Child Protection Procedure at Jaskółka Dom and Jaskółka SPA
by Joanna Popiół

I. Introduction

The amendment to the Act of 28 July 2023 concerning the Family and Guardianship Code and other acts (Journal of Laws 2023, item 1606) introduces stricter regulations to protect minors from various forms of violence. In light of these changes, we would like to emphasise that the facilities “Jaskółka Dom” and “Jaskółka SPA by Joanna Popiół” (also referred to as the Facility) are intended for adults only. However, our commitment to protecting the rights of every guest, particularly children, remains a priority. For this reason, we have established specific rules to completely eliminate the risks associated with people under the age of 18 being on the Facility premises.

II. Purpose of the Procedure

The purpose of this procedure is to ensure the safety of minors in situations where an adult attempts to check into the Facility with a minor or invite a minor into their room or spa. The adoption and strict adherence to the following principles are intended to protect children’s rights and prevent their violation.

III. Legal basis for the Procedure

This Procedure has been developed on the basis of the Act of 28 July 2023 amending the Act – Family and Guardianship Code and certain other acts (Journal of Laws 2023, item 1606) and the Act of 13 May 2016 on counteracting the threat of sexual offences and protection of minors (Journal of Laws 2024, item 560).

IV. General principles

  1. The Facility conducts its activities with full respect for human rights, with particular emphasis on protecting the rights of minors.
  2. The Facility understands its role in promoting responsible social attitudes and compliance with the law.
  3. The Facility provides training for staff on how to identify and respond to situations that may endanger minors.
  4. The Facility is for adult guests only. Admission of minors is completely prohibited, with no exceptions.
  5. The Facility does not accept bookings made by minors or their visits, even if they are invited by adults.
  6. If an adult is found attempting to check in or invite a minor to the Facility, the staff shall immediately inform the management and, if necessary, the relevant services.
  7. It is strictly forbidden to invite minors to the Facility. Any such attempt will result in restrictive action, including notifying the police.
  8. Staff are required to monitor Guests to ensure that the prohibitions described above are observed.

V. Procedure for responding to attempts to check in with a minor

  1. Identity and age verification: Majordomos are obliged to check the identity documents of all Guests, with particular attention to verifying the age of accompanying persons to ensure compliance with the ban on minors.
  2. Mandatory notification of services: If an attempted check-in involves a minor, the Majordomo shall immediately inform Facility management. In the event of reasonable suspicion that psychological and/or physical violence may be used against the minor, the police must be notified. The primary objective is to quickly assess the situation and safeguard the welfare of the child.
  3. Refusal to check in: An adult attempting to check in with a child cannot be registered until the situation is clarified be the relevant services. The Majordomo must inform the guests of the Facility’s rules and the reasons for refusal of check-in.
  4. Monitoring and observation: If there is any doubt about the safety of a minor, the Facility staff will ensure that the child is constantly monitored until the police arrive.

VI. Procedure for handling situations involving a minor in a room or SPA

  1. Close supervision: Any instance where a minor is invited into a room or SPA must be reported immediately to management and the police.
  2. Mandatory notification of services: If an adult violates the strict prohibition against minors using hotel rooms or SPAs, and staff have concerns about the adult’s intentions or the minor’s safety, they must notify the police immediately.

VII. Procedure for detecting the presence of a minor in the facility:

  1. Upon identifying the presence of a minor, staff should notify Facility management immediately.
  2. If there is reasonable suspicion that a child in the Facility is being abused, staff should immediately contact the police by calling 112 and describe the incident’s circumstances. Based on the situation’s dynamics and circumstances, the person who directly witnesses the incident should make the call. If the notifier is an employee, they must also inform their supervisor simultaneously.
  3. Reasonable suspicion of child abuse occurs when:
    a) the child has disclosed the abuse to a staff member
    b) an employee observed harm inflicted on the child,
    c) the child shows signs of abuse (e.g. scratches, bruises) and responds incoherently, chaotically or becomes confused when asked about them. Other indicators may include finding child pornography in an adult’s room.
  4. In such situations, the child and the suspected abuser should be prevented from leaving the premises.
  5. In justified cases, a citizen’s arrest[1] of the suspected person may be carried out. The suspected individual should be kept under the supervision of two people in a separate room, away from public, until the police arrive.
  6. In all situations, ensuring the safety of the child is paramount. The child should remain under the care of a staff member until the police arrive.
  7. If there is a reasonable suspicion that a crime has involved contact between the child and the perpetrator’s biological material (sperm, saliva, epidermis), the child should be prevented, if possible, from washing and eating/drinking until the police arrive.
  8. Once the police have taken custody of the child, the CCTV footage and other relevant evidence (e.g. documents) related to the incident should be secured. If requested by the service, a copy should be forwarded to the public prosecutor or the police by registered mail or delivered in person.
  9. After the intervention, the incident should be recorded in an event log or another designated document.

VIII. Rules on the protection of personal data of minors

  1. Personal data protection is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereafter referred to as the GDPR.
  2. Detailed rules for the processing of personal data are governed by the “Data Protection Policy”.
  3. As the premises of the Facility and its surroundings are monitored by CCTV, and since the presence of minors is generally not permitted, any recording of a minor’s image, including filming, photographing and voice recording, is strictly prohibited. In situations where a minor is present at the Facility due to an adult’s fraudulent intentions, the Facility shall take necessary measures to ensure the protection of the child’s rights in accordance with applicable laws, including the GDPR. Disclosure of a minor’s image is only permitted in exceptional circumstances that justify the need to protect the minor’s interests or at the express request of law enforcement authorities.

IX. Staff training:

  1. All staff receive regular training on children’s rights, methods for identifying risky situations and intervention procedures.
  2. Every newly hired employee is informed of the rules against the presence of minors and trained to enforce them.
  3. Employees are required to follow strict procedures to verify the age of guests both during the booking stage and at check-in at the Facility.
  4. Staff are informed of the legal consequences of neglecting child protection procedures.

X. Monitoring and review of procedures:

  1. The Facility commits to regularly reviewing and updating its child protection procedures to comply with changing legislation and child protection standards.
  2. All comments and suggestions for improving children’s safety are carefully analysed and implemented as necessary.
  3. This document was last updated on 15 August 2024.

XI. Summary

These procedures provide a fundamental framework for the Facility’s child protection activities. They strongly emphasise the prohibition on the admission of minors and provide effective intervention tools in the event of a breach of this prohibition.

Annexes:

  1. Examples of situations that may raise suspicion or indicate possible child abuse
  2. Example of interview pattern with an adult and a minor during identification
[1]Article 243 of the  Act of 6 June 1997 Code of Criminal Procedure (i.e. Journal of Laws 2022, item 1375).
§1 Everyone has the right to apprehend a person caught in the act of committing an offence or during a pursuit immediately undertaken after the commission of an offence, provided there is a fear that the person may hide or that their identity cannot be established.
The term „in the act of committing an offence”, as used in § 1, includes apprehending the offender at any stage of the offence (excluding violations), i.e. during criminal preparation, an attempt or the execution of the crime. In practice, this will most often relate to an attempt, as such an intervention typically prevents the completion of the criminal act. Merely witnessing the material aspect of the offence is sufficient to initiate an arrest. K. Dudka [in:] M. Janicz, C. Kulesza, J. Matras, H. Paluszkiewicz, B. Skowron, K. Dudka, Code of criminal procedure. Commentary, ed. II, Warsaw 2020, Article 243.
§ 2. The person apprehended should be handed over to the police immediately.
Explanation: The Facility is not equipped to verify its suspicions based on concrete facts or evidence; that role belongs to the trial authorities. For a citizen’s arrest, it is not necessary for the actual criminal act to have been completed. The stage forms of an offence – preparation, attempt or execution – are sufficient grounds for an arrest. Detaining an individual at the time of the attempted act serves as a preventative measure. Attempting to rent a room with a child can be enough to raise concern.