Policy on the protection of children and young people

I. PREAMBLE

As a private healthcare facility, the Dialog Therapy Centre provides psychological, psychotherapeutic and psychiatric support to patients, including an ever-growing group of children and young people who come to us in the hope of receiving help. The aim of the Dialog Therapy Centre is to provide the best possible care and support, based on the latest medical and psychotherapeutic knowledge, whilst maintaining the highest possible standards of service. Safeguarding the welfare, ensuring the safety and protecting all children and young people who use our services from harm is a priority for the Dialog Therapy Centre. We will take all reasonable steps to promote safe practices and behaviours and to protect children and young people from harm, abuse and exploitation. Staff at the Dialog Therapy Centre work together to create an environment that respects the rights of children, young people and adults within the framework of the services we provide, as well as during organised events, meetings, training sessions and workshops, and in the materials and content we publish.

II. DEFINITIONS

1. Children and young people – those under the age of 18.
2. Employee – any person working with the Dialog Therapy Centre, regardless of their form of employment.
3. Child abuse – the commission of a prohibited act to the detriment of a child by any person, as well as any threat to the child’s welfare, including neglect by carers. Child abuse is understood to mean, in particular:
   a. Physical abuse – the deliberate infliction of bodily harm, causing pain or threatening to cause bodily harm. Physical abuse may result in fractures, bruises, cuts, burns or external injuries.
   b. Psychological or emotional abuse – repeated humiliation, belittling and ridiculing of the child; involving the child in conflicts between adults; manipulation; a lack of adequate support or attention, and placing demands and expectations on the child that they are unable to meet due to their physical or mental condition.
   c. Sexual exploitation of a child – involving a child in sexual activity, which they are unable to fully understand or to give informed consent to, and/or for which they are not developmentally mature enough to consent in a legally valid manner, and/or which is contrary to the legal or moral norms of the society in question. Sexual exploitation occurs when such activity takes place between a child and an adult or between a child and another child, if these individuals, due to their age or stage of development, are in a relationship of care or dependency.
   d. Neglect – the failure by a parent or legal guardian to meet a child’s basic material and emotional needs; the failure to provide the child with adequate food, clothing, shelter, medical care and safety; and the failure to supervise the child’s attendance at school.
4. Legal intervention – reporting to the police or the public prosecutor’s office a suspected offence against a child, or notifying the relevant district court’s family and juvenile division of a threat to a child’s welfare.
5. A parent – the legal representative of a child under their parental authority. If a child is under the parental authority of both parents, either parent may act independently as the child’s legal representative.
6. Legal guardian – a person who takes on the role of the parents and fulfils all the duties they have towards the child. A legal representative may carry out legal acts on behalf of the child and is responsible for protecting the child’s legal, personal and financial interests.

III. GENERAL PRINCIPLES

The amendment to the Family and Guardianship Code (Journal of Laws, item 1606) set out the conditions for the effective protection of minors against various forms of violence. The changes introduced highlight the need to develop clear and consistent standards of conduct in situations where child abuse is suspected or has occurred. The “Standards for the Protection of Minors” are one element of a systemic approach to protecting children and young people from harm and serve to safeguard their rights. They should be regarded as one of the tools that strengthen and facilitate more effective protection of underage patients against harm, as well as the identification of signs of harm and violence.

The Dialog Therapy Centre undertakes to:

1. To provide care for children and young people in accordance with the highest possible standards and the most up-to-date medical knowledge.
2. To ensure the highest possible level of protection against harm for all children and young people, regardless of age, gender, degree of disability, socio-economic status, background, religious beliefs, gender identity, psychosexual orientation and other grounds.
3. To act in accordance with the applicable statutory requirements and guidelines on child protection, including verifying that individuals working directly with children and young people at the Dialog Therapy Centre are not listed in the Register of Sex Offenders in accordance with the provisions of the Act of 13 May 2016 on countering the risks of sexual offences.
4. We assure you that the Dialog Therapy Centre does not work with anyone who violates the rights of children and young people. Individuals who may pose a threat to the safety of children and young people are not, and will not be, employed.
5. To ensure that children and young people, as well as parents, legal guardians and staff with access to the Dialog Therapy Centre’s Child and Young Person Protection Policy, as well as ensuring that this policy is understandable to them, and supporting those who decide to report breaches of it.
6. To ensure the safety of children and young people at the Dialogue Therapy Centre’s facilities and during the events we organise.
7. To ensure that the materials and content published by the Dialog Therapy Centre are suitable for children and young people.
8. Appointing a person to support staff in implementing this policy.
9. To monitor compliance with the provisions of this policy within the Dialog Therapy Centre.
10. To update this policy on a regular basis.

Taking the above principles into account, this document therefore sets out standards for the protection of minors, constituting a set of rules and procedures to be followed in situations where their safety is at risk. Its primary aim is to protect minors from various forms of violence and to foster a safe and welcoming environment at the Dialog Therapy Centre.

The Child and Young Person Protection Policy comprises four standards:

• Standard I: Policy.
• Standard II: Staff.
• Standard III: Procedures.
• Standard IV: Monitoring.

IV. STANDARD I – POLICY

• The Dialog Therapy Centre has drawn up and implemented a Child and Young Person Protection Policy.
• The standards apply to all staff (medical, psychological and administrative staff).
• The policy has been approved by the management board of the Dialog Therapy Centre, and the Medical Director is responsible for its implementation and supervision.
• The Medical Director has appointed a person to be responsible for monitoring the implementation of the Policy.
• The Child and Young Person Protection Policy sets out the following clearly and comprehensively:
  • Guidelines for the safe recruitment of staff (Appendix 1).
  • Procedures for responding to suspected cases of child abuse and rules for maintaining a record of interventions (Appendix 2).
  • Guidelines for safe staff-child relationships (Appendix 3).
  • Rules on the protection of children’s personal data (Appendix 4).
  • Guidelines for the safe use of the internet and electronic media.
  • Rules governing the review and updating of standards, and the method of documentation (Appendix 5).
• The policy is available to anyone interested at any reception desk at the Dialog Therapy Centre; it is also widely publicised amongst all staff, and is available in electronic form on the staff intranet and via internal electronic communication channels.

Recruitment policies for staff (employees/trainees/interns)

The recruitment of staff at the facilities is carried out in accordance with the principles of safe staff recruitment. These principles are set out in Annex 1 to this Policy.

Identifying and responding to risk factors for child abuse, and procedures for intervention in cases of suspected child abuse

Staff at the facilities possess the necessary knowledge and, as part of their duties, remain alert to risk factors for child harm. The guidelines form Annex 2 to this Policy. Should any risk factors be identified, staff members at the facility shall take appropriate action: a discussion with the patient and their parents or legal guardians, providing information on the support available, and, where the perpetrators of harm are the parents or legal guardians, notifying the relevant authorities.

1. If a member of staff suspects that a child is being harmed, they are obliged to take the actions set out in Appendix 2, to draw up an official memo (in the case of administrative staff) or to record this information in the patient’s medical records (medical and psychological staff), and then pass this information on to the Medical Director.
2. The Medical Director draws up a report on the situation and enters it in the Register of Notifications.
3. The staff member conducting the assessment of the child initiates the ‘Blue Card’ procedure in accordance with Annex 2. If the staff member is not authorised to initiate the procedure, they shall act in accordance with Annex 2.
4. The next steps in the proceedings fall within the remit of the relevant authorities, including the police, the Municipal Social Welfare Centre (MOPR) and the Public Prosecutor’s Office.
5. All staff at the Dialog Therapy Centre and any other persons who, in the course of their professional duties, become aware of child abuse or related information, are obliged to keep such information confidential, except for information disclosed to authorised bodies as part of intervention measures.

Guidelines for safe interactions between staff and children

The overarching principle guiding all interactions undertaken by staff is to act in the child’s best interests. Staff treat children with respect and take their dignity and needs into account. Violence against children in any form is unacceptable. In pursuing these objectives, staff act within the framework of applicable law, the institution’s internal regulations and their own remit. The principles governing safe staff-child relationships apply to all employees and trainees. Staff are familiar with and apply the principles of safe staff-child relationships established at the Dialog Therapy Centre. These
principles form Annex 3 to this Policy.

Policy on the protection of children’s personal data at the centre

1. The Dialog Therapy Centre ensures the highest standards of protection for children’s personal data in accordance with the applicable legislation.
2. The centre, recognising the child’s right to privacy and the protection of personal rights, ensures the protection of the child’s personal and medical data.
3. We ensure the security of children’s personal data by: a. Obtaining written consent from parents/legal guardians for the child’s examination. b. Ensuring the security of children’s medical records by using effective technological safeguards, as well as procedures designed to protect medical records from unauthorised access. c. Disclosing a child’s medical records only to those authorised to receive them in accordance with applicable legislation.

Guidelines for the safe use of the internet and electronic media

1. Children are not permitted to use mobile phones, laptops, tablets or other electronic devices – such as cameras, voice recorders, digital cameras and music players – at the Dialogue Therapy Centre’s facilities.
2. Children who bring mobile phones and electronic devices to the centre do so at the responsibility of their parents or legal guardians.
3. The Dialog Therapy Centre accepts no liability for the loss or damage of equipment brought in by children.
4. Filming, photography and audio recording on any digital media are prohibited on the premises of the Dialog Therapy Centre, unless this is necessary for medical reasons and has been recommended by a member of the medical staff.
5. The Dialog Therapy Centre is obliged to take measures to protect children from easy access to online content that may jeopardise their healthy development; the term ‘harmful content and online threats’ is understood to mean: a. Content that is harmful, prohibited, illegal and hazardous to health (pornography, content containing violence, promoting activities harmful to children’s health and lives, popularising unlawful activities, inciting self-harm or suicide, or the use of drugs). b. Various forms of cyberbullying, e.g. harassment, intimidation, blackmail via the internet, the publication or distribution of humiliating or compromising information, photographs or videos via the internet, and impersonating someone online against their will.
6. Basic measures to protect children from accessing harmful content and online threats: a. Access to computers at the Dialog Therapy Centre is restricted and available only to authorised persons who log in to their personal accounts using individual usernames and passwords. b. Regular updates to the antivirus software and firewall.
7. Taking action in every instance where cyberbullying is reported or suspected, or where dangerous content is identified.

Rules governing the review and updating of standards, and the method of documentation

The guidelines for training staff in the application of the standards, as well as the guidelines for updating them, are set out in Annex 5.

Final provisions

This Policy comes into force on 1 August 2024. It is publicised in a manner accessible to the staff of the Dialog Therapy Centre, parents and children, in particular by ensuring access to this Policy at every Dialogue Therapy Centre branch, as well as by sending the text electronically to all staff at the Dialogue Therapy Centre, and by providing a copy of the document to employees who are starting work with us.

V. STANDARD II – STAFF

1. As part of the recruitment process for staff working with children and young people, candidates’ suitability for working with children is assessed and their qualifications are verified (Appendix 1).
2. The Dialog Therapy Centre has obtained, for each member of staff working with children and young people, data from the Register of Sex Offenders and information from the National Criminal Register regarding specific offences or, in cases specified by law, declarations of no criminal record.
3. Guidelines have been set out for safe interactions between all staff and children (Appendix 2).
4. The Dialog Therapy Centre has appointed a person responsible for preparing staff to implement the standards; this person is the Medical Director of the Dialog Therapy Centre.
5. The Dialog Therapy Centre provides its staff with basic training on the application of standards and on helping children in situations of risk, covering: a. Recognising the signs of child abuse. b. Intervention procedures in cases of suspected abuse. c. The legal responsibilities of staff obliged to intervene. d. The ‘Blue Card’ procedure.

VI. STANDARD III – PROCEDURES

The Dialog Therapy Centre has drawn up procedures which set out, step by step, what action should be taken in the event of a child being harmed or their safety being at risk:

• Guidelines for the safe recruitment of staff (Appendix 1).
• Procedures for responding to suspected cases of child abuse and rules for maintaining a record of interventions (Appendix 2).
• Guidelines for safe staff-child relationships (Appendix 3).
• Guidelines for the safe use of the internet and electronic media.
• Rules on the protection of children’s personal data (Appendix 4).
• Rules governing the review and updating of standards, and the method of documentation (Appendix 5).

The Dialog Therapy Centre holds contact details for local institutions and organisations that deal with intervention and support in cases of child abuse (the police, the family court, the social services centre) and ensures that all staff have access to them.

Information for children on where to find help in difficult situations, including the numbers of free helplines for children and young people. The law prohibits the use of violence and harming your loved ones. If you or someone close to you is experiencing domestic violence, do not be ashamed to ask for help. Call the police by dialling the emergency number 112. The law is on your side! You have the right to report a crime involving domestic violence to the Public Prosecutor’s Office or the police. You can also seek help from organisations and agencies working to combat domestic violence. You can call:

• The National Helpline for Victims of Domestic Violence ‘Niebieska Linia’
  • Telephone: 800 12 00 02 (24-hour, freephone line).
  • Email: niebieskalinia@niebieskalinia.info.
  • Skype: emergency.blue.line.
• • Telephone: (22) 666 28 50 (chargeable line, open on Mondays and Tuesdays from 5.00 pm to 9.00 pm).
  Legal Advice Service
• National Helpline for Victims
  • Telephone: 222 309 900 (24-hour helpline).
• Police Helpline for Victims of Domestic Violence
  • Telephone: 800 120 226 (freephone number, open daily from 9.30 am to 3.30 pm).
• Helpline for Children and Young People
  • Telephone: 116 111 (a 24-hour, freephone helpline).
• The Children’s Helpline run by the Patient Ombudsman
  • Telephone: 800 12 12 12 (24-hour, freephone line).

VII. STANDARD IV – MONITORING

1. The Medical Director of the Dialog Therapy Centre has appointed a team responsible for the Child and Young Person Protection Policy at the centres.
2. The persons referred to in point 1 are responsible for monitoring the implementation of the Policy, for responding to reports of breaches of the Policy, and for proposing amendments to the Policy.
3. The Medical Director reviews this Policy once every 12 months to assess whether it remains up to date and, where necessary, updates its provisions, informing staff accordingly.

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Appendix 1 – Rules governing the employment of staff and the authorisation of other persons to have contact with children and young people

1. Before entering into a working relationship with a candidate who will be working directly with minors, regardless of the form of employment or its duration, the Dialog Therapy Centre: a. obtain from the candidate a certificate from the National Criminal Register concerning offences specified in Chapters XIX and XXV of the Criminal Code, in Articles 189a and 207 of the Criminal Code, and in the Act of 29 July 2005 on combating drug addiction (Journal of Laws of 2023, item 172, and of 2022, item 2600), or for prohibited acts corresponding to these offences as defined in the laws of foreign states. b. verifies information from the Register of Sex Offenders, to which access is restricted, and records this fact in the documentation relating to the cooperation.
2. Where a candidate is to be employed or permitted to have contact with children, and that person holds the nationality of another country, they are required to provide, prior to employment or being permitted to have contact with children, information from the criminal records of the country of which they are a national, obtained for the purposes of professional activities involving contact with children.
3. Where the law of the country from which the information referred to in point 2 is to be provided does not provide for the possibility of drawing up such information, or where no criminal record is kept in that country, the employee shall provide the employer with a declaration to that effect, together with a declaration that they have not been finally convicted in that country of offences corresponding to the crimes set out in Chapters XIX and XXV of the Criminal Code, under Articles 189a and 207 of the Criminal Code and the Act of 29 July 2005 on Combating Drug Addiction, and that there is no other judgement finding that they have committed such offences.
4. The declarations referred to in point 3 are made under penalty of criminal liability for making a false declaration. The person making the declaration is obliged to include the following clause in it: ‘I am aware of the criminal liability for making a false declaration’.
5. Before commencing employment or being permitted to have contact with children, new staff members are required to familiarise themselves with: a. the Child and Young Person Protection Policy. b. the security principles governing the processing of personal data.

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Appendix 2 – Identifying and responding to risk factors for child harm, and procedures for intervention in cases of suspected child harm

Child abuse is identified through:

• A child reporting domestic violence.
• Information from a person who was a direct witness to the violence.
• An analysis of the signs of abuse observed in a child.
• An assessment of the level of risk of violence occurring within a particular family.

Explanatory memorandum for the initiation of the ‘Blue Card’ procedure

The Act on Combating Domestic Violence and the Regulation on the ‘Blue Card’ procedure, on the one hand, impose a duty on healthcare professionals to respond to any instance of violence against a child. On the other hand, they provide an opportunity for effective interdisciplinary cooperation to assist and protect the child and their family. By initiating the ‘Blue Card’ procedure, a healthcare professional (doctor, psychologist, psychotherapist) is given the opportunity to participate in a working group comprising representatives from other services as well. Initiating the ‘Blue Card’ procedure does not require the consent of the person affected by domestic violence, nor is confirmation or verification of the validity of the suspicion required – this takes place at a later stage and is carried out by an interdisciplinary team. To initiate the procedure, the healthcare professional completes Part A of the ‘Blue Card’ – if, for any reason (lack of response, lack of cooperation, lack of the patient’s consent, absence of the perpetrator, etc.) the healthcare professional is unable to complete the form, ‘not applicable’ is noted in the relevant section. In section XXI of the ‘Blue Card’, a note may be added regarding the patient’s lack of consent or limited cooperation. The completed ‘Blue Card’ must be submitted within 7 days to the MOPR corresponding to the patient’s place of residence. The fact of disclosure is not subject to credibility assessment by the staff member – it requires action to be taken.

THE ‘BLUE CARD’ PROCEDURE

Suspected violence – a guide for doctors, psychologists and psychotherapists

1. Initial assessment of the situation – including taking a history, examining the injuries, determining whether, for example, marks on the body are caused by accidental or non-accidental injuries, and checking that the history is consistent with the injuries.
2. If a child has come in with a potential perpetrator, the examination should not be carried out in the perpetrator’s presence; the potential perpetrator should be asked to leave the consultation room.
3. If it is confirmed that a child is a victim of domestic violence at the hands of their parents or legal guardians, you should call 112 – the child must be taken to hospital and from there directly to support services (either alone, if both parents are the perpetrators, or with a parent who may also be a victim). In such a situation, the ‘Blue Card’ is issued by the A&E doctor.
4. If it is established that a child is a victim of abuse by persons outside the household, the parents (by handing them Part B of the ‘Blue Card’) or their legal guardians, and also complete Part A of the ‘Blue Card’, which must be forwarded to the MOPR responsible for the patient’s place of residence.
5. The Medical Director must be informed of any action taken in relation to a suspected case of child abuse within 24 hours of such action being taken. Reports should be sent to zarzad@terapiadialog.pl.

Suspected violence – procedure for administrative staff

1. Anyone who receives information from an abused child must, as a matter of priority, take steps to stop the abuse – if the child’s life is at risk, the relevant emergency services must be notified immediately – the Police, and, if necessary, – the Ambulance Service.
2. As part of the procedure, a police officer provides the necessary assistance to a victim of violence, including access to medical care, takes steps to protect life, health and property, secures traces and evidence of the offence, and takes action to prevent any further risks that may arise within the family – if a child is referred by the police or the emergency services to the A&E department, the A&E doctor issues a ‘Blue Card’.
3. An official report must be drawn up regarding the incident and forwarded to the Medical Director within 24 hours at zarzad@terapiadialog.pl.
4. The Medical Director enters the incident in the Incident Register.

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Appendix 3 – Guidelines for safe interactions between staff and children

General rules: Staff ensure the safety of children whilst they are at the Dialog Therapy Centre’s facilities. The rules governing safe interactions between staff and children apply to all staff members.

Communication that builds good relationships with children Staff:

1. When communicating with children, she remains calm, patient and respectful, and shows understanding towards the children’s difficulties and problems.
2. They are alert to, and respond to, any inappropriate, offensive or discriminatory behaviour or language directed at children.
3. It gives the child the right to feel and talk about their emotions, to express their own opinions, and to be listened to by the staff.
4. It does not embarrass, humiliate, belittle or insult children.
5. He does not undermine the child’s dignity, either in word or deed.
6. He avoids making statements that are prescriptive, overly moralising or critical. He does not point out the children’s mistakes in a way that hurts them.
7. He does not respond with meanness or sarcasm towards children. He does not make fun of children in a way that undermines their self-esteem.
8. She listens carefully to the children, gives them answers appropriate to their age and the situation, and communicates in a way that the children can understand.
9. He does not raise his voice at the child except in situations where the safety of the child or other children is at risk.
10. He does not use any form of violence against the child.
11. They do not contact the children outside working hours, and any contact should be limited to matters falling within the scope of the staff’s duties.
12. They do not engage in private conversations with children on social media, do not post comments, and do not share photographs featuring a child.
13. They explain to the child the medical procedures being carried out on them in a way that the child can understand and find accessible.
14. In the case of children aged 16 or over, medical staff must obtain the child’s informed consent to the provision of medical treatment. Consent may be given by the child either verbally or in writing.

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Appendix 4 – Rules on the protection of children’s personal data

1. The GDPR documentation at the Dialog Therapy Centre has been drawn up in accordance with the requirements of Regulation (EU) No 2016/679 of the European Parliament and of the Council (EU) No 2016/679 of 27 April 2016 on the protection of natural persons 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) (Official Journal of the EU L of 2016 No. 119, p. 1, as amended) and the Act of 10 May 2018 on the protection of personal data, taking into account the following principles: a. The principles of lawfulness, fairness and transparency. b. The principles of purpose limitation. c. The principle of data minimisation. d. The principle of data accuracy. e. The principles of storage limitation. f. The principles of data integrity and confidentiality. g. The principle of accountability.
2. Persons authorised to process children’s personal data are authorised to do so pursuant to Articles 6 and 9 of the GDPR.
3. The Dialog Therapy Centre has implemented appropriate technical and organisational measures to ensure the security of personal data.
4. Personal data relating to minors is disclosed only to entities authorised to obtain such data under the Act of 6 November 2008 on Patients’ Rights and the Patients’ Rights Ombudsman.
5. The personal data contained in Part A of the ‘Blue Card’ is made available to an interdisciplinary team established in accordance with the Act of 9 March 2023 amending the Act on Combating Domestic Violence.
6. In accordance with current legislation, patients’ medical records are kept for a period of 20 years from the date they are created. In the case of children under the age of 2, medical records are kept for 22 years.

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Appendix 5 – Rules for the review and updating of standards and the method of documentation

Any changes to the content of this Policy are implemented on the basis of these findings.

The Medical Director of the Dialog Therapy Centre assesses, on an ongoing basis, the level of awareness of and compliance with the Child and Young Person Protection Policy.

In the event of changes to the law requiring their incorporation into the document, amendments are made in accordance with the same rules that applied when the document was first introduced for legal use in the establishments.

In order to assess the functionality and usefulness of the document, evaluations are carried out in the institutions as follows: a. Whilst the Policy is being used and implemented. b. Once every 12 months.

The evaluation is carried out by the management board of the Dialog Therapy Centre using the following techniques: a. Policy analysis. b. Analysis of reports from staff members. c. Analysis of reports from children and their parents or legal guardians. d. Analysis of changes to current legislation that may potentially affect the content of this Policy.

The conclusions and recommendations are discussed by the management board of the Dialog Therapy Centre, which includes the Medical Director.