Standards for the Protection of Minors

STANDARDS FOR THE PROTECTION OF MINORS
at the Refuge on Hala Miziowa
34-335 Korbielów
I. Preamble.

1. Taking into account the content of the provisions of the Act of July 28, 2023 amending the Act - Family and Guardianship Code and certain other acts (Journal of Laws 2023.1606 of 2023/08/14, as amended), including those amending the Act of 13 May 2016 on counteracting the threats of sexual crime, as well as acting to ensure respect for the rights of minors, in particular the right to protect their dignity and freedom from all forms of harm, the PTTK Shelter in Hala Miziowa adopts this document as a model of principles, standards and procedures in the event of suspicion that harm is being done to a minor staying in the facility and to prevent such threats.
2. The PTTK shelter in Hala Miziowa conducts its activities with the highest respect for human rights, in particular the rights of children who, due to their age, emotional and mental condition, are particularly vulnerable to harm.
3. The PTTK shelter in Hala Miziowa conducts its activities considering itself a socially responsible entity and promotes socially desirable attitudes.
4. The PTTK shelter in Hala Miziowa particularly observes the legal and social obligation to notify law enforcement authorities of each case of suspicion of committing a crime to the detriment of minors and undertakes to train its employees in this respect.
5. The PTTK shelter in Hala Miziowa undertakes to educate the staff about circumstances indicating that a minor staying at the facility may be harmed and about ways to quickly and appropriately respond to such situations.

II. Explanation of concepts.
 
For the purposes of this document, the meaning of the following terms has been clarified:
1. PTTK shelter at Hala Miziowa -34-335 Korbielów, where accommodation and catering services are provided.
 
2. Minor/child - any person under 18 years of age.
 
3. An adult stranger is any person over 18 years of age who is not the child's parent or legal guardian.
 
4. Harming a child - harming a child is any behavior towards a child that constitutes a prohibited act towards the child. In addition, harm is neglect (intentional or unintentional), action or omission, as well as any result thereof, resulting in a violation of the rights, freedom, personal rights of the child and disruption of his or her development. There are the following basic forms of abuse:
 
a) Physical violence against a child. This is a one-time or repeated activity or omission as a result of which the child suffers actual or is potentially at risk of physical harm. Harm is the result of an act or omission on the part of a parent, guardian, person responsible for the child, in authority over the child or in whom he or she trusts.
b) Psychological violence against a child. This is a long-term, non-physical, harmful interaction between a child and a person responsible for the child or someone the child trusts. As in the case of physical violence, it covers both actions and omissions. Manifestations of psychological violence include:
- emotional unavailability;
- emotional neglect;
- relationship with a child based on hostility, blaming, slander, rejection;
- developmentally inappropriate or inconsistent interactions with the child;
- failure to notice or recognize the child's individuality;
- failure to notice or recognize mental boundaries between the child and the responsible person;
-  inadequate socialization, demoralization;
- situations in which a child witnesses violence.
c) Sexual violence against a child (child sexual abuse). It is the involvement of a child through an adult or another child in sexual activity. Applies to situations where there is no physical contact (e.g. exhibitionism, verbal harassment - e.g. conducting conversations with sexual content inappropriate to the child's age, commenting in a sexual way on the child's appearance and behavior, encouraging contact with pornographic content, grooming - strategies for non-sexual seduction of the child with the intention of establishing sexual contact in the future) and when such contact occurs (situations such as: touching a child, sexual intercourse, forcing a child to touch the perpetrator's body). Any sexual activity undertaken with a child before the age of 15 is a crime. In the case of children, we talk about sexual abuse when there is a relationship of power, care or dependence between the abuser (an adult, another child) and the abused (a child) due to age or level of development. Another form of sexual abuse of children includes sexual exploitation. It is any: actual or attempted abuse of a child's vulnerability, advantage of power or trust - for sexual purposes. Sexual exploitation includes (although it is not necessary) deriving financial, social or political profit from sexual exploitation. There is a particular risk of sexual exploitation during humanitarian crises. The threat of sexual exploitation concerns both children themselves and their guardians, who may fall victim to exploitation.
d) Child neglect. It is a chronic or incidental failure to meet the child's physical and mental needs. It may take the form of disregarding the children's rights, which ultimately leads to disorders in their health and/or development. Child neglect occurs in the child's relationship with the person responsible for care, upbringing, care and protection.
e) Peer violence (peer harassment, bullying). Peer violence occurs when a child experiences various forms of harassment from peers. Applies to direct actions or activities using communication technologies (e.g. via the Internet and mobile phones). We observe peer violence when a harmful action is intended to cause distress or harm to someone (intentionality), is systematic (repeatability), and the victim is weaker than the perpetrator or group of perpetrators. Includes:
- verbal violence (e.g. name-calling, gossiping, ridicule);
- relational violence (e.g. exclusion from a group, ignoring, turning others against a person, blackmail);
- physical violence (e.g. beating, kicking, pushing, pulling);
- material violence (e.g. theft, destruction of objects);
- cyberbullying/electronic violence (e.g. malicious messages in instant messengers, posting on a social networking site, posting photos or videos ridiculing the victim on the Internet);
- sexual abuse - touching intimate parts of the body or forcing sexual intercourse or other sexual activities by a peer,
- violence conditioned by gender norms and stereotypes (e.g. violence in romantic relationships between peers).

5. Crime to the detriment of a minor - the Penal Code generally contains a catalog of prohibited acts that may be committed to the detriment of adults and children. Additionally, it provides for prohibited acts that apply when committed to the detriment of a minor, including a minor who is under 15 years of age). Due to the nature of accommodation facilities, where it is easy to achieve isolation, crimes against sexual freedom and decency may be committed there. These include, for example: rape (Article 197 of the Penal Code), taking advantage of the insanity and helplessness of another person (Article 198 of the Penal Code), taking advantage of the dependence or critical situation of another person (Article 199 of the Penal Code), sexual intercourse with a minor under 15 (Article 200 of the Penal Code), grooming (seduction of a minor using means of distance communication - Art. 200a of the Penal Code), dissemination, production, recording or importing, storing or possessing or disseminating or presenting pornographic content with the participation of a minor, as well as possessing a processed image of a child, participating in the presentation of pornographic content involving a minor (Article 202 of the Penal Code).
 
6. Employee/staff - any person employed by the Employer regardless of the form of employment, including a co-worker, intern, volunteer or other person.

7. An employee employed to work with children is any person whose actual duties are related to the upbringing, education, recreation, treatment, provision of psychological advice, spiritual development, practicing sports or pursuing other interests of minors, or caring for them.
 
8. Entrepreneur/Employer - P.P.H.U. Porębski Józef at the address: Świniarsko 70 33-395 Chełmiec, NIP: 7340001516, REGON: 490306624

III. Facility employees.
 
1. The facility educates its employees in order to equip them with the ability to recognize the signs/symptoms of child abuse and the ability to quickly and appropriately respond to situations of abuse.

2. Before being allowed to work, each employee familiarizes himself with the Standards for the Protection of Minors, which he confirms by submitting a declaration of completion of this activity, and at the same time making an undertaking to comply with the principles and procedures contained in these Standards. The declaration template constitutes Annex 1 to these Standards for the Protection of Minors.

3. Taking into account the situation of children with disabilities and children with special educational needs.

4. Before employing or assigning a person to work with children, it is determined whether he or she has committed child abuse in the past. The arrangements are made in accordance with Art. 21 of the Act on counteracting threats of sexual crime and protection of minors.

IV. Rules ensuring safe relationships between facility staff and minors.
 
1. All employees of the facility and other adults who have contact with children on the premises are obliged to apply the following rules, if this contact takes place with the consent of the facility.

2. The guiding principle of all activities undertaken by employees who have contact with children staying at the PTTK Shelter in Hala Miziowa is to treat the child with respect and take into account his or her dignity and needs.

3. The facility's staff is obliged to take special care of the well-being of minors staying at the PTTK Shelter in Hala Miziowa and to respond to any event that proves and/or may justify the suspicion of harm to a minor.

4. It is prohibited to use any form of violence against minors arriving at the facility - physical, mental, verbal or to violate their bodily integrity.

5. Staff are prohibited from staying on the premises with minors in hotel rooms and/or bathrooms without the presence of a parent, legal guardian or other person authorized to provide such care, except for situations that are specific and justified by the circumstances, e.g. the need to provide first aid or an emergency.

6. If, justified by the circumstances, there is a need to temporarily leave a minor under the care of the facility's staff, the minor should be under such care in a public place, e.g. reception, hall, main buffet.

7. Contact of employees of the PTTK shelter in Hala Miziowa with minors may never be secret or hidden and may not involve any gratification.

8. Contact of the employees of the PTTK shelter in Hala Miziowa with minors should take place only during their working hours, in public places and concern purposes falling within the scope of staff responsibilities.
9. Behaviors and practices expected from facility employees:
a) Be patient and respectful when communicating with your child.
b) Listening carefully to the child and giving him answers appropriate to his age and the given situation. When communicating with a child, try to keep your face at the level of the child's face.
c) Assuring the child that if they feel uncomfortable with a situation, they need help, they can tell a facility employee or another designated person and get help.
d) Informing the child where the Standards for the Protection of Minors are located in the facility in a version he or she understands. Ensuring that if you have any questions, you can contact a facility employee or other designated person.
e) Treating children equally, regardless of any characteristics, including their gender, sexual orientation, ability/disability, social, ethnic, cultural, religious and worldview status.
f) Taking care of a safe space. If there are children in the area where an employee works, make sure that equipment and supplies are used as intended and that the environment is safe (pay attention to window and staircase protection, limited access to busy roads, open water, etc. .).
g) If a child/children are seen unattended and the situation may indicate a threat to the child's safety, steps should be taken to locate the parent/guardian.

10. Unacceptable behavior and practices on the part of the facility's employees towards children staying in the PTTK shelter at Hala Miziowa:
a) You must not shout, embarrass, humiliate, disrespect or insult the child.
b) You must not beat, poke, push or in any way violate the physical integrity of the child, unless there is a threat to the child's health or life.
c) It is prohibited to behave towards minors in an inappropriate, confidential or ambiguous manner, forcing/encouraging them or provoking them to inappropriate contacts.
d) You must not enter into any romantic or sexual relationship with the child or make inappropriate propositions to the child. This also includes sexually explicit comments, jokes, gestures and sharing erotic and pornographic content with children regardless of its form.
e) The child's image may not be recorded for private or business purposes (recording, photographing) without the consent of the child's parents/guardians and the consent of the child himself. This also applies to allowing third parties to record images of children. The exception is a situation when the child's image is only a detail of a whole, such as a gathering, landscape, public event - then the consent of the child's parent/guardian is not required.
f) You must not contact the child through private communication channels (private telephone, e-mail, instant messaging, social media profiles) or meet the child outside the workplace.
g) You must not offer your child alcohol, tobacco products or illegal substances.
h) You must not touch a child unless the child wants to be touched or in a way that may be considered obscene or inappropriate.11. If an employee witnesses any of the above-described behaviors and/or situations from other adults or children, they should always inform the manager.

V. Child identification procedure when registering at the reception.
 
1. One of the forms of effective prevention of child abuse is to determine the identity of the child staying in the facility and his relationship with the adult with whom he stays in the facility.

2. For this purpose, the receptionist or manager takes all possible steps to identify the child and his relationship with the adult who accompanies the child.

3. For the purposes of identifying the child and his or her relationship with the adult with whom he or she is staying at the facility, it is necessary to:
a) Ask for the child's identity document (ID card) or another document confirming the child's data. Examples of other documents that can be used for identification include: school ID, MObywatel application, Internet Patient Account.
b) If you do not have an ID document or refuse to show it, ask both the adult and the child to provide the child's data (e.g. name, surname, address, date of birth). Additionally, you should ask both the adult and the child about the relationship between them.
c) If the adult is not the child's guardian, he or she should be asked to show an appropriate document, e.g. the parent's consent for the person to travel with the child. This may be consent prepared in writing with a signature officially certified by a notary or consent signed by the child's parent, which will include the child's data, address of residence, telephone number of the parent and ID number/PESEL number of the person to whom the parent entrusted the care of the child. . If an adult does not have any of the above. documents, please ask her to complete an appropriate declaration in accordance with the template prepared by the facility constituting Annex 6 to these Minors Protection Standards. The declaration should include the child's details and the details of the adult with whom the child is staying, along with an indication of the relationship between the child and the adult. If the adult is not the child's parent or guardian, he or she should declare that the parents/guardians have consented to caring for the child.
d) If the adult in the company of the child refuses to show the child's document and/or indicate the relationship between them, it should be explained that the procedure is intended to ensure the safety of children using the facility and that, in accordance with applicable law, facility employees are obliged to determine whether the child is safe. Once the matter has been resolved in a positive manner, thank them for taking the time to make sure the child is well cared for.
e) If the conversation does not dispel doubts regarding the adult accompanying the child and his or her intentions towards the child, and especially if he or she refuses to show an identity document or submit a statement containing the child's data, the superior or manager should be discreetly notified in such a way as not to arouse suspicion. (you can, for example, refer to the need to use the equipment at the reception desk and ask an adult to wait with the child in a designated place).
f) From the moment the first doubts arise, the facility employee should be attentive to both the child and the adult and, if possible, try to ensure that they are not left alone.
g) A supervisor or manager who has been notified about the situation takes over the conversation with an adult to obtain further explanations.
h) If the interview confirms the belief that there has been an attempt or commission of an act to the detriment of the child, the supervisor or manager notifies the police of this fact. The procedure further applies as in the case of circumstances indicating harm to a minor, indicated in point VI below.
i) If employees of other departments of the facility witness unusual and/or suspicious situations, e.g. cleaning service, kitchen staff, they should immediately notify their supervisor or manager, who will take appropriate action in accordance with these Minors Protection Standards.
j) Depending on the situation and place, the supervisor or manager verifies to what extent the suspicion of child abuse is justified. For this purpose, it selects appropriate measures to clarify the situation or decides to intervene and notifies the police.

VI. Procedure in the event of circumstances indicating harm to a minor.
 
1. If you have a reasonable suspicion that a minor staying in the facility is being harmed, you should immediately notify the police by calling 112 and describing the circumstances of the incident. Depending on the dynamics of the situation and circumstances, the call is made by a person who is a direct witness of the event (employee/supervisor/manager). If the notifier is an employee, he or she also informs the manager about the event.

2. Reasonable suspicion of harm to a minor occurs when:
a) the minor disclosed the fact of harm to an employee of the facility,
b) the employee observed abuse,
c) the minor shows signs of abuse (e.g. scratches, bruises), and when asked the question answers inconsistently and/or chaotically and/or becomes embarrassed, or there are other circumstances that may indicate abuse, e.g. finding pornographic materials with minors in an adult's room .

3. In this situation, the minor and the person suspected of harming the minor should be prevented from leaving the facility.

4. In justified cases, a citizen may arrest a suspected person. In such a situation, until the police arrive, the person should be kept under the supervision of two employees in a separate room away from the view of other guests.

5. In each case, care should be taken to ensure the safety of the minor, who should remain under the care of the employee until the police arrive. Where possible, you should try to support your child.

6. In the event of a justified suspicion that a crime has been committed involving contact of a minor with the perpetrator's biological material (sperm, saliva, epidermis), if possible, the minor should not be allowed to wash or eat/drink until the police arrive. You should calmly and respectfully explain to your child why such restrictions have been placed on him or her.

7. After receiving the minor by the police, the monitoring material (if any) and other relevant evidence (e.g. documents) regarding the event should be secured and, at the request of the services, a copy should be delivered by registered mail or in person to the prosecutor or the police.

8. After the intervention, the event should be described in the event log or another document intended for this purpose.

9. At PTTK in Hala Miziowa, the person responsible for submitting reports on suspicion of committing a crime to the detriment of minors and submitting reports to the family court is the facility manager.

VII. Procedure in the event of suspicion or discovery of child abuse by an employee/other adult.
 
1. If child abuse is suspected by an employee or another adult who is not directly employed by the facility, but by a third party, the person who received this information should immediately inform the manager about this fact.

2. If the life or health of a child is at risk, the person who became aware of this should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's place of residence and a description of the circumstances of the case and notify the manager, who notifies the child's guardians/parents.

3. If an employee has committed a form of harm to a child other than committing a crime to its detriment, the manager, after receiving the information, should investigate all the circumstances of the case, in particular listening to the employee suspected of harming him and other witnesses of the incident. In a situation where the violation of the child's best interests is significant, in particular when discrimination or violation of the child's dignity has occurred, the manager should recommend to the Employer appropriate personnel actions in relation to this employee.

4. If the person who committed harm is not directly employed by the facility, but by a third party (e.g. outsourcing), then it should be recommended that he or she be banned from entering the facility and, if necessary, terminate the contract with the third party.
 
VIII. Procedure in the event of other forms of violence against a child being found by a parent/guardian/other adult.
 
1. If a parent/guardian or another adult with whom the child is staying on the premises is found to be harming a child, any employee who witnesses such harm should react decisively.

2. If the life or health of a child is at risk, the person who became aware of this should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's place of residence and a description of the circumstances of the case and notify the manager.

3. If an employee of the facility witnesses physical violence committed against a child (spanking, pulling, screaming, others listed in the definition of physical violence), he or she should try to stop the harm and react. Possible forms and ways of responding to harmful behavior of a parent/guardian/other adult towards a child are included in Appendix 4.

4. In a situation where a child under 7 years of age is left unattended, an employee who has received information about such an event should notify the manager who decides on further proceedings, in the context of the provisions of the Penal Code and the Code of Petty Offenses. Depending on this context, the manager attempts to find the parent/legal guardian or other adult with whom the child is staying on the premises and explains that he or she cannot leave the child unattended. In a situation where it is not possible to find the parent/legal guardian or other adult with whom the child is staying at the facility, or the parent/legal guardian/other adult is unwilling and/or unable to take over the care of the child, the manager notifies the fact the police. In all cases, you must ensure your child's safety.

IX. Update of the Standards for the Protection of Minors. 
 
1. The employer appoints the facility manager as responsible for the Minors Protection Standards applied at PTTK at Hala Miziowa and places his contact details in a place easily accessible to staff and guests, including children.

2. The facility manager is responsible for preparing the staff of the PTTK Shelter in Hala Miziowa to apply these standards for the protection of minors.

3. Preparation of the facility's staff to apply the Standards for the Protection of Minors takes place by: familiarizing the staff with this document and participating in training in their application. Familiarization with the document of standards for the protection of minors and confirmation of participation in training in their application are documented in writing.

4. The Manager evaluates these Minors Protection Standards at least once every two years to ensure their adaptation to current needs and compliance with applicable regulations. The manager documents the conclusions from the assessment in writing and forwards them to the Employer, who, if necessary, introduces the necessary changes to this document and announces the new wording of the Standards for the Protection of Minors to employees.

X. Publication of the Standards for the Protection of Minors.
 
1. This document of the Standards for the Protection of Minors is available in electronic form on the PTTK website in Hala Miziowa: https://halamiziowa.pl/ and in paper form at the PTTK reception desk in Hala Miziowa.

2. The Child Protection Standards are available in an understandable and abbreviated version for children staying on the premises in a place accessible and visible to them. The shortened version may contain graphic elements.

3. The following annexes constitute an integral part of the Standards for the Protection of Minors:
- Annex No. 1 - Declaration of familiarization with the Standards for the Protection of Minors.
- Annex No. 2 - Declaration of participation in the training.
- Annex No. 3 - Scope of data to be checked in the Register of Sexual Offense Perpetrators.
- Annex No. 4 - Template No. 1 of the declaration of no criminal record.
- Annex No. 5 - Template No. 2 of the declaration of no criminal record.
- Annex No. 6 - Sample declaration regarding minors.
- Annex No. 7 - Template of the declaration regarding the application of child protection standards for outsourcing companies employed by the facility.
- Appendix No. 8 - Examples of situations that may raise suspicions or indicate child abuse.
- Appendix No. 9 - Example of a conversation with an adult and a child during identification.
 
4. The Standards for the Protection of Minors described in this document apply from August 15, 2024.