (1) of the preceding Article or obtained permission under paragraph (2) of the same Article and who manages social welfare services must, if any of the particulars of which the person notified or which the person detailed in the written application for permission have changed, notify the prefectural governor of this within one month from the date of the change. The same applies when the person has discontinued the services.

Article 69(1)If a person other than the national government or a prefecture has commenced Type 2 social welfare services, the person must notify the governor of the prefecture where the person manages the services of the particulars listed in the items of Article 67, paragraph (1), within one month from the date on which the person commences those services.

(2)A person who has notified the prefectural governor pursuant to the preceding paragraph must, if any of the particulars of which the person notified have changed, notify the prefectural governor of this within one month from the date of the change. The same applies when the person has discontinued the services.

Article 70In order to achieve the purpose of this Act, a prefectural governor may request a person managing social welfare services to submit reports on subject matters that the prefectural governor finds to be necessary or have the relevant officials inspect its facilities, books, and documents, and examine the conditions of the person's management of services.

Article 71If the prefectural governor comes to find that the facility of a person who has notified the prefectural governor pursuant to Article 62, paragraph (1) or obtained permission under paragraph (2) of the same Article and who manages social welfare services, fails to conform to the minimum standards set forth in Article 65, the prefectural governor may order the person managing the services to take the necessary measures to conform to the standards set forth in the same Article.

Article 72(1)When a person who has notified the prefectural governor pursuant to Article 62, paragraph (1), Article 67, paragraph (1) or Article 69, paragraph (1) or obtained permission under Article 62, paragraph (2) or Article 67, paragraph (2) and who manages social welfare services, has violated the conditions under Article 62, paragraph (6) (including as applied mutatis mutandis pursuant to Article 63, paragraph (3) and Article 67, paragraph (5)); has violated the provisions of Article 63, paragraph (1) or paragraph (2), Article 68, or Article 69, paragraph (2); has failed to comply with the request to submit a report under Article 70 or submitted a false report; has refused, interfered with, or evaded an inspection or examination by the relevant officials under the same Article; has violated an order under the preceding Article; has wrongfully sought to profit from the services; or has acted wrongfully with regard to the treatment of persons receiving welfare services, the prefectural governor may restrict the person's management of social welfare services, order the person to suspend its management of social welfare services, or rescind the permission set forth in Article 62, paragraph (2) or Article 67, paragraph (2).

(2)If a person who has notified the prefectural governor pursuant to Article 62, paragraph (1), Article 67, paragraph (1) or Article 69, paragraph (1) or made a notification based on other Acts prescribed in Article 74 or who has obtained permission under Article 62, paragraph (2) or Article 67, paragraph (2) or obtained permission or approval based on other Acts prescribed in Article 74, and who manages social welfare services (referred to as an "administrator of social welfare services" in the following Chapter), has violated the conditions under paragraph (2) of the following Article or has violated the provisions of Article 77 or Article 79, the prefectural governor may restrict the person's management of social welfare services, order the person to suspend its management of social welfare services, or rescind the permission set forth in Article 62, paragraph (2) or Article 67, paragraph (2) or the permission or approval based on other Acts prescribed in Article 74.

(3)If a person managing social welfare services in violation of the provisions of Article 62, paragraph (1) or paragraph (2), Article 67, paragraph (1) or paragraph (2), or Article 69, paragraph (1), has wrongfully sought to profit from the services or has acted wrongfully with regard to the treatment of persons receiving welfare services, the prefectural governor may restrict the person's management of social welfare services or order the person to suspend its management of social welfare services.

Article 73(1)If a person who manages or seeks to manage social welfare services seeks to solicit contributions to obtain the funds necessary for the management of the services, the person must submit a document that makes clear the period, the area, the method of soliciting funds, and the use of contributions, to the governor of the prefecture in which the area where the person seeks to solicit contributions is located (or to the Minister of Health, Labour and Welfare, if that area spans two or more prefectures), in accordance with the procedures specified by Order of the Ministry of Health, Labour and Welfare, by one month prior to of the time that the person begins soliciting such contributions, and obtain the minister's permission to do so.

(2)Conditions may be attached to the permission set forth in the preceding paragraph in connection with the period for soliciting contributions, the use of contributions, and the disposition of assets acquired through contributions.

(3)A person who has obtained permission under paragraph (1) and solicited contributions must report the results to the administrative agency from which the person obtained the permission, in accordance with the procedures specified by Order of the Ministry of Health, Labour and Welfare, without delay, after the period for soliciting contributions has elapsed.

Article 74The provisions of Articles 62 through 71 and Article 72, paragraph (1) and paragraph (3) do not apply to facilities or services whose establishment or commencement requires permission or approval from an administrative agency or of which an administrative agency is required to be notified, pursuant to other Acts.

Article 125In order to increase social welfare, the Social Security Council may endorse performing arts, publications, etc., or give necessary recommendations to the persons who manufacture, perform, or sell them.

Article 126The administrative functions given to a prefecture to handle pursuant to the provisions of Chapter 7 and Chapter 8 which are specified by Cabinet Order are, in a designated city or a core city (hereinafter referred to as "designated cities, etc."), handled by the designated city or core city, as specified by Cabinet Order. When this occurs, the provisions concerning prefectures in those Chapters apply to designated cities, etc. as provisions concerning designated cities, etc.

Article 127The administrative functions that are given to a local government listed in the left-hand column of the appended table to handle pursuant to the provisions listed in the right-hand column of the same table are the type 1 statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.

Article 128(1)The authority of the Minister of Health, Labour, and Welfare as provided for in this Act may be delegated to the chief of the relevant Regional Bureau of Health and Welfare, as specified by Order of the Ministry of Health, Labour, and Welfare.

(2)The authority delegated to the chief of a Regional Bureau of Health and Welfare, pursuant to the provisions of the preceding paragraph, may be delegated to the branch manager of the Regional Bureau of Health and Welfare, as specified by Order of the Ministry of Health, Labour, and Welfare.

Article 129When a Cabinet Order based on the provisions of this Act is enacted, revised, or abolished, the necessary transitional measures (including transitional measures for penal provisions) may be specified by the Cabinet Order, to the extent considered reasonably necessary for the enactment, revision, or abolition.

Article 130Beyond what is provided for in this Act, procedures and other particulars necessary for the enforcement of this Act are prescribed by Order of the Ministry of Health, Labour and Welfare.

Article 131A person falling under any of the following items is sentenced to imprisonment with work for not more than six months or a fine of not more than 500,000 yen:

Article 132A person who has failed to make a report under Article 73, paragraph (3) or has made a false report is sentenced to a fine of not more than 200,000 yen.

Article 133If the representative of a juridical person or the agent, employee, or other worker of a juridical person or an individual has, in connection with the business of the juridical person or individual, committed the violations prescribed in the preceding two Articles, in addition to the punishment to which the offender is sentenced, the juridical person or individual is sentenced to the fine prescribed in the relevant Article.

Article 134In a case falling under any of the following items, the directors, auditors, or liquidators of a social welfare corporation are subject to a civil fine of not more than 200,000 yen:

Article 135A person who has violated the provisions of Article 23 or Article 113 is subject to a civil fine of not more than 100,000 yen.