Standards of protection for minors

Standards of protection for minors

in Dwór Korona Karkonoszy Sp. z o.o. (DKK Sp. z o.o.)

 

  • 1

Preamble

Bearing in mind the obligation, arising from the Act of 13 May 2016 on Counteracting the Threat of Sexual Offences and Protecting Minors, to introduce standards for hotel and tourism service providers, as well as those running other collective accommodation, to the extent necessary to ensure the protection of minors, and recognising the important role of business in ensuring respect for the rights of Children, in particular the right to protect their dignity and freedom from any form of harm DKK Sp. z o.o. adopts this document as a model of standards, rules and procedures in the case of suspicion of harm to a child staying at Dwór Korona Karkonoszy and prevention of such threats.

  • 2
    General provisions

 

  1. DKK Ltd. carries out its activities with the utmost respect for human rights,
    in particular the rights of Children as vulnerable persons.
  2. DKK Ltd. recognises its role in conducting socially responsible business and promoting desirable social attitudes.
  3. DKK Sp. z o.o. in particular stresses the importance of the legal and social obligation to notify law enforcement authorities of any suspected offence against children
    and undertakes to train its Staff in this regard.
  4. DKK Sp. z o.o. undertakes to educate the Staff on circumstances indicating that a child staying at Dwór Korona Karkonoszy may be abused and on how to react quickly and appropriately to such situations.

 

  • 3
    Definitions

 

  1. Child - anyone under the age of 18;
  2. Harming the Child - the commission of a criminal act or offence to the detriment of a Child by any person, including a member of Staff, or a threat to the welfare of a Child, including neglect of a Child. To the detriment of Children, all offences that can be committed against adults can be committed, in addition to offences that can only be committed against Children (e.g. sexual abuse under Article 200 of the Criminal Code). Due to the specific nature of tourist facilities, where seclusion can easily be obtained, the crimes most likely to occur on their premises will be crimes against sexual freedom and morality, in particular rape (Art. 197 of the Penal Code), sexual exploitation of insanity and helplessness (art. 198 of the Penal Code), sexual exploitation of dependence or critical position (art. 199 of the Penal Code), sexual exploitation of a person under 15 years of age (art. 200 of the Penal Code), grooming (seduction of a minor by means of remote communication - art. 200a of the Penal Code);
  3. Childminder - a person entitled to represent the child, in particular his or her parent
    or legal guardian. Under the Standards, a foster parent is also a guardian;
  4. Staff - is a person employed by the Company under an employment contract, a civil law contract, a member of an organisation, as well as a volunteer and an intern;
  5. Company - DKK Sp. z o.o..
  6. Standards - Standards for the protection of minors at DKK Ltd.
  • 4
    Principles to ensure a safe relationship between Staff and Child

 

  1. The guiding principle of all actions taken by Staff is to act for the benefit of the Child and in their best interests.
  2. Staff treat the Child with respect and take into account the Child's dignity and needs. It is unacceptable to use violence against the Child in any form. Staff, in pursuing these objectives, act within the framework of the applicable law, the organisation's internal regulations and their own competences.
  3. Staff are required to maintain a professional relationship with Children and to consider each time a response, message or action towards a Child is appropriate to the situation, safe, reasonable and fair to other Children. Staff are required to act in a way that is open and transparent to others to minimise the risk of misinterpretation of their behaviour.
  4. In communicating with Children, Staff are required to be patient and respectful, to listen carefully to Children and to give them answers appropriate to their age and the situation.
  5. Do not embarrass, humiliate, disrespect or insult the Child. Do not shout at a Child in a situation other than for the safety of the Child or other people or animals.
  6. Do not disclose sensitive information about the Child to unauthorised persons, including other Children. This includes the Child's image, information about his/her family, economic, medical, welfare and legal situation.
  7. When making decisions about a Child, Staff are required to inform the Child and, in an effort to take into account the expectations of the child.
  8. Staff shall respect the child's right to privacy. If it is necessary to waive confidentiality in order to protect the Child, Staff must explain this to the Child as soon as possible.
  9. Staff shall ensure that be within sight or hearing of other members of staff, When carrying out activities with children. In exceptional and justifiable situations where a member of Staff needs to be alone with a Child, they are always required to notify other members of Staff and, if possible and reasonable, the Child's Supervisor, and are required to inform you exactly where he or she will be staying with your child.
  10. You must not behave in an inappropriate manner in the presence of the Child. This includes using vulgar words, gestures and jokes, making offensive remarksreferring to sexual activity or attraction in statements and using power relationships with the child
    or physical superiority (intimidation, coercion, threats).
  11. Staff are obliged to assure the Children that if they feel uncomfortable in a situation, towards a particular behaviour or words, they can tell the Staff or the Director of DKK Ltd. about it and can expect to appropriate response and/or assistance.
  12. It is forbidden to make any romantic or sexual relationships with the Child,
    nor make propositions of an inappropriate nature to him/her. This includes sexual comments, jokes, gestures and the sharing of erotic and pornographic content with the Children in whatever form.
  13. It is not permitted to capture an image Child (filming, voice recording, photographing) for private purposes. This also applies to allowing third parties to record images of Children
    without the prior consent of the Child's Guardians and the Child himself.
  14. Children must not be offered alcohol, tobacco products or illegal substancesas well as use them in the presence of Children.
  15. Any violent action against a Child is unacceptable. It is forbidden to hit, poke, push or in any way violate the physical integrity of the Child, or to touch the Child
    in a manner that may be considered indecent or inappropriate.
  16. Direct contact and through means of communication with Children should only take place during working hours and for purposes that fall within the scope of the Staff's responsibilities. You must not invite Children to your place of residence or meet them outside of working hours. This includes contact with Children through private communication channels (private phone, email, instant messaging, social media profiles).

 

  • 5
    Rules for the identification of the child residing in the ACC and its relationship to the
    to the adult with whom he or she is staying at the DKK Ltd.

 

  1. When accepting a child for a stay at the DKK Sp. z o.o. whenever possible, you should identify the child and his/her relationship with the adult, with whom she is staying at DKK Ltd.
  2. Carrying out identification of the Child by the Reception Staff is mandatory in unusual and suspicious situations indicating that there is a risk of harm to the Child.
  3. In order to identify the Child and his/her relationship to the person with whom he/she is staying at the DKK Ltd:
    • inquire about the identity of the Child and the Child's relationship to the person with whom the Child has come to or is staying at the ACC. For this purpose, you may ask for the Child's identity document or any other document confirming that an adult has the right to take care of the Child in the DKK Sp. z o.o. (e.g. civil status certificate, court decision). If there is no identity document, you may be asked to provide the Child's data (name, surname, address, PESEL number);
    • in the absence of documents indicating the relationship between the Child and the Adult, the Adult and the Child should be asked about this relationship;
    • if the adult is not the Child's Guardian, ask if he/she has a document showing that the Child's Guardians have consented to an adult travelling together with the Child (e.g. a written statement giving consent from at least one of the Child's parents/legal guardians. However, if there is a disagreement between the Child's parents, the parents should be informed that the matter should be decided by the family court);
    • if the adult does not have a document of consent from the child's guardiansask
      for the telephone number of the aforementioned in order to call and confirm that the Child is staying at the ACC with a strange adult with the knowledge and consent of the Child's Guardians.
  4. In the event of resistance by an adult to produce the Child's document or to indicate the relationship, the following should be done explain that the procedure serves the purpose of ensuring the safety of children using the services of DKK Sp. z o.o. and such an obligation results from the provisions of generally applicable law.
  5. If the conversation does not dispel doubts about the suspicion against the adult and his/her intention to harm the Child, the Director should be discreetly informed
    DKK Ltd. or a person designated by it. In order not to arouse suspicion, you can, for example, invoke the need to use the equipment at the back of reception by asking an adult to wait with your Child in the lobby, restaurant or elsewhere.
  6. From the moment concerns first arise, both the Child and the adult should be under the constant observation of Staff and not left alone.
  7. The Director of the ACC or his/her designee shall decide whether to notify the police or, in case of doubt, take over the interview with the suspect adult for further clarification.
  8. If the conversation confirms the belief that a crime has been attempted or committed against the Child, the supervisor shall notify the police. Further rules apply in the event of circumstances indicating harm to the Child.
  9. In case unusual or suspicious situations are witnessed by the staff of other organisational units, e.g. cleaning service, room service, bar and restaurant staff, security, they should immediately notify the Director of the DKK SP. Z O.O. or a person designated by him/her, who will decide on appropriate action to be taken.

 

  • 6.
    Rules and procedures for responding in the event of a reasonable suspicion that the welfare of a Child on the premises of the ACC or using the services of the ACC is at risk; persons responsible for filing notices of suspected offences to the detriment of the Child

 

  1. Staff are knowledgeable and pay attention to risk factors as part of their duties
    and symptoms of child abuse.
  2. Threats to children's safety can take many forms, using different modes of contact and communication.
  3. Staff are obliged to immediately inform the Director of the ACC of any suspected abuse of a Child.
  4. The intervention is carried out by the Director of the ACC, who may permanently appoint another person for this task, unless the Personnel's actions in this respect are sufficient. If such a person is appointed, their details (name, email, telephone) will be made known to Staff, Children and Children's Carers.
  5. Reasonable suspicion of Child Abuse occurs when:
    • The child disclosed the fact of abuse to the Staff,
    • Staff observed harming,
    • The child shows signs of abuse (e.g. scratches, bruises) and when asked responds incoherently and/or chaotically and/or becomes embarrassed or there are other circumstances that may indicate abuse e.g. finding pornographic material involving Children in an adult's room;
    • The Child's guardian or a third party will report that the Child is being abused.
  6. In the case of suspected abuse of a Child by another Child staying at the ACC. (e.g. during group activities) a conversation should be held with the suspected Child
    of the Child suspected of abuse (with the Child's Guardian if possible) and the Child's Guardian, and separately with the Child undergoing abuse (with the Child's Guardian if possible) and the Child's Guardian. Ensure the safety of the Child and separate the Child from the Child suspected of abuse. In addition, talk to others with knowledge of
    about the incident. In the course of your discussions, you should aim to establish the course of the incident. Depending on
    depending on the nature of the incident Personnel shall take the investigation and corrective action themselves
    or immediately informs the Director of the DKK Ltd. for intervention.
  7. If it is suspected that a Child is experiencing violence from another Child with prejudice
    in health, sexual abuse and/or endangerment of his/her life or repeated physical violence, repeated psychological violence or repeated disturbing other behaviour, the intervener is additionally obliged to report the possibility of a criminal offence or to notify the nearest family court.
  8. In the case of suspected abuse of a Child by the Child's Guardian/the person with whom the Child is staying
    at DKK Sp z o.o. in the form of:

    • violence with bodily harm, sexual abuse and/or his/her life is at risk, Staff shall ensure the safety of the Child and separate him/her from the Child's Guardian/the person with whom he/she is staying suspected of abuse and notify the police at 112
      or 997;
    • other offences, the intervening person is obliged to notify the police or the public prosecutor's office by filing a notice of possible offence;
    • one-off other physical violence (e.g. spanking, pushing, poking), psychological violence (e.g. humiliation, discrimination, ridicule) or other disturbing behaviour (i.e. shouting, inappropriate comments), The staff is obliged to ensure the safety of the Child, to conduct an interview with the Child's Guardian/ the person with whom he/she is staying suspected of abuse, in the case of repeated violence, the intervening person is obliged to notify the appropriate social welfare centre, at the same time submitting an application to the family court for inspection of the family situation.
  9. If a member of Staff suspects that a Child is being abused by a third party (including a member of Staff) in the form of:
    • violence with damage to health, sexual abuse and/or his/her life is at risk, the Staff shall ensure the safety of the Child and separate him/her from the suspected abuser and notify the police at 112 or 997;
    • other types of offences, the Staff shall ensure the safety of the Child and separate the Child from the suspected abuser and inform the Police or the Public Prosecutor's Office in writing by filing a notice of possible offence;
    • one-off other physical violence (e.g. spanking, pushing, poking) or psychological violence (e.g. humiliation, discrimination, ridicule), the Staff is obliged to ensure the safety of the Child and to separate the Child from the suspected abuser. The intervening person is obliged to terminate the relationship with the person harming the Child;
    • other disturbing behaviour (i.e. shouting, inappropriate comments), Staff are obliged to ensure the safety of the Child and to separate the Child from the suspected abuser
      and the intervener is obliged to conduct a disciplinary interview and, if there is no improvement, to terminate the cooperation.
  10. In a situation of suspected Child Abuse, the Child and the person suspected of abusing the Child must be prevented from leaving the DKK Ltd.
  11. In justified cases, a citizen's arrest of a suspect may be made.
    In such a situation, the person should be kept under the supervision of two members of staff in a separate room away from the view of other visitors until the police arrive.
  12. In all cases, care should be taken to ensure the Child's safety. The child should stay
    in the care of a member of staff until the police arrive.
  13. Where there is a reasonable suspicion that a related offence has been committed
    with contact of the Child with the perpetrator's biological material (sperm, saliva, epidermis), the Child should, if possible, be prevented from washing and eating/drinking until the police arrive.
  14. After the Child has been collected by the police, the CCTV footage and other relevant evidence (e.g. documents) relating to the incident must be secured and, if requested by the service, a copy must be forwarded by registered letter or in person to the public prosecutor or the police.
  15. Staff and the intervening person are required to make a note of the incident
    and the action taken. The note may be in writing or by email.
  16. After the intervention, the incident must be described in the record of incidents endangering the welfare of the Child. The register of incidents endangering the welfare of the Child is kept by a person appointed by the Director of the ACC. The template of the register of incidents threatening the welfare of the Child is an annex to the Standards.

 

  • 7.
    Employing people to work with children

 

  1. All persons working with children must be safe for them, which means, among other things, that their employment history should indicate that they have not harmed any Child in the past.
  2. It is mandatory for staff employed by the Company for education, leisure and childcare work to be checked against the Sex Offender Register. A check of a person on the Sexual Offenders Register is done by printing out the results of a search of the person on the Sexual Offenders Register with restricted access, which is then attached to the personnel file of the person checked. The check should be repeated
    every year.
  3. All staff employed to work with children, including those who may have potential contact with children, should declare that they have no criminal record and that there are no proceedings for acts against children.

 

  • 8.
    Principles for the protection of children from harmful content and threats on the Internet and recorded in this form
     
  1. The Company, in providing Children with access to the Internet, is obliged to take measures to protect Children from accessing content that may pose a risk to their proper development; in particular, security software must be installed and updated.
  2. At DKK Sp. z o.o., the Child's access to the Internet is possible via the Company's wifi network, after providing the password.
  3. The person responsible for the Internet ensures that the organisation's Internet network is protected against unsafe content by installing and updating appropriate, modern software.
    (...)
  • 10.
    Final provisions
     
  1. The policy comes into force on 15 February 2024.
  2. The Company makes the Standards available on its website, at the reception of DKK Ltd.
    and posted in a place commonly accepted in the given DKK Sp. z o.o. for posting notices, in a complete and abridged version, intended for Children. The abridged version contains information relevant to Children.

(...) Communicated for use as from the date of publication