1. Preamble
Considering the obligation arising from the Act of May 13, 2016, on preventing threats related to sexual crimes and the protection of minors, to implement standards for entities providing hotel and tourist services, as well as those operating other collective accommodation facilities, in a manner necessary to ensure the protection of minors and recognizing the significant role of business in ensuring the respect for children’s rights, especially their right to protection of dignity and freedom from all forms of harm, the Recreation Center „U Stolema” adopts this document as a model for standards, principles, and procedures in the case of suspected harm to a child staying at the facility and to prevent such threats.
2. General Provisions
- “U Stolema” conducts its operations with the utmost respect for human rights, particularly children’s rights, as children are particularly vulnerable to harm.
- “U Stolema” recognizes its role in conducting socially responsible business and promoting desirable social behaviors.
- “U Stolema” particularly emphasizes the legal and social obligation to report any suspicion of a crime against a child to the authorities and commits to training its staff in this regard.
- “U Stolema” is committed to educating its staff about the circumstances that may indicate a child staying at the facility may be harmed and about the proper and prompt ways to respond to such situations.
3. Definitions
- Child – any person under the age of 18.
- Child Abuse – the commission of a prohibited or criminal act against a child by any person, including staff members, or the threat to the child’s well-being, including neglect. Crimes that can be committed against children are those that can be committed against adults, as well as crimes that can be committed exclusively against children (e.g., sexual exploitation under Article 200 of the Penal Code). Due to the nature of tourist facilities, where isolation can easily be achieved, crimes that are most likely to occur in such settings are crimes against sexual freedom and decency, particularly rape (Article 197 of the Penal Code), sexual exploitation of a person’s incapacity or helplessness (Article 198 of the Penal Code), sexual exploitation of a dependent or critical situation (Article 199 of the Penal Code), sexual exploitation of a person under the age of 15 (Article 200 of the Penal Code), grooming (seduction of a minor through communication means – Article 200a of the Penal Code).
- Guardian of the Child – the person authorized to represent the child, particularly the child’s parent or legal guardian. In accordance with the Standards, a guardian also refers to a foster parent.
- Staff – a person employed at the Recreation Center „U Stolema” based on an employment contract or a civil law contract.
4. Principles for Identifying a Child Staying at the Recreation Center „U Stolema” and Its Relationship with the Adult Accompanying the Child
When admitting a child to stay at „U Stolema”, whenever possible, the child and their relationship with the accompanying adult should be identified.
Identification of the child by the reception staff is mandatory in unusual and suspicious situations that indicate a risk of harm to the child.
To identify the child and their relationship with the accompanying adult, the following should be done:
- Ask for the child’s identity and the relationship of the child with the adult accompanying them to the facility. If necessary, request identification documents of the child or another document confirming that the adult has the right to care for the child (e.g., birth certificate, court decision). If no identification document is available, ask for the child’s details (name, surname, address, PESEL number).
- If there is no document confirming the relationship between the child and the adult, ask both the adult and the child about their relationship.
- If the adult is not the child’s guardian, ask if they have a document confirming the consent of the child’s guardians for the adult to travel with the child (e.g., written consent from at least one of the child’s parents/legal guardians).
- If the adult does not have a document confirming the guardians’ consent, request the phone number of the guardians to call and confirm the child’s stay at the facility with the adult’s knowledge and consent.
If the adult refuses to provide the child’s document or disclose the relationship, explain that this procedure is designed to ensure the safety of children at the Recreation Center „U Stolema” and is mandated by applicable law.
If the conversation does not dispel doubts regarding the adult’s intentions to harm the child, discreetly inform a supervisor. To avoid raising suspicions, one can ask the adult to wait with the child in the lobby, restaurant, or another area.
From the moment concerns arise, both the child and the adult should be under constant observation by the staff and not be left alone.
A supervisor decides whether to notify the police or, in case of doubt, takes over the conversation with the suspicious adult to obtain further clarification.
If the conversation confirms suspicion of an attempt or commission of a crime against the child, the supervisor notifies the police. The rules for addressing circumstances indicating harm to a child should then be followed.
If staff from other departments (e.g., housekeeping, room service, restaurant workers) witness unusual or suspicious situations, they should immediately inform their supervisors, who will decide on the appropriate actions.
5. Procedures and Principles for Responding to Justified Suspicions of Harm to a Child at the Recreation Center „U Stolema”
Staff are trained to recognize risk factors and signs of child abuse.
Staff are obligated to immediately report any suspicion of child abuse to their superiors.
The intervention is led by management, who may designate someone else for the task, unless the staff’s actions are sufficient.
Justified suspicion of child abuse occurs when:
- The child discloses being harmed,
- The staff observes signs of abuse,
- The child shows signs of abuse (e.g., scratches, bruises) and responds inconsistently or chaotically or appears uncomfortable, or other circumstances suggest harm (e.g., discovery of pornography involving children in the adult’s room),
- The child’s guardian or a third party reports the abuse.
In case of suspicion of abuse by another child (e.g., during group activities), the staff should conduct separate conversations with the suspected child (with the child’s guardian present if possible), the abused child (with the child’s guardian present if possible), and the child’s guardian.
If there is suspicion of violence, sexual exploitation, or life-threatening situations caused by another child, the intervening staff must file a report on the potential commission of a crime.
If abuse is suspected by the child’s guardian or accompanying adult in the form of:
- Physical violence with harm, sexual exploitation, or life-threatening situations, staff are obligated to ensure the child’s safety, separate the child from the suspected abuser, and contact the police at 112 or 997.
- Other crimes, the intervening staff must report the crime to the police or the prosecutor’s office.
- One-time instances of physical violence (e.g., spanking, pushing, shoving), psychological abuse (e.g., humiliation, discrimination, ridicule), or other concerning behaviors (e.g., shouting, inappropriate comments), the staff must ensure the child’s safety, talk to the guardian about the suspicions, and if the violence is repeated, report it to the relevant social services, and file a request with the family court for a review of the family’s situation.
In suspected abuse cases, the child and the suspected abuser should not be allowed to leave the facility.
In justified cases, a citizen’s arrest can be made. Until the police arrive, the person should be supervised by two staff members in a separate room, out of sight of other guests.
In every case, the child’s safety should be ensured, and the child should remain under staff supervision until the police arrive.
If there is a justified suspicion that a crime has been committed involving bodily fluids from the perpetrator (e.g., semen, saliva, skin), efforts should be made to prevent the child from washing or eating/drinking until the police arrive.
After the police take the child, the staff should secure any relevant evidence (e.g., monitoring footage, documents) and provide it to the prosecutor or police as requested.
The staff and the intervening person must prepare a report of the incident and the actions taken, either in written or email form.
6. Hiring People to Work with Children
If the Recreation Center „U Stolema” organizes activities, such as a children’s play area or other recreational forms, during which children are without the supervision of parents or legal guardians, the following procedures will be implemented:
- All staff working with children must be safe for them, meaning their employment history should indicate they have never harmed a child.
- Staff hired for activities involving children, where the children are unaccompanied by parents or legal guardians, must be checked against the Register of Sex Offenders. The person’s search results in the register should be printed and added to their personnel file. This check must be repeated annually.
- Staff hired to work with children must submit a statement confirming that they have no criminal record and are not involved in proceedings related to offenses against children.
7. Principles Ensuring Safe Relationships Between Staff and Children
The primary principle for all actions undertaken by staff is to act in the best interests of the child.
Staff must treat the child with respect, considering their dignity and needs. Using violence in any form is unacceptable.
Staff are required to maintain professional relationships with children and always assess whether their response, message, or actions towards the child are appropriate, safe, justified, and fair to other children.
Staff must not shame, humiliate, disregard, or insult the child. Yelling at the child is prohibited except in situations concerning the child’s or others’ safety.
Revealing sensitive information about the child to unauthorized persons, including other children, is prohibited.
Staff must assure children that if they feel uncomfortable in a situation, due to specific behaviors or words, they can tell the staff and expect appropriate action and/or help.
Offering children alcohol, tobacco, or illegal substances is prohibited, as well as using them in the presence of children.
Any violent action against a child is unacceptable.
Contact with children should only occur during working hours and for purposes related to the staff’s responsibilities. Staff should not invite children to their homes or meet them outside working hours, including through private communication channels (private phones, emails, social media).
8. Final Provisions
The policy comes into effect on February 15, 2024.