Child Protection Case Procedure (for the Accused Perpetrator)

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Report and emergency measures
2. 2Notice of and compliance with temporary measures
3. 3Questioning by the police and Public Prosecution Office
4. 4Referral decision
5. 5Attending the inquiry and hearing
6. 6Decision on protective disposition
7. 7Appeal
8. 8Compliance / Re-referral / Restoration of parental authority

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies by case (protective dispositions up to 1 year; if changed, a total of up to 2 years)

Cost

If you receive a temporary measure of entrustment to a medical institution, or a protective disposition of entrustment for treatment or counseling, the perpetrator bears the cost. If the perpetrator cannot afford it, the state may bear it. The cost of hiring a lawyer is separate

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   When a 112 report comes in, the police and a child abuse officer go out and investigate the scene. If abuse is ongoing or likely to happen again, they separate the perpetrator (the person reported) from the child and take the child to a shelter or medical institution (Child Abuse Punishment Act §12). Assaulting, threatening or forcibly obstructing the police or officials taking emergency measures is punishable (§61).

2. 2

   In urgent cases, the police first take emergency temporary measures of removal from the home, a no-approach order and a no-contact order (§13). Then, at the request of a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office), a judge decides on temporary measures and notifies you (§19). Temporary measures include removal or isolation, a no-approach order within 100m, a no-contact order, restriction or suspension of the authority of a person with parental authority or a guardian, entrustment for counseling or education, entrustment to a medical institution and detention (confinement in a facility). The period is 2 months and can be extended. Once notified, leave the home immediately and do not contact the child. Violating removal, no-approach, no-contact or parental-authority restriction measures is separately punishable by imprisonment of up to 2 years, etc. (§59(1) item 1).

3. 3

   The police conduct a suspect interrogation (an inquiry in which the police ask and you answer), and once the case is referred (sent to the prosecutor), a prosecutor of the Public Prosecution Office reviews the records or questions you directly (Criminal Procedure Act §243-2). Defense counsel can take part in the questioning. At this stage, submit a plan to improve the child-rearing environment, records of counseling and treatment and a letter of remorse, and ask that the case be referred as a child protection case. The child's statement is video-recorded (Child Abuse Punishment Act §17(1)).

   Current step
4. 4

   A prosecutor of the Public Prosecution Office considers the nature, motive and result of the case, the relationship with the child, the perpetrator's character and conduct and potential for improvement, the child's wishes and so on, and if a protective disposition is found appropriate, refers the case to the family court as a child protection case instead of indicting it (§26, §27(1)). If not, the case is indicted for an ordinary criminal trial, and child abuse resulting in death or serious injury is punished more heavily (aggravated punishment) (§4, §5). A court conducting a criminal trial may also send the case on as a child protection case if it finds a protective disposition appropriate (§29).

5. 5

   A family court investigator interviews the perpetrator while looking into the family environment, how the abuse happened and the risk of further abuse. After that, the judge holds the hearing in private if necessary, and the perpetrator must appear when summoned. You can appoint a lawyer as your assistant and appear together. If the child's side applies, the court can examine the child as a witness at the hearing and hear the child's opinion (§44, applying mutatis mutandis Domestic Violence Punishment Act §33).

6. 6

   The judge decides on the protective disposition (§36). The judge chooses one or more of No. 1 no-approach order, No. 2 ban on approach by telecommunications, No. 3 restriction or suspension of the authority of a person with parental authority or a guardian, No. 4 community service or course attendance order, No. 5 probation, No. 6 entrustment for custody, No. 7 entrustment for treatment and No. 8 entrustment for counseling. The period is up to 1 year (community service and course attendance each up to 200 hours), and even if changed, the total cannot exceed 2 years (400 hours) (§37, §40(3)). Once a protective disposition becomes final, no indictment can be filed again for the same criminal facts (§33; except where the case is referred because the disposition was not carried out).

7. 7

   If you find the protective disposition decision hard to accept, file an appeal within 7 days from the day of notification. Not only the perpetrator, the legal representative and the assistant but also the prosecutor can appeal (§45(1)). After 7 days the decision becomes final, and even if you appeal, the execution of the disposition does not stop.

8. 8

   A probation office, child protection agency or counseling agency carries out the disposition and reports to the court on whether you are complying. If you fail to comply with dispositions such as community service or counseling without a justifiable reason, the protective disposition is revoked and the case is referred to the prosecutor and handled as a criminal case (§41), and violating dispositions such as a no-approach order is punishable in itself (§59). Restriction or suspension of parental authority is restored when the period ends. However, if a risk of further abuse is found to remain, the prosecutor, the head of the local government and others can separately petition for loss of parental authority, etc. under the Civil Act (Civil Act §924, Child Welfare Act §18).

Frequently asked questions

Practical questions that come up right away in this procedure.

QI received notice of temporary measures. Can I not see my child at all?

Yes. During the period of temporary no-approach and no-contact measures, you cannot meet or contact the child directly. Any necessary contact must go only through the child protection agency or your defense counsel.If there is a reason you need to see the child, apply to the court to change the temporary measures. If you visit on your own, you will be punished for a violation.

QWhat can I not do if I receive temporary measures restricting or suspending parental authority?

During that period, you cannot make decisions as a parent about matters such as the child's residence, school or medical treatment. A person designated by the court acts temporarily as guardian.That person is the head of the local government, the head of the child protection agency or the like, or a person appointed. When the period ends, your authority returns.However, if there is a risk of further abuse, it may be restricted again through an abused child protection order or a petition for loss of parental authority, etc. under the Civil Act.

QWhat should I prepare to have my case referred as a child protection case?

Submit records of counseling and treatment, a letter of remorse and a plan to improve the child-rearing environment (living separately, sharing child-rearing, taking part in education) during the inquiry. The prosecutor sends the case as a child protection case when, considering various circumstances, a protective disposition is found appropriate.The prosecutor looks at the nature, motive and result of the case, the relationship with the child, and the perpetrator's character, conduct and potential for improvement. The need for protection within the original family (raising the child in the original home) and the wishes of the child's side are also considered.

QDoes a protective disposition give me a criminal record? What happens to my status as a parent?

A protective disposition is not a criminal penalty. Once a protective disposition becomes final, no indictment can be filed again for the same criminal facts. Discuss with a lawyer how records are managed.However, if you receive a disposition restricting or suspending the authority of a person with parental authority or a guardian, you cannot exercise decision-making rights as a parent during that period. A petition for loss of parental authority or the appointment of a guardian may also proceed separately.

QHow do I challenge the decision?

Submit a petition of appeal to the family court within 7 days from the day you were notified of the decision. Not only the perpetrator, the legal representative and the assistant but also the prosecutor can appeal. Even during an appeal, execution of the disposition does not stop and continues.

QDoes my parental authority come back right away when the disposition period ends?

In principle, yes. This is because a protective disposition restricting or suspending parental authority loses its effect when the period ends.However, if a risk of further abuse remains, there may be a separate petition for loss or restriction of parental authority under the Civil Act. The prosecutor or the head of the local government files it, and a child protection agency and others can ask them to file it.So you should keep records showing that you carried out the disposition and materials showing that you improved the child-rearing environment.