YouMeWe NPO White Paper on Children’s Rights.pdf

Children’s Rights White Paper:
On the Status of Children Without Parental Care, Child Abuse, and Insitutionalized Care
in Japan
Erika Evatt, Alyssa Menendez, and Jacqueline Villarevia
YouMeWeNPO
August 3rd 2022
Topic(s): Increase in Child Abuse, Separation of Siblings, Reccomendatoins

CHILDREN’S RIGHTS WHITE PAPER 1
Introduction:
There are currently 39,000 children in care living in Japan lacking parental support and
guidance needed to successfully transition into adulthood after aging out of the child welfare
system. Behavioral problems, financial distress, and lack of autonomy are a few problems the
youth struggle with due to being brought up in these institutionalized homes. Due to Japan’s
hierarchical culture, changes must be implemented by the government rather than the homes
themselves. While change within the homes themselves is effective on a local level, the
government needs to create an enforceable legal mechanism to protect the rights of children in
care at a systemic level (a top-down approach). This means concrete and actionable policies,
enshrined into Japanese law to guarantee legal protections for the rights of children in
institutionalized homes. Mandatory educational-based exercises and a system of children’s rights
need to be implemented for the success of Japan’s current and future generations.
Background:
In Japan, one of the biggest issues to date deals with the neglect and abuse of children.
According to Japan Children Support Association, approximately 39,000 children out of the
45,000 who are not able to live with their birth parents are living in orphanages. The quality of
care in each institutionalized care home differs considerably, but according to UNICEF, “these
children are more likely to experience violence, abuse, neglect and exploitation” (CAC, 2022).
Many of these children are not receiving proper education and the shortage of staff is making it
more difficult to provide institutional care workers with sufficient care and support.

“12% of children go into foster care in Japan” (JCSA, 2017). According to the Ministry of
Health, Labor, and Welfare, Japan has the lowest percentage of foster care among developed
countries, even given a warning by the United Nations to improve the system (JCSA, 2017).
Despite ranking 19th in the 2019 UN Human Development Index Ranking and possessing one of
the strongest economies, the country’s implementation of child protection is severely lacking.
Though the UN guidelines encourage children to be raised in a family setting, these facilities
make for poor replacements.
Studies of children in elementary school found that children who experienced two or
more transitions were more likely to show disruptive behavior at school, have poorer emotional
adjustment, and have lower grades and achievement scores compared to children who
experienced no transitions or one transition (Kurdek, Fine, and Sinclair, 1995; Martinez and
Forgatch, 2002). And among middle school and high school students observed longitudinally,
experiencing more than one transition in family structure was associated with a higher likelihood
of dropping out of school (Pong and Ju, 2000).
The Ministry of Health, Labor and Welfare conducted and compiled the results of the
“Survey on Children Admitted to Orphanages.” “Based on the Child Welfare Act, this survey
clarifies the actual conditions of children entrusted to foster parents, children who are being
treated in orphanages, etc., and provides basic materials for promoting the welfare of children
requiring protection.” (MHLW, 2013).
The results of the survey show the following:
-Roughly 50% of children in institutionalized homes and 47.9% of foster children, have an
emotional disability.

-30% of children in foster care have a disability.
-Psychological abuse was the most common among children accounting for 78%.
-Children in institutionalized homes have a high percentage of “delayed” children (MHLW,
2013).
A previous study examining Romanian orphans showed institutional care is not
appropriate for children, as they often have, for example, behavioral and developmental
problems (Nakatomi et al., 2018, as cited in Rutters et al., 2009). The majority of children in
these institutions are lacking in different ways, whether it would be emotional or physical
trauma, delays in brain development due to past trauma and being separated from their families.
The Problem Part I: What will happen if child abuse in Japan continues to rise?
Japan only started gathering data on child abuse in 1990 (Hanada, Nagae, Matuso, and
Saunders 27). Since then, child abuse cases reported to the Ministry of Health, Labour, and
Welfare have rapidly increased as a result of three main factors: (1) a new law (the Child Abuse
Prevention Law) was established in 1999 that required all child abuse cases to be reported, (2) an
increase in awareness and child abuse education, and (3) an actual increase in child abuse cases
that is in part caused by the unpreparedness of young parents and the lack of social supports for
families (see Figure 1) (Hanada et al., 2015). The lack of social support that can and has resulted
in higher rates of child abuse and neglect in Japan (over the past few decades) includes the lack
of educational resources available to future parents, such as the lack of institutionalized and
consistent state-endorsed pre-natal education courses that teach parenting skills, and coping skills
to prevent falling back on abuse and neglect as a form of child-rearing (Fedor, 2011). That is not
to say that the higher record numbers of child abuse cases is solely cause by tangible increases of

child abuse, but rather it is cause by a combination of factors. As previously mentioned, this
factors also include the introduction of legal mechanisms enforcing the reporting of child abuse
cases, as well as the increased awareness of child abuse in Japan. Therefore, it is important to
note that it is difficult to discern exactly how many of the increased, reported child abuse cases
are attributable to the actual rise of child abuse in Japan.
Children who experience child abuse and/or neglect face many difficulties and barriers
once they leave the care system, both financial and psychological, including difficulty
establishing financial independence, depression, behavioural disorders, low levels of self-care,
and problems with interpersonal relationships (which will be explored more in the next sections
of this paper) (Hanada et al., 2015). These issues can cause future issues once these children age

out of the system, including unemployment, low-income, unstable relationships (ex. divorce,
separation, emotional disconnect), addictions, and mental health issues; the same problems that
Roger Goodman has identified as the significant factors which caused many parents to put their
children into the Child Welfare System (2000). Such issues hinder parents' abilities to care for
their children on their own, creating a cycle of repeated circumstances (poverty, mental illness,
etc.) among youth without consistent relationships, aging out of the Child Welfare system. The
bottom line is that child abuse is an unsustainable form of child care.
Ultimately, this results in homelessness for many aged-out youths from the ages of 18-20,
who are not accommodated under the Child Welfare Act (CWA), and face increased barriers in
terms of financial stability, job attainment, and the lack of credible references in searching for
housing (Hanada et al., 2015). In short, without proper support during their childhood, aged
youth are “slipping through the system” (Hanada et al., 2015). Both parents and the alternative
care system need resources provided by a consistent government framework (delivered by the
Ministry Of Health, Labour, and Welfare), with supports (financial, organizational, etc.) to equip
children and care-givers with the support they need to set children up for adulthood and aging
out of the institutional care system. This could include financial and material support for care
workers in the Child Welfare System, and additional funding for nonprofits to fill the gaps while
the public sector builds up its support in the Child Welfare System to implement these changes
(and the solutions explored later in this paper).
Consistent Relationships for Children in the Care System
The disruption or lack of a consistent relationship (notably family relationships) for
children in the care system can cause the development of several negative factors, including

further feelings of abandonment and emotional dissonance. Keeping family members, including
siblings, together has long been thought to create a sense of stability in the ever-changing
environment experienced by children in alternative care, and maintain children’s ability to foster
a family relationship (Seale & Taraba, 2018). Furthermore, research done on siblings kept
together in the foster care system in the United States (US) has shown that early sibling bonds
can be extremely beneficial in investing in relationships later in life (McCormick, 2009). This is
the result of growing up with a predictable, and consistent relationship in an often inconsistent
environment. Ultimately, the point is that fostering consistent relationships for children in the
care system can help set them up for aging out of the system when they reach adulthood. If it is
not possible for family members to be kept together, such as siblings, then there needs to be
some type of consistent and reliable relationship to support the child.
Recommendations:
Permanency Pact
The majority of the children living in the orphanages have absent parents, meaning they
have no parental care or guidance. To address the financial and emotional gaps caused by the
absence of a consistent parental figure in the lives of children in Japan, this paper supports the
recommendations posited by the petition “Early realization of "prenatal child-rearing classroom"
institutionalization to halve child abuse!” (Noda et al., 2022). In particular, this paper
recommends amending Art. 10 of the Maternal and Child Health Law to include “Child rearing
guidance.” (Noda et al., 2022). While the petition aims at amending this law to institutionalize
prenatal classes in mind, this definition can also be extended to non-parental caretakers of
children in foster care, family care, and children in institutionalized homes.

In line with amending Art.10 of the Maternal and Child Health Law, this paper suggests
that the International Foster Care Alliance (IFCA)’s “Permanency Pact” can be utilized in
Japan’s institutionalized homes by providing a one-on-one non-parental care framework whereby
children without parental guidance can obtain the consistency and support from their caregivers
by laying it out in the form of a clear, written Permanency Pact (Foster Club, 2006). This would
mean that a systematic approach would be taken to implement the Permanency Pact at an
institutional level, with “Permanency Pacts” being signed one-on-one between caregivers (in
institutionalized care or other forms of alternative care) and the youth/child they are working
with. In this way, the aim of the “Permanency Pact” is to fill in the gaps in the low care worker to
child ratio in the Child Welfare System in Japan.
Ultimately, the goal of the “Permanency Pact,” when implemented at an institutionalized
level in Japan, would be to provide children in institutionalized homes with (1) structure and a
safety net for youth, (2) a defined and verbalized commitment by both youth and caregiver (both
parties) in a long term, consistent, and supportive relationship, and (3) clarity regarding the
expectations of the relationship (Foster Club, 2006). The pact covers a range of issues that
institutionalized youth constantly face in their transition to adulthood, including food, social
boundaries, housing, college, employment, recreation, and much more (Foster Club, 2006).
Transition Toolkit
IFCA’s “Transition Toolkit,” is another resource the youth can refer to before and after
transitioning out into the real world. This publication contains roadmaps that show 11 different
paths the youth will encounter once aging out of the institutions. The themes are as follows:
1) money management;
2) home;

3) self-care and health;
4) education;
5) life skills;
6) mode of transportation;
7) know and prove yourself;
8) permanent connection;
9) community and social lifework and center;
10) partnerships and new families.
These roadmaps provide the reader with the necessary information and steps for each
theme. When looking at ‘money management,’ the first page explains the necessities such as
opening up a bank account, saving money, and creating a monthly and annual budget. The
second page is a worksheet the youth can fill out and take notes for creating a plan, jotting down
target savings and current savings, as well as a checklist. At the very bottom, there is a scoring
section, where the youth can rate their preparation for the theme. This resource can help target
specific concerns one would need when transitioning out.
Mandatory Classes
Many of the youth are concerned about going into the real world after aging out of the
institutions due to the lack of knowledge, connections, and finances. Currently, there are a
plethora of resources these youth can take advantage of, but without the proper knowledge of
where to obtain these resources and when to take advantage of them is a different issue. The
youth should be educated before leaving the institutionalized homes on what resources and
benefits they can take after aging out. In doing so,the youth needs to have a strong foundation on

what is necessary for living on their own years before leaving the institutions. Some suggestions
would be to administer mandatory exercises such as playing financial games to understand how
to properly spend and save money. This in turn can help establish basic knowledge on budgeting
and setting financial goals.
Sex-ed classes are also necessary to inform the dangers and risks of not only sexually
transmitted diseases, but also pregnancy, and how that can financially hurt a person. If the youth
did spend too much money and can not pay for rent or end up getting pregnant, they know about
the resources and can take action right away. A large portion of the youth do not have someone
who they can rely on financially, so teaching them at a young age gives them a head start on the
responsibilities of being an adult. Such courses can be a useful tool in aiding youth to
“transition” into adulthood, aiming to prevent many of the issues identified earlier in this paper
that can result from unpreparedness, such as trouble finding work, creating social networks,
forming relationships, and more.
Siblings
The IFCA recommends the presence of stable relationships for children displaced from
parental care (Foster Club, 2006). While it is vital to introduce a consistent adult-care figure, as
recommended in the “Permanency Pact,” it is equally important to avoid the separation of
siblings when children are displaced from parental care. To avoid and prevent the effects of
lacking consistent relationships during childhood (such as trouble forming emotional
relationships, creating and fostering social networks, etc.), this paper recommends that Japan
should solidify its commitments to the UN Alternative Care Guidelines by preventing the
separation of siblings in alternative care, except for extenuating circumstances (UN Alternative

Care Guidelines, 2010, para 22, as cited in Human Rights Watch, 2014). The goal of this
recommendation is to emphasize fostering and caring for consistent relationships that already
have the potential to exist, by maintaining the stability of a family bond, even if the child has
been displaced from parental care.
Youth Board
According to the Foster Care Alumni Project, IFAC, in their “Youth Advocacy”
publication, creating a youth board for each institution is an effective way for the youth to state
their concerns and opinions that are affecting them. “A youth board is a group of young people,
usually between the ages of 14-25, that come together to work on a specific issue, goal, or
mission. Youth boards are typically associated with an organization or a government body to
which they provide recommendations and guidance around issues affecting young people.” This
opportunity will create a supportive community, develop the youth’s leadership skills and allow
them to express their ideas to create change to issues that affect them.
IFCA expresses that many youths have troubles once aging out of the institutions, and the
most common problems and concerns are the following: loneliness, physical and mental health,
financials, child-rearing, and relationships with others. Creating a youth board can help mitigate
concerns revolving around loneliness and connections with others because these youth have
established strong relationships with one another and have experience with working and
communicating with others. Since these youth have similar experiences, they also have a support
system within their group, thus not feeling alone. The youth board provides a place for the youth
to connect, lead, and express their concerns.

Children’s Rights
Other concerns regarding how the institution is running should also be taken into
consideration. According to Miho Awazu, President of the International Foster Care Alliance
(IFCA), children in institutionalized homes have stated they want to have the right to the
following:
-The right to have social contact with people outside of the foster care system, including,
but not limited to, teachers, coaches, religious or spiritual community members, mentors,
and friends.
-The right to view and receive a copy of their medical records to the extent they have the
right to consent to the treatment provided in the medical record and at no cost to the child
until they are 26 years of age.
-The right to maintain a bank account and manage personal income, consistent with the
child’s age and developmental level, unless prohibited by the case plan.
-The right to view and receive a copy of their child welfare records, juvenile court
records, and educational records at no cost to the child until the child is 26 years of age,
subject to existing federal and state confidentiality laws.
These rights have been implemented in California’s Foster Youth Bill of Rights (CFCO, 2020).
Such frameworks can enshrine actionable rights and protection for the children in the
institutionalized homes that help set them up for transitioning out of the system.
Conclusion
The 39,000 orphans and 6,000 foster children are lacking the parental support and
guidance needed to successfully transition into adulthood after aging out into the real world.

Implementing the “Permanency Pact,” “Transition Toolkit'' and a system of children’s rights will
help address the behavioral and financial problems the youth are struggling with, including
emotional relationships, financial autonomy, and preventing homelessness by helping children
network to create social and economic connections.
An essential starting point to enforcing children's rights protections, to prevent the
behavioral and financial problems faced by children transitioning into adulthood is to amend the
law. Specifically, this paper has recommended amending Art. 10 of the Maternal and Child
Health Law to include “child-rearing guidance,” to create a broad, yet impactful shift in Japan's
legal regime surrounding children’s rights and child-rearing. In addition to integrating these
resources and rights into state-run childcare institutions, the government must start addressing
the problems with siblings being separated from their siblings, to stem strong emotional
relationships in children at a young age. The economic, emotional, and physical livelihood of
Japan’s current and future generations rely heavily on the government administering these new
rules and regulations.
References:
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https://fosteryouthhelp.ca.gov/wp-content/uploads/sites/276/2020/10/Foster-Youth-Bill-of
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Foster Club. (2006). Permanency Pact. FosterClub.
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https://www.hrw.org/report/2014/05/01/without-dreams/children-alternative-care-japan.
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