Livelihood assistance shall be provided at the home of a public assistance recipient; provided, however, that, when this method cannot be used, when it is difficult to achieve the purpose of public assistance by this method, or when the public assistance recipient has so desired, public assistance may be provided by having the public assistance recipient admitted into a relief facility, a rehabilitation facility, a residential facility for daily living support (meaning a facility used for the project prescribed in Article 2, paragraph (3), item (viii) of the Social Welfare Act or any other facility that a prefectural governor has found to satisfy the requirements specified by Order of the Ministry of Health, Labour and Welfare as necessary for the provision of support in daily life to public assistance recipients; the same applies in Article 62, paragraph (1) and Article 70, item (i), (c)) or any other appropriate facility, or entrusting such admission into any such facility, or entrusting nursing care to the home of a private individual.
The provisions of the proviso to the preceding paragraph shall not be interpreted as those that are able to force admission into a facility or provision of nursing care against the will of a public assistance recipient.
A public assistance administrator may, in the case where a person who has parental authority or is a guardian for a public assistance recipient fails to exercise his/her rights appropriately, take one of the measures under the proviso to paragraph (1) by obtaining the permission of a family court, even if said person objects to it.
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