The so-called Kamilka Act of July 28, 2023 amended many legal acts: the Code of Civil Procedure, the Code of Criminal Procedure, the Act on Combating Domestic Violence and the Act on Combating the Threat of Sexual Crime.
One of the changes is the requirement for some companies and institutions to have rules for the protection of minors. This provision came into force on February 15, 2024, but a transitional period is foreseen for the adaptation of activities to the law. It expired on August 15, 2024.
The standards included, among others: developing and introducing clear action paths in case of suspected child abuse as a result of staff violence, domestic or peer violence and prohibited behaviour towards minors, establishing rules for the use of electronic devices with internet access and procedures for providing support after reporting abuse. The Child Protection Team established under the provisions of this Act, which operates within the Ministry of Justice, has prepared materials to help develop standards. They are available on the ministry’s website.
In an interview with PAP, Judge Agnieszka Matysek, from the Department of Family and Youth Affairs of the Ministry of Justice, explained that “the intervention procedure included in the child protection rules must be based on the provisions already in force”.
“Article 572 of the Family and Guardianship Code provides for the obligation to notify the guardianship court when the child’s well-being is at risk. In turn, Article 12 of the Law on Combating Domestic Violence states that persons who, in connection with the performance of their official or professional duties, are suspected of committing a crime involving domestic violence prosecuted ex officio, must immediately notify the police or the public prosecutor’s office. In addition, in the event that a child suffers violence at home, they must consider initiating legal action or notify the competent institutions about the appropriateness of using the Blue Card procedure. Currently, it can be initiated, for example, by a teacher or a medical educator,” Judge Matysek said.
The rules must also take into account the situation of children with disabilities and special educational needs. The managing authorities of educational, welfare, rehabilitation, religious, artistic, medical, recreational, sporting or other interest entities are required to assess, at least every two years, whether it is necessary to adapt the rules to current needs and applicable regulations.
According to the Ministry of Justice, both the Catholic Church, schools and parts of the hospitality industry, especially large leisure centres, have coped well with the introduction of new solutions. “In many schools, kindergartens and nurseries, the rules existed before they became mandatory,” the expert noted.
The introduction of standards will be monitored. Failure to comply with this standard constitutes a first-time offence punishable by a reprimand or a fine of PLN 250. If failure to comply with the obligation is found again, the fine will increase to PLN 1,000.
Judge Matysek pointed out that the “Kamilek Act” also made other changes – “Article 21 of the Act on Combating Threats of Sexual Crimes, concerning the verification of criminal records, was also changed, separate from the norms.”
“As of October 1, 2017, Article 21 of the Sexual Crime Threat Combat Act stated that before establishing an employment relationship with a given person or before allowing him or her to engage in activities related to the upbringing, education, recreation, treatment of minors or caring for them, employers or persons authorizing the activity were obliged to check whether the person’s data was included in the sex offenders’ register with limited access,” the judge recalled.
The 2019 amendment added the need to verify the information contained in the register of persons in respect of whom the State Commission for Combating Sexual Abuse of Minors under 15 years of age issued a decision on entry into the register. However, in 2023, as Judge Matysek explained, the provision of psychological counseling, sports, spiritual development, i.e. activities carried out in all religious and church units, and the development of the interests of minors, for example, in interest groups, music clubs, were also added. the previous catalogue of activities, etc.
In addition, persons entering into an employment contract or being hired to undertake activities listed in Article 21 of the Act are required to provide information on criminal records relating to offences that should exclude employees from working with children. The determination of who is required to provide information on criminal records is based on the same principles as the determination of who should be checked in the restricted access register.
The judge highlighted that the discussion on the scope of the obligations arising from art. 21 leads to the conclusion that “until the 2023 amendment, the law in force since 2017 was not applied as it should have been”. “Otherwise, today, after almost 7 years of validity of article 21 of the Law, it would not be problematic to determine who should be verified, because the mechanism of this verification has not changed”, she said.
“The amendment gave us tools to mobilize various entities to comply with the provisions of the Law, because it introduced a control mechanism,” the judge noted. She added that the law also provides for penalties, although the crime of failure to verify the Limited Access Register has existed since 2017.
“Criminal record checks are an element of risk assessment and exist in many other countries. The change was necessary because only certain crimes against sexual freedom and decency are included in the Restricted Access Register. An employee has been convicted, for example, of intimidation, human trafficking or assault,” explained Judge Matysek.
The provisions concerning the representation of a child under parental authority whom neither parent can represent have also been changed. The guardianship court now appoints the child’s representative (previously it was the guardian). A lawyer or legal adviser with specific knowledge of children’s affairs may be appointed to represent the child in criminal proceedings.
The amendment supplements the provisions on the hearing of a child if his or her mental development, state of health and level of maturity permit it. The hearing may only take place with the child’s consent and only once during the proceedings, unless significant circumstances are revealed that require the child to be heard again.
The amendment to the Law also provides for the analysis of serious and fatal cases of child abuse. Therefore, the Ministry of Justice created a Team for the Analysis of Events that resulted in death or serious harm to the health of the minor.
In addition, the provisions obliging judges to undergo training in children’s cases have been expanded, including: specifying the minimum duration of such training. The system of control over institutions obliged to implement standards for the protection of minors has also been strengthened.
The bill was introduced to the Sejm in May 2023, following the tragic death of eight-year-old Kamilek from Częstochowa, who was tortured to death by his stepfather. The child died on May 8 this year, after 35 days of doctors fighting for his life. The boy had previously been repeatedly abused by his stepfather, 27-year-old Dawid B. The man was particularly cruel to the child.
Kamilek’s mother, Magdalena B., 35, knew what her husband was doing, but did not try to stop him. Kamilek ran away from home many times. According to the doctors who treated him in the last days of his life, the boy had already been neglected and malnourished. If it weren’t for that, he would have had a chance to survive. (PAP)
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