Accepting reports of incidents of abuse: Elżbieta Pasternak, tel: 0048 338431211 ext.35, pasternak@mdsm.pl 

Internet access safety: Piotr Hebda, hebdapiotr@gmail.com  

POLICY ON CHILD PROTECTION AGAINST ABUSE
hereinafter referred to as the "Policy"

Preamble

The Foundation for the International Youth Meeting Center in Oświęcim carries out educational and learning activities aimed at various youth groups, including minors/children, and operates overnight accommodations. The Foundation's staff follows the principle that all these activities must prioritize the welfare of the child and be undertaken in the child's best interest. The staff treats the child with respect and considers their needs. Any form of violence against children by anyone is unacceptable. The Foundation's personnel, in fulfilling these objectives, act in accordance with applicable law, internal regulations, and within their competencies.

Legal Basis for the Policy

1. The United Nations Convention on the Rights of the Child, adopted by the UN General Assembly on November 20, 1989 (Dz. U. of 1991 No. 120, item 526 with amendments)
2. The Constitution of the Republic of Poland of April 2, 1997 (Dz. U. of 1997 No. 78, item 483, as amended.)
3. The Family and Guardianship Code, Act of February 25, 1964 (consolidated text: Dz. U. of 2023, item 2809)
4. The Act of July 28, 2023, amending the Family and Guardianship Code and certain other acts (Dz. U., item 1606)
5. The Act of May 13, 2016, on the Prevention of Sexual Offenses (consolidated text: Dz. U. of 2023, item 1304 with amendments)
6. The Act of July 29, 2005, on Counteracting Domestic Violence (consolidated text: Dz. U. of 2021, item 1249 with amendments)
7. The Penal Code, Act of June 6, 1997 (consolidated text: Dz. U. of 2024, item 17)
8. The Code of Criminal Procedure, Act of June 6, 1997 (consolidated text: Dz. U. of 2022, item 1375 with amendments)
9. The Civil Code, Act of April 23, 1964 (consolidated text: Dz. U. of 2023, item 1610 with amendments)
10. The Code of Civil Procedure, Act of November 17, 1964 (consolidated text: Dz. U. of 2023, item 1550, with amendments)

Glossary of Terms

§ 1

1. A Foundation Employee is any person who is part of the Foundation’s staff, regardless of the legal basis of their employment with the Foundation (employment contract, civil law contract, volunteer agreement, or internship agreement).
2. A Child/Minor is any individual who has not yet reached the age of 18 and has not entered into marriage.
3. A Child's Guardian is a person authorized to represent the child, especially their parent or legal guardian. For the purposes of this document, a foster parent is also considered a guardian.
4. Parental Consent refers to the consent of at least one parent or legal guardian of the child.
5. Child Abuse refers to the commission of a prohibited act or a punishable act that harms a child by any person, including a Foundation employee or a third party.
6. The Person Responsible for Child Protection is the employee designated by the Foundation's Board to supervise the implementation of the Policy.
7. Personal Data of the Child includes all information that allows for the identification of the child.

Identifying and Responding to Risk Factors for Child Abuse

§ 2

1. The Foundation’s staff/employees are knowledgeable and, in the course of performing their duties, pay attention to risk factors and symptoms of child abuse.
2. In the event of identifying risk factors, employees engage in conversations with the child's guardians, providing information about available support and motivating them to seek help.
3. The staff prioritizes the child’s well-being.

Employee Recruitment Principles

§ 3

Employee recruitment follows the principles of safe staff recruitment. These principles are outlined in Annex No. 1 to the Policy.

Principles for Safe Interactions Between Foundation Employees and Children

§ 4

1. The Foundation will make every effort to ensure that employees who may come into contact with children are aware of their obligations in this regard, and that they know how to maintain safe relationships with children.
2. Any interaction between an employee and a child should not exceed what is justified by the employee's professional duties.
3. The detailed rules for safe employee-child relationships established by the Foundation are specified in Annex No. 2 to the Policy.

Intervention Procedures in Case of Suspected Child Abuse

§ 5

1. The threat to children’s safety may take different forms and involve various ways of communication.
2. For the purposes of the Policy, the following classifications of threats to children's safety have been adopted:
   1. A crime has been committed against the child (e.g., sexual abuse, mistreatment of the child);
   2. Other forms of abuse have occurred, not constituting a crime, such as shouting, physical punishment, or humiliation.
3. For the purposes of the Policy, procedures for intervention in cases of suspected harm to the child by adults (Foundation employees, third parties, parents/legal guardians) have been distinguished.

§ 6

1. If a Foundation employee suspects that a child is being abused, or if such a circumstance is reported by the child or the child's guardian, the employee is obligated to make an official note and forward the information to the Foundation's Board. The note must be in written paper form or electronically sent via email.
   
    
2. The intervention is carried out by the Foundation's Board which may permanently appoint another person for this task. If such a person is appointed, his/her details (name, surname, e-mail, telephone) will be made known to the Foundation's employees/staff as well as to children and their guardians.
3. In the event of appointing another person to lead the intervention, the term "Foundation Board" shall refer to the person responsible for leading the intervention.
4. Specialists, particularly psychologists and educators, may be invited to participate in the intervention to assist in discussing difficult experiences with the child.
5. The Foundation’s Board informs the guardians of the obligation to report suspected child abuse to the appropriate institution (prosecutor/police, family and guardianship court, or the nearest social welfare center).
6. In special situations, after informing the guardians as outlined in the previous point, the Foundation’s Board files a report of suspected criminal activity with the prosecutor/police, submits a request to the district court, family and juvenile division, or social welfare center to examine the family’s situation.
7. The further course of action is within the competence of the institutions indicated in the previous section.
8. An intervention record, the template of which is provided in Annex No. 4 to this Policy, is created for every intervention. The record is attached to the intervention log maintained by the Foundation.

§ 7

In the event of suspicion that a child's life is in danger or they are at risk of serious injury, the appropriate services (police or emergency medical services) must be immediately notified by calling 112 or 998 (ambulance). The notification is made by the Foundation employee who first becomes aware of the threat, and they must also complete an intervention report.

§ 8

1. If child abuse is reported, the Foundation's Board (or a person appointed by them) conducts an interview with the child and other individuals who have or may have knowledge of the incident, particularly the child's guardians. The Foundation's Board attempts to establish the sequence of events, and the findings are recorded on the intervention report.
2. The Foundation's Board organizes a meeting or meetings with the child's guardians, providing them with information about the incident and the need/possibility to seek specialist support, including from other organizations or services.
3. If a crime has been committed against the child, the Foundation’s Board prepares a report of the suspected crime and submits it to the appropriate local police or prosecutor's office.
4. If a Foundation employee has committed a form of harm to a child other than committing a crime to the child's detriment, the Foundation's Board should investigate all the circumstances of the case, in particular, interview the person suspected of harm, the child and other witnesses to the incident. In a situation where the violation of the child's welfare is significant, particularly when there has been discrimination or a violation of the child's dignity, the termination of the legal relationship with the person who committed the abuse should be considered, or such termination should be recommended to the person's superiors. If the person who perpetrated the abuse is not directly employed by the Foundation, but by a third party, then it is necessary to recommend that this person be banned from entering the Foundation's premises, and, if necessary, terminate the contract with the cooperating institution.
5. All individuals who, in the course of their duties, have become aware of child abuse or related information are obliged to keep this information confidential, except when sharing it with authorized institutions as part of the intervention process.
6. If a suspicion of a threat to the child's safety has been reported by the child's guardians, and this suspicion has not been confirmed, the child's guardians must be informed in writing.

Principles for the Protection of Personal Data and the Image of Children in the Institution

§ 9

1. The Foundation ensures the highest standards of protection for children's personal data in accordance with applicable law.
2. Recognizing the child's right to privacy and the protection of personal rights, the Foundation ensures the protection of the child's image.
3. Guidelines for the publication of children's images are provided in Annex No. 3 to the Policy.

§ 10

1. Foundation employees are prohibited from capturing a child’s image (filming, photographing, recording the child’s voice) on the Foundation's premises without the written consent of the child’s parent/legal guardian. 
2. To obtain the consent referred to in section 1 above, the Foundation employee may contact the child’s parent/legal guardian and establish the procedure for obtaining consent. It is not permitted to provide a media representative with the contact details of the parent/legal guardian without the parent/guardian's knowledge and consent.
3. If the child’s image is only a minor part of a larger whole, such as an assembly, landscape, or public event, the parent/guardian’s consent is not required to capture the child’s image.

§ 11

1. Publishing a child's image captured in any form (photograph, audio-video recording) by a Foundation employee requires the written consent of the parent/legal guardian.
2. The written consent mentioned in section 1 should include information on where the recorded image will be posted and in what context it will be used.

Rules for Children's Access to the Internet

§ 12

1. On the Foundation's premises, a child’s access to the Internet is possible:
   1. under the supervision of a Foundation employee,
   2. using devices owned by the Foundation,
   3. via the Foundation’s Wi-Fi network.
2. When access is provided under the supervision of a Foundation employee, the person is responsible for informing children about the principles of safe Internet use. The Foundation employee also monitors the safety of children’s Internet use during activities. In case of any violations of the rules, the employee informs the person responsible for Internet safety and the Foundation’s Board about the incident.

§ 13

1. The Foundation's Board appoints Piotr Hebda as the person responsible for ensuring safe Internet access on the Foundation's premises.
2. The responsible person, in cooperation with the Internet provider, ensures that the Foundation's network is protected against harmful content.
3. This person regularly checks that the Foundation's devices connected to the Internet do not contain dangerous content. If any dangerous content is found, they restore the device to a safe state and, where possible, try to determine who was using the device.
4. If the identity of the child who violated the rules is determined, this information is passed on to the Foundation's Board, who will notify the child’s guardians about the incident.

Monitoring

§ 14

1. The Foundation's Board appoints Elżbieta Pasternak as the person responsible for the Child Protection Policy at the International Youth Meeting House Foundation.
2. The person mentioned in section 1 above is responsible for monitoring the implementation of the Policy, responding to reports of Policy violations, and proposing amendments to the Policy.
3. This person also conducts a monitoring survey among Foundation employees every 12 months to assess the level of Policy implementation.
4. In the survey, employees can suggest changes to the Policy and report any violations of the Policy within the Foundation.
5. The person mentioned in section 1 above compiles the surveys completed by employees and prepares a monitoring report, which is then submitted to the Foundation’s Board.
6. The Foundation's Board makes the necessary changes to the Policy and announces the amended wording of the Policy to its employees.

Final Provisions

§ 15

1. The Policy will be reviewed at least once every two years to ensure it is adapted to current needs and complies with applicable regulations. The conclusions of the review will be documented in writing.
2. The Policy will be made available on the website www.mdsm.pl and displayed in a visible location at the MDSM Reception, both in full and in a shortened version for minors.
3. The Policy comes into force upon its publication.