PROCEDURE FOR PROTECTING CHILDREN IN THE FACILITY

PROCEDURE FOR PROTECTING CHILDREN IN THE FACILITY

Preamble  

Having regard to the content of the United Nations Guiding Principles on Business and Human Rights, recognizing the important role of business in ensuring respect for the rights of children, in particular the right to protection of their dignity and freedom from all forms of harm, the Facility hereby adopts this document as a model for rules and procedures in the event of a suspicion that a child staying in the Facility is being harmed and for preventing such threats.

§1.
Definitions

For the purposes of this document, the meaning of the following terms has been clarified below:

1. Child – any person under 18 years of age.
2. Stranger Adult - any person over the age of 18 who is not a parent or legal guardian of the Child.
3. Child Abuse means committing a crime to the detriment of a child.
4. Crimes against Children – all crimes that can be committed against adults can be committed against children, as well as crimes that can only be committed against children (e.g., sexual abuse under Article 200 of the Penal Code[1]). Due to the specific nature of facilities where it is easy to obtain the possibility of isolation, the crimes that may most often be committed on their premises will be crimes against sexual freedom and decency, in particular rape (Article 197 of the Penal Code), sexual exploitation of insanity and helplessness (Article 198 of the Penal Code), sexual exploitation of dependency or a critical situation (Article 199 of the Penal Code), sexual exploitation of a person under 15 years of age (Article 200 of the Penal Code), grooming (seduction of a minor by means of distance communication - Article 200a of the Penal Code).
5. Facility - understood as a place where Hossa.biz Sp. z o.o. conducts hotel, recreational, sports or interest-related activities and as the organization of recreational, sports or interest-related events by Hossa.biz Sp. z o.o.
6. Facility Director/Coordinator – the person managing the Facility responsible for the implementation of this Procedure.
7. Facility Employee – understood as a person who is part of the Facility’s staff, regardless of the legal basis for performing work in the Facility.
8. Employee working with children - An employee of the Facility who works with children, including a person working under a civil contract, an apprentice, an intern and a volunteer, irrespective of the person's nationality and age, who is subject to a check against the Sex Offender Register.

§ 2.

The Child Protection Procedure at our Facility will be implemented through the following principles:

1. The Facility conducts its operations with the utmost respect for human rights, in particular the rights of children as people who are particularly vulnerable to harm.
2. The facility recognizes its role in conducting socially responsible business and promoting desirable social attitudes.
3. In particular, the Facility emphasises the importance of the legal and social obligation to notify law enforcement agencies of any suspected crime against children and undertakes to train its staff in this regard.
4. The Facility is committed to educating staff on circumstances indicating that a child in the Facility may be abused and how to respond quickly and appropriately to such situations.
5. One of the forms of effective prevention of child abuse is the identification of the Child staying in the Facility and his/her relationship to the adult with whom he/she stays in the Facility. The Staff takes all possible steps to identify the Child and his/her relationship with the adult with whom he/she is present in the Facility. 

§ 3.
Procedure in the event of suspected Child abuse

1. Whenever possible, the Child and his/her relationship with the adult with whom he/she stays in the Facility should be identified.
2. In unusual and/or suspicious situations indicating a possible risk of harm to the Child, identification is mandatory by a Facility Employee at the reception desk, if a reception desk is provided in a given Facility. Examples of situations that may raise suspicion can be found in Appendix No. 1 to this procedure.
3. In order to identify the Child and his/her relationship to the person with whom he/she is staying in the Facility, it is necessary to undertake the following steps:
   1. Ask about the Child’s documents (ID card, passport, school ID) and record his/her data in the Facility’s register if one is kept.
   2. Ask about the Child’s relationship with the person with whom he or she arrived or is staying at the Facility.
   3. In the absence of documents indicating the relationship between the Child and the adult, you should ask about this relationship – the adult and the Child. An example of a conversation with an adult and a child can be found in Appendix No. 2 to this procedure.
   4. If the adult is not the child's parent or legal guardian, you should ask if they have a document proving the parents' consent to the joint trip of the Adult Stranger and the Child (e.g., a statement from the parent). If the Adult Stranger does not have a parental consent document, you should ask for the telephone number listed above to call and confirm that the child is staying in the Facility with the Adult Stranger with the knowledge and consent of the parents/legal guardians.
4. In the event of resistance from the adult to presenting the Child’s document and/or indicating the relationship, it should be explained that the procedure is intended to ensure the safety of Children using the Facility and has been developed in consultation with NGOs working on the subject.
5. Once the matter has been explained in a positive way, thank them for taking the time to ensure that the Child is well looked after and reiterate that the procedure is designed to keep Children safe.
6. If the conversation does not dispel any doubts regarding the suspicion against the adult and his/her intention to harm the Child, the Facility Director/Coordinator and security (if they are on the premises at the time) should be discreetly notified.
7. From the moment the first doubts arise, both the Child and the adult should be under constant supervision of the staff and not be left alone.
8. The Facility Director/Coordinator who has been notified of the situation will decide to notify the police or, in case of doubt, will take over the conversation with the suspicious adult for further clarification.
9. If the conversation confirms the belief that a crime has been attempted or committed against a child, the Facility Director/Coordinator notifies the police of this fact. The following procedure is followed in the event of circumstances indicating harm to a child. 
10.  All Facility Employees, including cleaning, room service, bar and restaurant staff, relaxation zone staff, and Facility security, in the event of witnessing unusual and/or suspicious situations, should immediately notify the Facility Director/Coordinator who will decide on appropriate actions.
11. Depending on the situation and location, the Facility Director/Coordinator verifies to what extent the suspicion of Child Abuse is justified. For this purpose, the officer selects appropriate measures to clarify the situation or decides to intervene and notifies the police.

§ 4.
Procedure in the event of circumstances indicating harm to a Child

1. If you have a reasonable suspicion that a Child staying in the Facility is being harmed, you should immediately notify the police by calling 112 and describing the circumstances of the incident. Depending on the dynamics of the situation and circumstances, the call is made by the person who is a direct witness to the event (Facility Employee/Facility Director/Coordinator). If the notifier is a Facility Employee, he or she shall simultaneously inform the Facility Director/Coordinator about the incident.
2. Reasonable suspicion of Child Abuse occurs when:
   1. The child disclosed to the Facility Employee the fact of being harmed,
   2. A facility employee observed harm,
   3. The child shows signs of abuse (e.g., scratches, bruises), and when asked, the child responds in an inconsistent and/or chaotic manner and/or becomes embarrassed, or there are other circumstances that may indicate abuse, e.g., finding pornographic materials involving children in an adult's room,
3. In this situation, the Child and the person suspected of Child Abuse should be prevented from leaving the facility.
4. In justified cases, a citizen's arrest[2] of a suspected person may be made. In such a situation, the person should be kept in a separate room, away from the view of other guests, under the supervision of two members of staff until the police arrive.
5. In every case, care must be taken to ensure the child's safety. The child should remain under the care of a Facility Employee until the police arrive.
6. In the event of a reasonable suspicion that a crime has been committed involving a child’s contact with the perpetrator’s biological material (sperm, saliva, epidermis), the child should, if possible, not be allowed to wash or eat/drink until the police arrive.
7. After the child is picked up by the police, it is necessary to secure the surveillance footage and other important evidence (e.g., documents) relating to the incident and, at the request of the services, forward a copy by registered mail or in person to the prosecutor or the police.
8. After the intervention, the incident should be described in an event log or other document intended for this purpose.

§ 5.
Employing People to Work with Children

1. All persons working with children must be safe for them, which means, that their employment history should indicate that they have not harmed any child in the past.
2. Every person employed by the Facility for work related to education, recreation and childcare must be checked against the Sex Offenders Register. A person is checked in the Register by printing out the results of the person’s search in the Register with limited access, which is then entered into the personal file of the person being checked. The inspection should be repeated every year. The scope of personal data necessary to check a person in the Register can be found in Appendix No. 3 to this Procedure.
3. Every Employee employed to work with children, including a person who may have potential contact with children, is obliged to familiarize themselves with the content of the Child Protection Procedure in the Facility and to comply with the rules and procedures contained in this document, which is confirmed by submitting a statement of no criminal record, that there are no proceedings pending against them for acts against Children and that they have familiarized themselves with the content of the Procedure. The model statement constitutes Appendix No. 4 to this Procedure.
4. Every Employee employed to work with Children, including a person who may have potential contact with Children, should submit a statement regarding the country or countries of residence in the last 20 years, other than the Republic of Poland and the country of citizenship. The model statement constitutes Appendix No. 5 to this Procedure.
5. An example list of positions/functions in the Facility subject to verification in the context of child protection can be found in Appendix No. 6 to this Procedure.
6. In the event of concluding a civil law contract in B2B form, it is required to obtain the statement referred to in this section from the owner of the company. The model statement constitutes Appendix No. 7 to this Procedure.

§ 6.
Final provisions

1. The procedure enters into force on August 15, 2024.
2. The Child Protection Procedure is available on the Facility’s website, at the Facility’s reception desk if there is any in a given Facility, or displayed on the notice board, if any.
3. This Procedure will be assessed at least once every two years to ensure it remains relevant to current needs and complies with applicable regulations, and the conclusions of the assessment will be documented in writing.

Appendices:

1. Appendix No. 1: Examples of situations that may raise suspicions or indicate child abuse.
2. Appendix No. 2: An example of a conversation with an adult and a child during identification
3. Appendix No. 3: The scope of employee/collaborator/intern/trainee/volunteer data necessary to check the Sex Offenders Register.
4. Appendix No. 4: A model statement of an Employee employed to work with Children stating that they have no criminal record, that there are no ongoing proceedings against them for acts against Children and that they have familiarized themselves with the content of the Procedure
5. Appendix No. 5: A model statement of an Employee hired to work with Children about the country or countries of residence in the last 20 years, other than the Republic of Poland and the country of citizenship
6. Appendix No. 6: A sample list of positions/functions in the Facility subject to verification in the context of child protection
7. Appendix No. 7: A model statement for outsourcing companies employed by the facility