Domestic Relations Case Procedure Act

An adjudication case for the approval of prefectural measures (meaning an adjudication case regarding matters set forth in Appended Table 1, row (127); the same applies in the following Article), an adjudication case for the approval of a renewal of the period for a measure taken by a prefecture (meaning the adjudication case regarding the matters set forth in the Appended Table 1, row (128); the same applies in the Article), an adjudication case for approval of the director of the child guidance center or the prefectural governor for the subsequent temporary protection (meaning an adjudication case regarding the matters set forth in the table, row (128-2); the same applies in the Article), and an adjudication case for confirmation of the eligibility for a special adoption upon petition by the director of the child guidance center (meaning an adjudication case for the matters in the table row (128-3); hereinafter the same applies in this Section) is under the jurisdiction of the family court that governs the address of the child.

The provisions of Article 118 apply mutatis mutandis to a person who actually cares for a child, a person who exercises parental authority over a child, a guardian of a minor, and a child in an adjudication case for the approval of a measure taken by a prefecture, an adjudication case for the approval of a renewal of the period for a measure taken by a prefecture, and an adjudication case for the approval of continued temporary custody by a child guidance center's director or prefectural governor, and to a child and the parents in an adjudication case for confirmation of eligibility for a special adoption upon petition by the director of a child guidance center.

When making a ruling on a petition for the approval of a measure taken by a prefecture, the approval of a renewal of the period for a measure taken by a prefecture, or the approval of continued temporary custody by a child guidance center's director or prefectural governor, the family court must hear statements from the persons prescribed in the preceding Article (in the case of a child, limited to a child of 15 years of age or older), except when the petition is unlawful or the petition is clearly groundless.

In the case referred to in the preceding paragraph, the family court may seek the opinion of the petitioner concerning the statements from a person who actually cares for a child, a person who exercises parental authority over a child, and a guardian of a minor.

The provisions of Article 164-2, paragraphs (6) and (8) apply mutatis mutandis to an adjudication case for confirmation of the eligibility for a special adoption upon petition by the director of a child guidance center.

Notice of a ruling on the approval of a measure taken by a prefecture, the approval of a renewal of the period for a measure taken by a prefecture, or the approval of continued temporary custody by a child guidance center's director, or prefectural governor must be given to a person who actually cares for a child, a person who exercises parental authority over a child, and a guardian of a minor, beyond the persons prescribed in Article 74, paragraph (1).

The provisions of Article 164-2, paragraphs (9) through (11), apply mutatis mutandis to an adjudication case for confirmation of the eligibility for a special adoption upon petition by the director of a child guidance center.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

a ruling of the approval of a measure taken by a prefecture:a person who actually cares for a child, a person who exercises parental authority over a child, and a guardian of a minor;

a ruling to dismiss a petition for the approval of a measure taken by a prefecture:the petitioner;

a ruling of the approval of a renewal of the period for a measure taken by a prefecture:a person who actually cares for a child, a person who exercises parental authority over a child, and a guardian of a minor;

a ruling to dismiss a petition for the approval of a renewal of the period for a measure taken by a prefecture:the petitioner;

a ruling of the approval of continued temporary custody by a child guidance center's director or prefectural governor:a person who actually cares for a child, a person who exercises parental authority over a child, and a guardian of a minor; and

a ruling to dismiss a petition for the approval of continued temporary custody by a child guidance center's director or prefectural governor:the petitioner.

The provisions of Article 164-2, paragraphs (12) and (13) apply mutatis mutandis to an adjudication case for confirmation of the eligibility for a special adoption upon petition by the director of a child guidance center.

The family court may not, by the day on which two months have elapsed from the date of birth of a child and after the day of the child's reaching 18 years of age, make a ruling upon petition by the director of a child guidance center to confirm the eligibility of a special adoption.

The provisions of Article 164-2, paragraph (5) apply mutatis mutandis to a petition made by the director of a child guidance center for an adjudication case for confirmation of the eligibility for a special adoption.