Standards for the protection of minors

– Dynasty Stomatology sp. z o. o. –

Chapter 1 General provisions

§ 1

Dynasty Stomatology sp. z o.o. (hereinafter referred to as the Medical Entity) is a medical entity that, when performing medical activities, implements a policy of counteracting the threat of sexual crimes and protecting minors.
These standards for the protection of minors (hereinafter referred to as the Standards), established pursuant to Art. 22b item 2) of the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors (consolidated text: Journal of Laws 2024, item 560, of 2024/04/12, hereinafter referred to as the Act), specify in particular:
1. rules ensuring safe relationships between minors and the staff of the Medical Facility, and in particular prohibited behaviour towards minors (Chapter 2);
2. principles and procedure for intervention in the event of suspected abuse or information about abuse of a minor (Chapter 3);
3. procedures and persons responsible for submitting notifications of suspected crimes against minors, notifying the guardianship court and persons responsible for initiating the “Blue Cards” procedure (Chapter 4);
4. principles of review and updating standards (Chapter 4);
5. the scope of competences of the person responsible for preparing the Company’s staff to apply the Standards, the principles of preparing this staff to apply them and the method of documenting this activity (Chapter 5);
6. the principles and method of making the Standards available to parents, legal or actual guardians and minors for the purpose of familiarising themselves with them and applying them (Chapter 6);
7. persons responsible for receiving reports of events threatening minors and providing them with support (Chapter 3);
8. the method of documenting and rules for storing disclosed or reported incidents or events threatening the well-being of a minor (Chapter 3).
9. requirements for safe relationships between minors, in particular prohibited conduct (Chapter 6);
10. rules for using electronic devices with Internet access (Chapter 7);
11. procedures for protecting children from harmful content and threats on the Internet and recorded in other forms (Chapter 7);
12. principles for establishing a support plan for a minor after disclosure of abuse (Chapter 8)
13. principles of protection of the image of a minor (Chapter 9).

§ 2

The standards were developed based on:

Convention on the Rights of the Child adopted by the General Assembly of the United Nations United States on 20 November 1989 (Journal of Laws of 1991, No. 120, item 526, as amended);
Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483, as amended);
Act of 15 April 2011 on medical activity (Journal of Laws 2024, item 799, consolidated text of 2024/05/28);
Act of 25 February 1964, the Family and Guardianship Code (consolidated text: Journal of Laws of 2020, item 1359);
Act of 13 May 2016 on counteracting threats of sexual crimes (consolidated text: Journal of Laws of 2023, item 31, as amended);
Act of 29 July 2005 on counteracting domestic violence (consolidated text: Journal of Laws of 2021, item 1249);
Act of 6 June 1997, the Penal Code (consolidated text: Journal of Laws of 2022, item 1138, as amended);
Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2022, item 1360, as amended);
Regulation (EU) 2016/679 of the European Parliament and of the Council 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) (OJ EU L. of 2016, No. 119, p. 1, as amended);

§3

Whenever this document refers to:

harming a minor – this should be understood as committing a prohibited act or a punishable act (including an indecent act) to the detriment of a minor by any person, including a staff member, or by threatening the well-being of a minor, including through neglect;
minor – this shall be understood as a person who is under 18 years of age;
management – this shall be understood as the manager of the Medical Entity, his deputies, proxies and all persons with decision-making powers in the Medical Entity, regardless of the name of their function;
personnel – this shall be understood as all persons employed, cooperating or providing services in a Medical Entity, for its benefit or on its behalf, who provide health services to minors or participate in the provision of health services to minors or participate in the organisation of the provision of services to minors or may have contact with a minor due to the performance of their professional duties, regardless of their profession, function and legal basis for the provision of health services or the performance of professional duties;
employment – this should be understood as establishing cooperation with any person on the basis of an employment contract, appointment, nomination or civil law contract.

§ 4

To prevent abuse of minors, staff and management shall also take actions specified in the Standards when they observe or become aware of abuse of a minor by third parties or other minors.

Chapter 2 Rules ensuring safe relationships between minors and the staff of the healthcare facility

§ 5

Before employing any person who will provide health services to minors or will participate in providing such services, information should be obtained from the Sex Offender Register as to whether the person is listed on that register.
Before employing a person who will provide healthcare services to minors or participate in their provision, they must be required to provide a current certificate from the National Criminal Register for crimes specified in Chapters XIX (crimes against life and health) and XXV (crimes against sexual freedom) of the Penal Code, Article 189a (human trafficking) and Article 207 (abuse) of the Penal Code and the Act of 29 July 2005 on Counteracting Drug Addiction or for prohibited acts corresponding to these crimes specified in foreign law.
In the case of employing a foreigner, pursuant to the provisions of Article 21, paragraphs 4-8 of the Act, a verification of the foreigner’s criminal record in the country of origin or the country where the person last resided must be conducted, with respect to the offenses indicated in point 2 above or corresponding prohibited acts sanctioned by the law of the given country. The Head of the Medical Facility is also authorized to require the foreigner to submit an appropriate declaration of no criminal record.
Only persons who are not listed in the Register of Sexual Offenders 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 2 above may be employed in the Medical Entity.

§ 6

The basic principle of actions undertaken by the staff and management of the Medical Facility in contacts with minors is to act for their well-being.
Staff members and management:
1. treat minors with respect, maintaining peace and quiet in contact with minors patience and also show understanding for their difficulties, problems and needs;
2. ensure that their patient rights are respected;
3. respect their right to care by their legal representatives or actual guardians;
4. whenever possible, they explain the actions taken and strive to obtain approval for the health services provided;
5. they enable the minor to express his or her opinion and ensure the minor’s right to be heard.

Any person employed in a Healthcare Facility who is aware that a minor has suffered physical, mental or sexual abuse is obliged to exercise particular caution and tact in contacts with that minor.
If a minor’s conduct seeks to establish potentially inappropriate or inappropriate physical contact with a member of staff or management, the staff or management will take appropriate and decisive action, sensitively explaining to the minor the need to maintain the boundaries of the personal space.
To examine a minor patient, the consent of a person authorized in accordance with separate regulations must be obtained, unless these regulations allow action without such consent.
The examination of a minor should be performed in the presence of his or her legal representative or actual guardian, and if this is not possible, in the presence of a member of the staff of the Medical Entity.
Examination of a minor may involve the need to undress the patient, examine him, touch him or penetrate body cavities only in situations with medical justification.
During examination of intimate areas or examinations involving the need to penetrate body cavities, particular tact and moderation should be exercised, and, whenever possible, the need to perform such examinations and their planned course should be explained both to the minor patient and to the legal representative or actual guardian present during the examination.
When examining a minor patient, privacy appropriate to their age, needs and expectations should be ensured.
If staffing is available, examinations of minor patients that interfere with their intimate areas will be performed by a staff member of the same sex.
Staff members are alert to risk factors and signs of child abuse.

§ 7

The Medical Entity has a catalogue of prohibited behaviours towards minors, which includes in particular the prohibitions listed in points 2-8 below.
It is prohibited to use any form of violence against minors (physical, psychological, including verbal), in particular aggressive physical contact, criticism or offensive or discriminatory behaviour.
It is prohibited to touch minors in a way that could be misinterpreted or that goes beyond legitimate medical need.
It is prohibited to present erotic, pornographic or violent content to minors.
It is prohibited to make fun of, humiliate or label minors.
Physical contact with a minor must never be secret or hidden, involve any form of gratification, or result from a relationship of power or authority.
Staff may not contact a minor directly without his or her legal representative.
Staff may not establish contact with minors in any form other than that provided for in 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 3 Rules and procedures for intervention in cases of suspected abuse minor and the person responsible for receiving reports and informing relevant institutions

§ 8

If you observe or become aware of:
1. violence or abuse of a minor – each member of staff or management is obliged to react immediately to stop the prohibited behaviour and ensure the protection of the minor, in particular by isolating him or her from the perpetrator;
2. behaviours that give rise to suspicion of violence or exploitation of a minor – each member of staff or management is obliged to report them to the head of the Medical Facility;
3. violations of the Standards – each member of staff or management is obliged to immediately report suspected violations to the manager of the Medical Facility.

Reports submitted in written or documented form are archived by the head of the healthcare facility. The head of the healthcare facility makes a note of oral reports that is archived. Reports cannot be archived together with other documents, creating a thematically heterogeneous set of documents. The head of the healthcare facility stores reports chronologically for a period of 10 years from the date of submission.
The Manager of the Medical Facility strives to immediately investigate the matter of a report of suspected abuse of a minor by a staff member or management member, or a report of a violation of the Standards, by taking all necessary actions. The Manager of the Medical Facility documents the actions taken. Documents illustrating the Manager of the Medical Facility’s response are archived and attached to the reports to which they pertain.
If a member of staff or management reports suspected abuse of a minor, that person will be immediately removed from all contact with minors until the matter is resolved.
If it is observed that the legal representative of a minor neglects his/her psychophysical needs or the family is ineffective in raising the child, uses violence against the minor or consents to its use, or is unable to cope in another way that harms the minor, appropriate action should be taken.
In the situation described in point 5 above, in the event of:
1. poverty – it is recommended to talk to the minor’s legal representative and inform him/her about support options, in particular about social welfare centers;
2. neglect – it is recommended to provide information about the possibility of psychological support, in particular about helplines, clinics and specialists who accept patients in a given district;
3. violence – it is recommended to initiate the Blue Card procedure in accordance with separate provisions.

If a conversation with a legal representative indicates that they are not interested in helping the minor, ignore the incident or the minor’s psychophysical condition, or otherwise fail to support the minor who has experienced abuse, the head of the healthcare facility prepares a request for insight into the family’s situation, which is then forwarded to the appropriate family court. A copy of the request is archived and attached to the report.
If there is a suspicion that a minor’s health or life is at risk, or if there is reasonable suspicion that a crime has been committed against a minor, the head of the healthcare facility prepares a report of a possible crime and forwards it to the appropriate police or prosecutor’s office. A copy of the report is archived and attached to the report. The minor’s legal representative is also subject to notification, unless they are the suspected perpetrator.
In the medical facility of the Medical Entity, information about nationwide helplines for victims of crime and domestic violence is displayed in the space accessible to patients:
1. nationwide hotline for crime victims +48 222 309 900;
2. Nationwide Emergency Service for Victims of Domestic Violence “Blue Line” 800 120 002;
3. Helpline for Children and Youth 116 111.

Chapter 4 Principles for updating the Standards and the scope of competences of persons responsible for preparing staff members to use them

§ 9

The Head of the Medical Facility reviews the Standards at least every two years to ensure they are aligned with current needs and comply with applicable regulations. The conclusions of this assessment must be documented. Updates to the Standards, if necessary, are made immediately, and the new content is published in the locations and formats designated for them.
Members of staff, management, minors or their legal representatives may submit their comments on the Standards to the head of the Healthcare Entity.
Every member of staff and management is required to familiarize themselves with the Standards. A staff member and management member confirms that they have familiarized themselves with the Standards by submitting a declaration, a template of which is provided below. Annex No. 1 to standards.
The Manager of the Medical Facility may check the knowledge of the Standards among staff and management and organize training in the Standards.

Chapter 5 Rules for disclosure to parents or legal or actual guardians and Standards for minors to become familiar with and apply

§ 10

The standards are a publicly available document and can be found at:
1. in the building of the medical facility of the medical entity on the information board;
2. on the website of the Medical Entity at: dynastystomatology.pl.

Any minor or their legal representative may receive a free copy of the Standards. Please contact the registration staff to request a copy.
Based on the Standards, a shortened version has been developed, containing information relevant to minors. The shortened version of the Standards constitutes Annex No. 2.

Chapter 6 Requirements for safe relationships between minors

§ 11

Minors stay in the medical facility of a healthcare entity under the care of a statutory representative or actual guardian, who is responsible for responding first to inappropriate behaviour of other minors waiting to receive health services, directed at their ward.
If a legal representative or guardian fails to respond to inappropriate behavior by a minor, appropriate intervention will be undertaken by staff. In particular, staff may isolate a minor exhibiting inappropriate behavior or even refuse to provide healthcare services, in cases specified in separate regulations.

Chapter 7 Rules for using electronic devices with access to the Internet and procedures for protecting minors from harmful content and threats on the Internet and recorded in other forms

§ 12

The healthcare entity does not provide its beneficiaries with access to the Internet.
The healthcare facility provides internet access to management and staff. Access to the internet is password-protected and configured to prevent access to the following websites:
1. pornographic or erotic content;
2. depicting images of violence or cruelty towards other people or animals;
3. gambling sites;
4. unmodified chat rooms.

Antivirus software is installed and regularly updated on all computers of the Medical Entity with Internet access.
If a minor uses the internet on the premises of a healthcare facility, they do so only under the supervision and with the consent of their legal representative or guardian, using their own device or a device provided by their legal representative or guardian. The minor is required to turn off or mute their electronic device during the provision of healthcare services.

Chapter 8 Principles for establishing a support plan for a minor after the disclosure of harm

§ 13

After disclosing the abuse of a minor, the head of the Medical Facility establishes a support plan for the minor together with his or her legal representative, unless the legal representative is the perpetrator of the abuse.
Whenever possible, after establishing a support plan, the head of the Medical Facility listens to the minor’s opinion and takes it into account.

Chapter 9 Principles of protecting the image of a minor

§ 14

The image of a minor is protected.
Publication of the image of a minor recorded in any form (i.e. photography, audio-video recording) requires the written consent of the minor’s legal representative.
If the image of a minor constitutes only a detail of a whole, such as a gathering, landscape, or public event, the consent of the legal representative to record the image of the minor is not required.
The image of a minor captured by cameras operated by a healthcare facility pursuant to Article 23a of the Act of 15 April 2011 on Medical Activity is not subject to public disclosure. Its capture does not require the consent of the minor’s legal representative. The use of such captured materials is limited solely to the purposes originally specified for their recording.

Chapter 10 Final provisions

§ 15

The head of the Medical Entity is responsible for the implementation, monitoring of compliance, evaluation of the implementation of the Standards and other tasks specified in the Standards. The Head of the Medical Entity may appoint a representative for the protection of minors who will actually perform all or part of the duties of the Head of the Medical Entity or may entrust the performance of all or part of the duties of the Head of the Medical Entity to another person.
The standards constitute internal legal regulations, and the staff and management of the Medical Entity are obliged to comply with them.
The standards enter into force on August 16, 2023.

Appendix No. 1

___________, on ____________________

DECLARATION OF ACCEPTANCE AND COMMITMENT TO COMPLY

STANDARDS FOR THE PROTECTION OF MINORS IN EFFECT IN

_____________________________________

I, the undersigned ______________________________________ (name and surname), declare that I have become familiar with the “Standards for the Protection of Minors in force in _______________________________ and undertake to comply with them.

______________________________

(signature)

Appendix No. 2