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Children in Alternative Care in Japan WATCH

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Children in Alternative Care in Japan WATCH HUMAN RIGHTS WITHOUT DREAMS Children in Alternative Care in Japan WATCH Without Dreams Children in Alternative Care in Japan Copyright © 2014 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-31227 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org MAY 2014 978-1-6231-31227 Without Dreams Children in Alternative Care in Japan Glossary of Terms ............................................................................................................... i Map of Japan ..................................................................................................................... iii Summary ........................................................................................................................... 1 Key Recommendations ............................................................................................................ 8 Methodology .................................................................................................................... 10 I. Japan’s Alternative Care System .................................................................................... 12 Temporary Child Custody ........................................................................................................ 13 Longer Term Care .................................................................................................................... 15 Child Care Institutions ............................................................................................................ 16 Steps to Foster Parent Certification, Registration, and Child Placement .................................. 20 Financial Support for Foster Parents ........................................................................................ 21 Post-Placement Support ......................................................................................................... 22 Adoption ................................................................................................................................ 22 II. Abuse and Problems in Institutions .............................................................................. 24 Physical and Sexual Abuse by Adults ...................................................................................... 24 Harassment and Violence among Children ............................................................................. 26 Institutionalization of Infants ................................................................................................. 28 Segregation of Children with Disabilities ................................................................................. 31 General Institutionalization-Related Problems ........................................................................ 35 Overly Large Institutions ......................................................................................................... 39 Staff Shortages, Barriers to Bonding ...................................................................................... 40 Difficulties Learning Life Skills ................................................................................................ 43 Lack of Privacy ........................................................................................................................ 44 Poor Hygiene and Safety ........................................................................................................ 46 Lack of Reporting Mechanisms .............................................................................................. 46 III. Problems in Foster Care System................................................................................... 50 Recent Steps Taken ................................................................................................................ 50 Abuse in Foster Care System ................................................................................................... 52 Over-Institutionalization and Slow Increase in Foster Placements ............................................ 53 Biological Parents Control over Child Placement ..................................................................... 58 Inadequate Resources in Child Guidance Centers .................................................................... 63 Vested Institutional Interests, Lack of Investment ................................................................... 65 Lack of Awareness about Foster Care ..................................................................................... 66 Lack of Parent Diversity........................................................................................................... 67 Inappropriate Certification and Matching ............................................................................... 69 Insufficient Preparation and After-Placement Support for Foster Parents .................................. 70 Unrealistic Expectations of Foster Parents ............................................................................... 73 Problems Adopting ................................................................................................................. 74 IV. Lack of Support for Independent Living ........................................................................ 76 A Path to Homelessness ......................................................................................................... 77 Limited Access to Higher Education ........................................................................................ 78 Inability to Find a Guarantor, Afford a Driver’s License ............................................................ 80 Need for Post-Graduation Independence Support ................................................................... 81 Failure to Follow-Up on Institutional Care Graduates ............................................................... 83 Former Foster Children and Independent Living ...................................................................... 84 V. International Human Rights Standards ......................................................................... 86 Residential Institutions Measure of Last Resort ....................................................................... 87 Foster Care ............................................................................................................................ 90 Adoption ................................................................................................................................ 91 Children with Disabilities ........................................................................................................ 91 Right to be Consulted and to be Heard .................................................................................... 97 Support Systems for Independence ........................................................................................ 97 Committee on the Rights of the Child, Concluding Observations on Japan ............................... 97 VI. Orphans of the 2011 Earthquake and Tsunami .............................................................. 99 Use of Foster Care System ..................................................................................................... 102 Future Concerns ................................................................................................................... 104 Financial Security of the Orphans .......................................................................................... 105 Psycho-Social Assistance for Affected Children ..................................................................... 107 Recommendations ........................................................................................................... 111 To the Japanese Diet .............................................................................................................. 111 To the Ministry of Health, Labor and Welfare .......................................................................... 111 To Prefectures and Ordinance Designated Cities .................................................................... 117 Acknowledgements ......................................................................................................... 119 Glossary of Terms Adoptive (registered) foster parents: Foster parents who ultimately wish to adopt a child. Alternative care: Care provided for children whom the government determines do not have biological parents or original caregivers who can care for them appropriately. Child care institution: Institution
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