Standards for the Protection of Minors

Standards for the Protection of Minors – Short Version

Pursuant to Article 22b of the Act of May 13, 2016, on the prevention of threats related to sexual crime and the protection of minors, the Director of the Non-Public Kindergarten “Cheeky Monkeys Kindergarten” in Szyce, effective from February 15, 2024, implements the “Standards for the Protection of Minors” (hereinafter referred to as “Standards”). The primary goal of these Standards is to ensure the safety of minors, care for their well-being, consider their needs, and take actions in their best interests.

The fundamental principle of all actions taken by the facility’s staff is to act in the best interest of the child. Staff must treat the child with respect and consider their needs. It is unacceptable for any employee to use any form of violence against a child. In achieving these objectives, staff operate within the framework of applicable law, internal regulations of the facility, and within their competencies.

 

The well-being and safety of children are the priorities in all actions taken by the Kindergarten’s staff. Staff must treat children with respect and consider their needs. In fulfilling the Kindergarten’s mission, staff act in accordance with applicable law, internal regulations, and their competencies. It is unacceptable for any employee of the Kindergarten to use any form of violence against a child.

This system of child protection sets out intervention procedures, preventive and educational measures, rules for preventing harm to children, and, in cases where harm has occurred, outlines principles for mitigating its effects through appropriate and effective assistance to the child. It also specifies the responsibilities of the Kindergarten’s employees for the safety of the children attending the facility.

Areas of Standards for the Protection of Minors from Harm

Standard 1 – The Facility Has Developed, Adopted, and Implemented Standards for the Protection of Minors.

• These Standards apply to all personnel (employees, collaborators, interns, and volunteers at all levels of the facility).
• The governing body of the facility has approved the Standards, and their implementation and supervision are the responsibility of the facility’s management.
• The management has appointed a person responsible for monitoring the implementation of the Standards. The role and tasks of this person are clearly defined.
• The Standards for the protection of minors clearly and comprehensively define:
  • safe recruitment practices for personnel
  • how to respond within the facility to suspected cases of child abuse
  • principles for safe staff-child relationships
  • rules for safe use of the internet and electronic media
  • rules for protecting children’s images and personal data
• The Standards are published and widely promoted among all staff, parents, and children, with each group actively informed through educational and informational activities.

Standard 2 – The Facility Applies Safe Recruitment Practices and Regularly Trains Staff on the Standards, Including:

• Recruitment rules for staff working with children, including the requirement to obtain data from the Register of Sex Offenders for every staff member and, where permitted by applicable law, information from the National Criminal Register. When the law does not allow this, obtaining a declaration from staff regarding their non-conviction or lack of ongoing criminal or disciplinary proceedings for crimes against sexual freedom and decency or crimes involving violence against minors.
• Rules for safe relationships between Kindergarten staff and minors, indicating which behaviors are prohibited and which are desirable in contact with children.
• Rules for providing staff with basic knowledge on protecting minors from harm and helping children in danger, including:
  • recognizing signs of child abuse
  • intervention procedures in cases of suspected abuse
  • legal responsibilities of Kindergarten staff to intervene
• Rules for preparing Kindergarten staff (working with children and their parents/guardians) to educate:
  • children about protection against violence and abuse
  • parents/guardians about non-violent child-rearing and protecting them from violence and abuse

Standard 3 – The Facility Has Implemented and Uses Intervention Procedures That Are Known and Accessible to All Staff. Every employee knows whom to report information about the abuse of a minor and who is responsible for intervention actions. All staff have access to contact information for local institutions responsible for preventing and intervening in cases of child abuse.

• The facility has developed step-by-step procedures for actions to take in situations of child abuse or threats to a child’s safety by the organization’s staff, family members, or strangers.
• The facility has contact details for local institutions and organizations that handle intervention and assistance in cases of child abuse (police, family court, crisis intervention center, social welfare center, health protection facilities) and makes these accessible to all staff.

Standard 4 – The Facility Monitors and, If Necessary, Evaluates the Standards at Least Once Every Two Years, Consulting with Staff and Parents and Updating Them.

Basic Standards:

• The adopted standards for the protection of minors are verified with particular attention to analyzing situations where children’s safety is threatened.

Supplementary Standards:

• As part of the standards’ verification, the facility analyzes their effectiveness based on the functioning of children within the facility and consults with their parents/guardians.

Recognizing and Responding to Risk Factors for Child Abuse

• Facility staff are knowledgeable and, in the course of their duties, pay attention to risk factors for the abuse of minors, such as:
  • The minor is often dirty or has an unpleasant odor.
  • The minor steals food, money, etc.
  • The minor begs or is hungry.
  • The minor does not receive necessary medical care, vaccinations, glasses, etc.
  • The minor lacks school supplies, clothing, or shoes suitable for weather conditions.
  • The minor has visible injuries (bruises, bites, wounds) that are difficult to explain, with injuries in different stages of healing.
  • The explanations given by the minor regarding the injuries seem implausible, impossible, inconsistent, etc., and are often changed.
  • Reluctance to participate in physical activities—the minor excessively covers their body, inappropriately for the situation or weather.
  • The minor is afraid of the parent or guardian, or fears returning home.
  • The minor flinches when approached by an adult.
  • The minor suffers from recurring somatic complaints: stomach aches, headaches, nausea, etc.
  • The minor is passive, withdrawn, submissive, scared, or depressive, or behaves aggressively, rebels, or self-harms.
  • The minor achieves poorer academic results than expected.
  • The minor escapes into the virtual world (computer games, the internet).
  • The minor uses psychoactive substances (excluding cases where such use is medically required).
  • The minor excessively seeks contact with adults (so-called “clingy” behavior).
  • In artistic works, conversations, or behavior, sexual elements/motifs begin to dominate.
  • The minor exhibits sexual awareness inappropriate for their age and situation.
  • The minor runs away from home.
  • There is a sudden and noticeable change in the minor’s behavior.
  • The minor talks about experiencing violence.
• If these signs are accompanied by specific behaviors from parents or guardians, the suspicion that the minor is being abused is particularly justified. Concerning Behaviors of Parents Include:
  • The parent (guardian) provides unconvincing or contradictory explanations or refuses to explain the cause of the minor’s injuries.
  • The parent (guardian) refuses or avoids contact with people interested in the minor’s welfare.
  • The parent (guardian) speaks negatively about the minor, constantly blames, humiliates, or scolds the child (e.g., using terms like “idiot,” “brat,” “punk”).
  • The parent (guardian) subjects the minor to harsh discipline or is overly protective, overly lenient, or rejects the child.
  • The parent (guardian) shows no interest in the minor’s welfare and problems.
  • The parent (guardian) often cannot provide the current whereabouts of the minor.
  • The parent (guardian) is apathetic or in a state of depression.
  • The parent (guardian) behaves aggressively.
  • The parent (guardian) is detached from reality, e.g., reacts inappropriately to situations, or speaks inconsistently.
  • The parent (guardian) is unaware of or denies the minor’s needs.
  • The parent (guardian) favors one child over others.
  • The parent (guardian) crosses acceptable boundaries in physical or verbal contact.
  • The parent (guardian) abuses alcohol, drugs, or other intoxicating substances.
• When risk factors are identified, facility staff engage in conversation with the parents, providing information about available support services and encouraging them to seek help.
• Staff monitor the child’s situation and well-being.
• Staff are familiar with and apply the principles of safe relationships between personnel and children within the facility.
• To ensure safe relationships between minors, facility staff educate children in this area according to the lesson plan. Minors are made aware of the procedures appropriate to their age (in a sensitive manner, considering their emotional needs).
• Recruitment of facility staff is conducted in accordance with safe recruitment practices.

Guidelines for Responding to Suspected Cases of Child Abuse: Intervention Procedures in Cases of Child Abuse

If a Kindergarten employee suspects that a child is being abused, the employee is required to prepare an official note and pass the information to the Kindergarten Director.

• Upon receiving the information, the Kindergarten Director calls the child’s guardians, informs them of the suspicion, and initiates the procedure according to these Standards.
• A person designated by the Kindergarten Director prepares a description of the child’s preschool and family situation based on conversations with the child, teachers, the child’s caregiver, and parents, and develops a plan to help the minor.
• The help plan for the minor should include guidelines on:
  • Actions to be taken by the Kindergarten to ensure the child’s safety, including reporting the suspected abuse to the appropriate institution.
  • Support that the Kindergarten will offer the child.
  • Referring the child to a specialized child support facility if needed.
• In more complex cases (e.g., involving sexual abuse or severe physical and psychological abuse), the Kindergarten Director appoints an intervention team, which may include a pedagogue/psychologist, the child’s caregiver, the Kindergarten Director, and other staff with knowledge of the effects of child abuse or information about the abused child.
• The intervention team prepares a plan to help the minor based on the description prepared by the kindergarten pedagogue/psychologist and other information obtained by the team members.
• If the suspicion of abuse by the facility’s staff is reported by the child’s parents/guardians, the Kindergarten Director is required to appoint an intervention team.
• The team invites the parents/guardians for an explanatory meeting, during which they may propose that the reported suspicion be assessed by an external, impartial institution (depending on the situation and the information gathered by the intervention team). A protocol of the meeting is prepared.
• The help plan for the minor, developed by the intervention team, along with recommendations for cooperation in its implementation, is presented to the parents/guardians by the pedagogue/psychologist.
• The pedagogue/psychologist informs the parents/guardians of the Kindergarten’s duty—as an institution—to report the suspicion of child abuse to the appropriate authorities (prosecutor’s office, police, family court, social welfare center, or the head of the interdisciplinary team under the “Blue Card” procedure, depending on the type of abuse identified and the corresponding intervention).

After the parents/guardians are informed by the pedagogue/psychologist, the Kindergarten Director files a report of the suspected crime with the prosecutor’s office/police or submits a request for a review of the family situation to the district court, family and juvenile division, social welfare center, or sends the “Blue Card – A” form to the head of the interdisciplinary team.

If the suspicion of child abuse by peers or staff reported by the parents/guardians is not confirmed, the Kindergarten informs the child’s parents/guardians of this in writing.

An intervention card is prepared to document the intervention, which is attached to the child’s records in the Kindergarten, using the template provided in Appendix No. 3 to these Standards.

All Kindergarten employees and other individuals who, in the course of their duties, receive information about child abuse or related information are required to keep such information confidential, except when providing information to authorized institutions as part of the intervention process.

Principles for the Protection of Children’s Images and Personal Data of Minors

• The Kindergarten, recognizing the child’s right to privacy and protection of personal rights, ensures the protection of the child’s image and adheres to the highest standards for the protection of personal data of minors in accordance with applicable laws.
• The personal data of minors is protected under the provisions of the Act of May 10, 2018, on the Protection of Personal Data and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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, GDPR):
  • Employees are required to maintain the confidentiality of personal data they process and keep secret the methods used to secure personal data against unauthorized access.
  • The child’s personal data is shared only with individuals and entities authorized by separate regulations.
• Guidelines regarding the principles for protecting the child’s image and personal data are provided in Appendix No. 4 to the extended version of the Standards available on the Kindergarten’s website.
• Kindergarten employees are not allowed to permit media representatives to capture the child’s image (filming, photographing, recording the child’s voice) on its premises without the written consent of the child’s parent or legal guardian.
• Public disclosure by a Kindergarten employee of a child’s image captured in any form (photograph, audio-video recording) requires the written consent of the child’s parent or legal guardian.
• The consent mentioned above is obtained by the facility upon the child’s admission to the Kindergarten through a written statement by the child’s guardian for the free use of the child’s recorded image, specifying the context in which it will be used (e.g., for promotional purposes on the YouTube platform or the Kindergarten’s website). This consent covers all forms of publication, particularly advertising posters, leaflets, printed promotional materials, and advertisements in newspapers, magazines, and on the Internet, etc. It is not permissible to provide a media representative with the contact details of the child’s guardian without the knowledge and consent of that guardian.

Rules for Safe Use of the Internet and Electronic Media in the Kindergarten

• The facility’s network infrastructure provides Internet access exclusively for staff.
• Organizational solutions at the Kindergarten are based on current safety standards. The network is protected against dangerous content by installing and updating appropriate, modern software.
• The Director appoints a person responsible for online safety at the Kindergarten.
• The duties of this person include:
  • Securing the Kindergarten’s internet network with passwords and antivirus programs.
  • Updating the software as needed.
• If children have access to the Internet at the Kindergarten, it is supervised by a staff member, who is obligated to inform the children about the rules for safe Internet use and to monitor their safety while using the Internet during activities.

Procedures for Initiating the “Blue Card” Process

• The primary goal of the “Blue Cards” is to improve the assistance offered by the Kindergarten and to create conditions for a systematic, interdisciplinary model of working with the family.
• If a child reports to a teacher at the Kindergarten that they are experiencing violence, the teacher should initiate the “Blue Card” procedure. If a child reports to a staff member other than a teacher, the staff member must relay the necessary information to the Kindergarten Director. Any information about the occurrence of violence mandates immediate action.
• The “Blue Card” procedure is used in all cases of intervention where there is suspicion of child abuse.

Kindergarten staff, as members of an educational institution, participate in the implementation of the “Blue Card” procedure, including being authorized to initiate it independently.

Principles of Safe Relationships

The fundamental principle of all actions taken by the staff is to act in the best interest of the child. Staff must treat the child with respect, considering their dignity and needs. Any form of violence against the child is unacceptable. Staff must act within the framework of applicable law, internal regulations of the institution, and their competencies. The principles of safe relationships between staff and children apply to all employees, interns, and volunteers. Familiarity with and acceptance of these principles are confirmed by signing a statement.

I. Staff Relationships with Children

Every Kindergarten employee must maintain a professional relationship with the children and always consider whether their reaction, communication, or action toward the child is appropriate, safe, justified, and fair to other children. Employees must act openly and transparently to minimize the risk of misinterpretation of their behavior.

II. Communication with Children

• In communication with children, Kindergarten staff must:
  • Remain patient and respectful.
  • Listen carefully to the child and provide age-appropriate responses.
  • Inform the child about decisions affecting them, taking into account the child’s expectations.
  • Respect the child’s right to privacy; if it is necessary to break confidentiality to protect the child, this should be explained to them as soon as possible. If it is necessary to speak with the child in private, the door should be left ajar, and the staff should remain within sight of others, or another staff member should be present during the conversation.
  • Assure children that if they feel uncomfortable in any situation, they can speak to a teacher/staff member or another designated person and expect an appropriate response and/or help.
• Prohibitions for Staff:
  • Shaming, humiliating, ignoring, or insulting the child, and raising their voice at the child, except in situations involving the child’s or others’ safety.
  • Disclosing sensitive information about the child to unauthorized individuals, including other children; this includes the child’s image, family, economic, medical, caregiving, or legal situation.
  • Behaving inappropriately in the presence of the child, including using vulgar language, gestures, or jokes, making offensive remarks, referencing sexual activity or attractiveness, and exploiting their power or physical superiority over the child (intimidation, coercion, threats, use of sarcasm, irony, metaphors, innuendos, etc.).

III. Activities with Children

• Staff must:
  • Appreciate and respect children’s contributions to activities, actively engage them, and treat them equally regardless of gender, ability/disability, social status, ethnicity, culture, religion, or beliefs.
  • Avoid favoritism among children.
• Prohibitions for Staff:
  • Establishing any romantic or sexual relationships with a child or making inappropriate proposals; this includes sexual comments, jokes, gestures, and sharing erotic or pornographic content with minors, regardless of its form.
  • Capturing the image of a minor (filming, voice recording, photographing) for personal use; this also includes allowing third parties to record children’s images without informing the Kindergarten’s management, obtaining their consent, and obtaining consents from the parents/guardians and the children themselves.
  • Offering minors alcohol, tobacco products, illegal substances, or using them in the presence of minors.
  • Accepting money or gifts from minors or their parents/guardians.
  • Entering into any form of dependency relationship with a child or their parents/guardians or behaving in a way that suggests such a dependency and leads to accusations of unequal treatment or gaining financial or other benefits—this does not apply to occasional gifts related to holidays during the kindergarten year, such as flowers, group gifts, or small tokens.

• All risky situations, including an employee’s infatuation with a child or vice versa, must be reported to the Kindergarten Director. If an employee witnesses such situations, they are required to react firmly but sensitively to preserve the dignity of those involved.

IV. Physical Contact with Children

• Any violent action toward a minor is unacceptable. However, there are situations where physical contact with a child may be appropriate and adhere to safe contact principles: it should meet the child’s needs at the moment, taking into account the child’s age, developmental stage, gender, cultural and situational context. However, it is impossible to define universal appropriateness for all such physical contact, as behavior suitable for one child may be inappropriate for another.
• Staff Must:
  • Always use their professional judgment, listening, observing, and noting the child’s reaction, asking for consent for physical contact (e.g., hugging), and maintaining awareness that even with good intentions, such contact may be misinterpreted by the child or third parties.
  • Be prepared to explain their actions.
  • Exercise particular caution with children who have experienced abuse or neglect (sexual, physical, or otherwise); such experiences may sometimes lead a child to seek inappropriate or unsuitable physical contact with adults. In such situations, staff should respond sensitively but firmly and help the child understand the importance of personal boundaries.

• Prohibitions for Staff:
  • Hitting, pushing, shoving, or otherwise violating the physical integrity of the child.
  • Touching the child in a way that may be considered indecent or inappropriate.
  • Engaging in activities such as mock fights or rough physical play with children.
• In situations requiring caregiving and hygiene activities, staff must avoid any physical contact with the child beyond what is necessary. It is advisable that another employee be present during any caregiving or hygiene activity related to helping the child with dressing, undressing, eating, washing, changing, or using the toilet. If caregiving and hygiene are part of the employee’s duties, they will be trained accordingly.
• Physical contact with a child must be open and not hidden, must not involve any form of gratification, or result from a power relationship. If an employee witnesses any of the behaviors or situations described above by other adults or children, they must always report it to the responsible person (e.g., teacher, director) and/or follow the applicable intervention procedure.

V. Contact Between Staff and Children Outside Working Hours

• The rule is that contact with children attending the Kindergarten should only take place during working hours and for educational or developmental purposes.
• Staff are prohibited from inviting children to their homes or meeting them outside working hours.
• If necessary, the proper form of communication with children and their parents or guardians outside working hours should be through official channels (e.g., work email, work phone).
• If a meeting with children outside working hours is necessary, the employee must inform the Kindergarten Director, and the parents/guardians must consent to such contact.
• Maintaining social or family relationships (if the children and their parents/guardians are close to the employee) requires keeping all information about other children, their parents, and guardians confidential.

VI. Online Safety

• Employees must be aware of digital threats and the risks associated with the recording of their private online activities by applications and algorithms, as well as their own online behavior. This includes visiting certain websites, using dating apps where they might encounter minors, following certain people/pages on social media, and managing the privacy settings of their accounts. If an employee’s profile is publicly accessible, children and their parents/guardians can also view the employee’s digital activity.
• Staff must mute or turn off personal electronic devices during activities and disable the Bluetooth functionality on the Kindergarten premises, except in situations where the use of these functions is necessary, such as when using speakers.