STANDARDS OF PROTECTION OF MINORS - Gorlice

SHORT VERSION OF THE STANDARDS FOR THE PROTECTION OF MINORS
w Justyna Wichlinska Jaroslaw Wichlinski Doctors of Dentistry Wichlinskis Gorlice partnership 

1.We are a clinic and we want you to feel comfortable and safe with us.
2. if you didn't like anything or felt bad you can pass it on to Ms Ewelina Gubala or write to e-mail:ewelina@stomatologiawichlinscy.pl.
3 You go in for appointments with your mum or dad. They can always be there for you.
4 Before the examination, the doctor will explain to you what he or she will be doing and why.
5 You can tell your doctor anything, he is here to help you.
6 Knowing what is wrong with you, what you are afraid of or ashamed of can be very important. With this knowledge, your doctor will be able to help you in the best way possible.
7 You can ask the doctors, hygienists, assistants and anyone in our practice questions. They will be happy to answer them.
8 No one is allowed to shout at you, make fun of you, touch you without your permission or photograph you.
9. whatever is happening in your life you are not alone.

These are 24-hour phone numbers for people you can trust:
1) National Emergency Service for Victims of Family Violence "Blue Line": 800 120 002;
2) Helpline for Children and Young People: 116 111.

10. wi-fi is password-protected at our site and some sites are not accessible.

Table of contents:

Chapter 1. General provisions.

Chapter 2. Principles to ensure a safe relationship between the minor and the staff of the treatment facility.

Chapter 3. Catalogue of prohibited conduct.

Chapter 4. Principles and procedure for intervening in situations of suspected abuse or having information about abuse of a minor and the appointment of a person responsible for receiving reports and informing the relevant institutions.

Chapter 5. Principles for updating the Standards and the terms of reference of those responsible for preparing staff members to apply them.

Chapter 6. Rules for making the Standards available for parents or legal or actual guardians and minors to read and apply.

Chapter 7. Rules on the use of electronic devices with access to the Internet and procedures for protecting minors from harmful and dangerous content on the Internet and recorded in other forms.

Chapter 8. Principles for establishing a minor's support plan following disclosure of harm.

Chapter 9. Principles for the protection of the image of a minor.

Chapter 10. Final provisions.

Chapter 1

General provisions

1. Standards for the Protection of Minors in Justyna Wichlinska Jaroslaw Wichlinski Lekarze Stomatologzy Wichlinski Gorlice company Partnership ul. 3 Maja 16, 38-300 Gorlice have been developed in connection with the legal obligations imposed by the Act of 13 May 2016 on Preventing the Risk of Sexual Offences and Protecting Minors.
2. Whenever referred to in this document:

• harm to a minor - it shall be understood to mean the commission of a criminal or delinquent act (including indecent acts) to the detriment of a minor by any person, including a member of staff, or by threatening the welfare of a minor, including neglect;
• physical violence - it means intentional bodily harm, infliction of pain. Physical violence can result in all kinds of physical injuries, including fractures, bruises, cuts, burns and internal injuries;
• psychological violence - it should be understood as any action adversely affecting the minor's psyche, inter alia: repeated humiliation, humiliation and ridicule, involving adults in the conflict, manipulating the minor, lack of appropriate support, attention, placing demands and expectations on the minor that he/she is unable to meet;
• sexual violence - it shall mean the involvement of a minor in sexual activity by an adult. Sexual abuse refers to behaviour involving physical contact (e.g. touching a child, intercourse with a child) and behaviour without physical contact (e.g. showing pornographic material to a child, voyeurism, exhibitionism);
• minors - is to be understood as a person under the age of 18 or not married (as a result of which he/she has come of age);
• caregiver - it should be understood to mean the factual/legal guardian - the person authorised to represent and decide for the minor;
• management - means the head of the healthcare body, his deputies, proxies and any person having decision-making powers in the healthcare body, regardless of the name of their function;
• staff - is to be understood as all persons employed, co-operating or providing services in the Justyna Wichlinska Jaroslaw Wichlinski Lekarze Stomatologzy Wichlinski Gorlice partnershipwho are involved in the provision of health services to minors or who may come into contact with a minor or are involved in the employment procedure, regardless of their profession and of the legal basis for the provision of health services or for the performance of their professional duties;
• therapeutic entity - is to be understood as Justyna Wichlinska Jaroslaw Wichlinski Lekarze Stomatologzy Wichlinski Gorlice partnership
• standards - this is to be understood as these Standards for the Protection of Minors;
• employment - is to be understood as the establishment of a relationship with any person on the basis of an employment contract or a civil law (contractual) agreement.

3. The duty to comply with the standards is incumbent on each member of staff and the management of the treatment entity.
4. For the purpose of preventing abuse of minors, staff and management shall take the actions set out in the standards, also when they observe or become aware of abuse of a minor by adult third parties or by other minors.
5. The implementation, monitoring of compliance, evaluation of the implementation of the standards and other tasks set out in the standards are the responsibility of the head of the treatment entity.
6. The head of the treatment entity shall delegate the tasks referred to in standard 5 to Ewelina Gubala - Manager.
7. Before employing any person who will provide health care services to minors or participate in the provision of health care services to minors, information must be obtained from the Sexual Offender Register as to whether the person is on the register.
8. Before employing a person who will provide health care services to minors or will participate in their provision, the person must be obliged to provide a current certificate from the National Criminal Register with respect to the offences specified in Chapter XIX (offences against life and health) and XXV (offences against sexual freedom) of the Penal Code, in Art. 189a (trafficking in human beings) and Art. 207 (abuse) of the Penal Code and in the Act on Counteracting Drug Addiction of 29 July 2005, or for the corresponding offences defined in foreign law. In the case of employment of a foreigner, the foreigner should be verified in terms of his/her criminal records in the country of origin or the country where he/she last resided, with respect to the offences indicated in standard 8 or corresponding offences sanctioned by the law of the country concerned
9. .The head of the health care entity is further entitled to oblige the foreigner to submit an appropriate declaration of no criminal record. The declarations are submitted under pain of criminal liability for making a false declaration.
10. Only those persons who are not on the Sex Offender Register and who have provided a current certificate from the National Criminal Register confirming that they have not been convicted of the offences referred to in point
11. Each member of staff is required to familiarise himself/herself with the Standards. Acknowledgement of a member of staff's familiarisation with the Standards shall be made by the member of staff submitting a declaration, a specimen of which is provided in Annex 1 to the Standards.
12. The head of the treatment entity at least once a year in December:

• shall review the Sexual Offenders Register, determining whether a member of staff who provides or participates in the provision of health services to minors in a treatment facility is not listed in that register;
• collect declarations from a member of staff who provides health services to minors or participates in the provision of health services in the treatment facility that he or she has not been entered in the National Criminal Register with respect to the offences specified in point 8 and that he or she is not under investigation or prosecution for those offences. A model statement is attached as Annex 2 to the standards.

13. In the event of becoming aware of:
    • the initiation or prosecution of a member of staff for the offences set out in Standard 8, the head of the treatment facility shall immediately remove such person from all forms of contact with minors;
    • conviction of a member of staff for an offence or offences as defined in Standard 8, the head of the treatment entity shall immediately terminate such person's underlying contract or remove him or her from office.

Chapter 2

Rules to ensure safe relations between minors and staff

1. The basic principle during the activities undertaken by the staff and the management of the treatment facility when dealing with minors is to act for their welfare.
2. Staff members and management:

• treat the minors with respect, remaining calm and patient in their dealings with the minors and showing understanding of their difficulties, problems and needs;
• ensure that patients' rights are respected
• respect their right to care by their legal representatives or actual guardians;
• as far as possible, explain to them the actions being taken in an age-appropriate manner, while attempting to minimise fear and anxiety arising from the situation and seek their approval for the health services being provided;
• provide an opportunity for the minor to express his or her opinion and ensure the minor's right to be heard.

3. Any person employed in a treatment facility who is aware that a minor has been the victim of physical or psychological abuse or sexual exploitation is required to exercise extreme caution and tact in their dealings with that minor.
4. If a minor by his/her behaviour seeks to make physical contact of a potentially inappropriate or inadequate nature with a member of staff, staff shall take appropriate, firm action, sensitively explaining to the minor the need to maintain the boundaries of the personal area.
5. The examination of a minor patient requires the consent of the guardian in accordance with Polish law, subject to emergency situations.
6. The examination of the minor should be performed in the presence of his/her guardian.
7. Physical contact with a minor shall only take place during the performance of medical services, with the guardian's consent and with the minor's consent if he or she has reached the age of 16 or if he or she has entered into marriage and thus obtained the rights of an adult.
8. During the examination of a minor patient, intimacy appropriate to the patient's age, needs and expectations must be provided.
9. The minor should be encouraged to adopt an assertive attitude, to express their own opinions, to communicate their own feelings.
10. The minor and his/her guardian must be informed of the possibility of reporting inappropriate behaviour by a member of staff of the treatment facility towards the minor, words spoken, gestures made or other behaviour that has caused feelings of discomfort/concern or has been offensive/harmful.
11. The minor and his/her guardian may make a report to any staff member, who must notify the Head of the Entity or the person responsible for implementing the Standards.
12. Staff members highlight risk factors and symptoms of abuse of minors.

Chapter 3

Catalogue of prohibited conduct

1. Any form or form of violence against minors - both physical and psychological (verbal) violence - is prohibited.
2. It is prohibited to touch minors in a way that could be misinterpreted or that goes beyond a legitimate medical need.
3. It is forbidden to present erotic, pornographic or violent content to minors.
4. It is forbidden to ridicule, humiliate or label minors.
5. It is strictly forbidden to disclose sensitive information about a child to unauthorised persons.
6. Physical contact with a minor must never be surreptitious or concealed, involve gratification of any kind or stem from a relationship of power or authority.
7. Staff must not contact the minor directly without the minor's guardian.
8. Staff must not establish contact with a minor in any form other than that envisaged by the provision of health services, in particular by inviting or accepting invitations from minors on social media, instant messaging or through other private forms of contact.

Chapter 4

Rules and procedure for intervening in situations of suspected abuse of a minor and the person responsible for receiving reports and informing the relevant institutions

1. If you observe or become aware of:

• in a situation of violence or exploitation of a minor, any member of staff or management is obliged to react immediately to stop the abusive behaviour and ensure the protection of the minor;
• any behaviour giving rise to a suspicion of violence or exploitation of a minor, any member of staff or management is obliged to report it to the head of the treatment facility;
• breaches of standards - any member of staff or management is required to report suspected breaches immediately to the manager of the treatment entity.

2. Suspected violations of standards, particularly those related to abuse of minors, can be reported to Ms Ewelina Gubala or by email: ewelina@stomatologiawichlinscy.pl.
3. The head of the treatment facility shall endeavour to promptly investigate a report of suspected abuse of a minor by a member of staff, taking all necessary action. Actions taken by the head of the treatment entity should be properly documented by drawing up appropriate protocols or staff notes.
4. Where it is reported that a member of staff is suspected of harming a minor, that person shall be immediately removed from all forms of contact with minors until the matter is clarified.
5. Where it is established by the staff of the treatment facility that the guardian of the minor neglects his/her psycho-physical needs or the family is educationally inefficient, uses or condones violence towards the minor or treats the minor in another harmful way, appropriate measures shall be taken.
6. In the situation described in Standard 5, in the case of:
   • poverty - you can talk to the minor's guardian and inform him/her about the possibilities of support, in particular social assistance centres
   • neglect - the possibility of psychological support, in particular helplines and specialist counselling centres, can be informed;
   • violence - the Blue Card procedure can be initiated.
7. If the interview with the guardian shows that he/she is not interested in helping the minor, ignores the incident or the psycho-physical state of the minor or otherwise does not support the minor who has experienced violence, the head of the treatment facility shall draw up a request for family insight, which shall be referred to the competent family court. A note shall be made of the request.
8. In the case of suspicion that the health or life of a minor is at risk or where there is a justified suspicion that a minor has been the victim of a criminal offence , the head of the health care unit shall draw up a notification of a possible criminal offence and send it to the police or the public prosecutor's office with territorial jurisdiction. A note shall be made of the notification.
9. Information about the intervention taken shall be placed in the child's medical record.
10. The facility maintains a Register of incidents endangering the welfare of the minor, which constitutes a Annex 4 to the Standards.
11. National helplines for victims of crime and domestic violence:
    • national telephone hotline for victims of crime +48 222 309 900;
    • National Emergency Service for Victims of Family Violence "Blue Line" 800 120 002;
    • Helpline for Children and Young People 116 111.

Chapter 5

Principles for updating the Standards and terms of reference for those responsible for preparing staff members to apply them

1. The head of the treatment entity shall review the standards at least once a year in order to adapt them to current needs and to comply with current legislation. The conclusions of the review shall be documented.
2. Members of staff, minors or their legal representatives may submit their comments on the standards to the head of the treatment facility.
3. The head of the treatment facility may check staff knowledge of the standards and organise training on the protection of minors from abuse .

Chapter 6

Rules for making standards available for parents or legal or actual guardians and minors to read and apply

2. The standards are a publicly available document. The standards can be found:
   • at the reception in the form of a printed document
   • on the website of the healthcare provider at: Stomatologia Wichlińscy - Stomatologia Wichlińscy (stomatologiawichlinscy.pl)
3. Any minor or the minor's guardian may obtain, on request, a copy of the standards available at reception for inspection.
4. An abridged version of the standards has been developed based on the standards, including information relevant to minors. The abridged version of the standards provides Annex 3 to the Standards.

Chapter 7

Rules on the use of electronic devices with access to the Internet and procedures for the protection of minors from harmful content and threats on the Internet and recorded in other forms

1. The healthcare provider shall provide access to the Internet.
2. Internet access is password-protected and configured to prevent access to sites:
   • with pornographic or erotic content;
   • depicting images of violence or cruelty towards other people or animals;
   • gambling sites;
   • unmodified chat rooms.

Chapter 8

Principles for establishing a support plan for a minor after disclosure of harm

1. Once the abuse of a minor has been disclosed, the manager of the treatment facility shall establish a plan to support the minor together with the minor's guardian, provided that the guardian is not the one committing the acts against the minor.
2. As far as possible, once the support plan has been established, the head of the treatment facility shall listen to the minor's views and, as far as possible, take into account the minor's requests and proposals.

Chapter 9

Rules on the protection of the image of minors

1. The minor's personal data shall be protected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)
2. The image of the minor is subject to the protection provided by the relevant legislation.
3. Publicising the image of a minor recorded in any form (i.e. photograph, audio-video recording) requires the written consent of that minor's guardian.
4. If the image of a minor is only a detail of a whole, such as a gathering, a landscape, a public event, the guardian's consent is not required for the recording of the minor's image.
5. The image of a minor captured by video surveillance cameras used to record images for the purpose of ensuring the safety of persons and property in the healthcare facility shall not be made public and shall not require the consent of the minor's guardian to have his or her image recorded. The use of the material thus recorded shall be limited solely to the purposes originally stated for its recording.

Chapter 10

Final provisions

1. The standards with regard to persons employed in the treatment facility have the force of internal regulations with which they are obliged to comply.
2. The standards enter into force on the date of their promulgation. The standards shall be promulgated by publishing them in the form set out in Standard 1 Chapter 6.
3. The head of the treatment entity shall have the authority to amend the standards. The amended standards shall come into force on the date of their promulgation in the manner set out in standard 1 Chapter 6.