Child protection policy

Fundacja Enabler Child Protection Policy – full version, 1 January 2024

Part 1. Introduction

Preamble

Out of concern for the wellbeing and absolute safety of children and young adults covered by the Foundation's activities, all employees and associates of Fundacja Enabler actively engage in initiatives that strengthen their wellbeing, including their sense of safety, particularly during activities at the Foundation. We focus on protection from violence and on promoting the rights of minors, especially those at risk of social exclusion, including children and young people with the experience of forced migration and/or growing up outside their biological families.

Everything we do is guided by the good of the child and the child's best interests. In line with our statutory objectives, we work to equalise educational opportunities, improve mental wellbeing and support social inclusion, which we understand as creating the conditions for the lasting social reintegration of children and young people, including those most in need and coming from disadvantaged groups. This applies to young people from foster care, teenagers with refugee experience, and minors with special needs arising from a disability certificate.

In pursuing our statutory goals for all beneficiaries, and minors in particular, we are guided by values close to our hearts — respect and safety. We create a friendly atmosphere built on mutual respect and understanding.

The Fundacja Enabler Child Protection Policy has been developed on the basis of Polish law, the Convention on the Rights of the Child and the International Bill of Human Rights. We also draw on good practices from Poland and abroad to ensure the highest possible level of child protection.

Purpose of the Child Protection Policy

The Fundacja Enabler Child Protection Policy sets out framework principles, standards and guidelines intended to:

raise the awareness of all Foundation employees of the importance of taking action to protect children, teenagers and young adults from harm in its broadest sense,
define the scope of responsibility of individual employees for the safety of children in the Foundation's care,
ensure adequate intervention where child abuse is suspected, including threats to a child's health and/or life;
define educational, preventive and intervention measures aimed at keeping children safe,
develop a working culture within the organisation based on children's rights.

Knowing and applying the provisions of this document in practice is the duty of all employees and associates of Fundacja Enabler.

Every newly hired employee is required to read the document and accept its provisions.

Child abuse

Abuse is defined as any intentional or unintentional act, or failure to act (understood as a failure to respond when harm is observed), by individuals, organisations or communities, which negatively affects the equal rights and freedoms of children or disrupts their healthy development.

For the purposes of this document, we distinguish four main categories of abuse:

Physical abuse — a form of aggression that leads to actual or potential physical suffering of a child. It comes from a parent, a person acting as a carer, or a person who has some form of control over the child. It may be a one-off incident or a continuous series of acts.
Psychological abuse — a long-lasting, non-material, destructive interaction between a child and their carer, including both acts and omissions. This includes, among other things, a lack of emotional availability, emotional neglect, a relationship based on hostility and blame, as well as inappropriate interactions with the child that are not suited to their stage of development.
Sexual abuse — involves engaging a child in sexual activity that the child is unable to understand or to which the child cannot give informed consent. This exploitation may also take the form of sexual exploitation that takes advantage of the child's vulnerable position for financial, social or political purposes.
Child neglect (abandonment) — refers to the continuous or occasional failure to meet a child's basic physical and emotional needs and the disregard of their fundamental rights, leading to health disorders and developmental problems.

Part 2. Rules for providing support and organising activities involving children

General rules

Fundacja Enabler provides therapeutic, sociotherapeutic and psychological support as well as counselling (career guidance). This support may be provided directly — individually or in groups (e.g. during workshops, support group meetings, networking) — or indirectly (using remote working tools such as online messaging apps or the telephone).

Fundacja Enabler employees provide support to children and teenagers as part of the Foundation's statutory activities; these activities are free of charge.

All children, teenagers and young adults may take part in our activities — regardless of gender, nationality, skin colour, financial status, religion or level of ability — in particular groups at risk of social exclusion, including young people in foster care, children and young people with migration or refugee experience, and young people with a disability certificate or a pervasive developmental disorder (autism spectrum or Asperger syndrome).

Direct support, whether individual or group-based, is usually provided at the premises of entities cooperating with the Foundation, including care and educational institutions, the District Youth Centre in Garczyn, and psychological and pedagogical counselling centres in the region. In justified cases, activities take place at the Foundation's own premises.

To ensure the high quality of the support provided to minors and young adults, Fundacja Enabler employees are covered by free supervision and psychological counselling. We have also implemented a burnout prevention programme for our staff.

In their contact with underage beneficiaries, Fundacja Enabler employees are guided by respect for the dignity and rights of the child, with an emphasis on protecting the child from any form of harm. Interactions with children take place in a way that protects their right to privacy.

Direct communication between Foundation employees and a child is adapted to the specific needs of the minor and takes place only with the minor's consent. All planned initiatives involving children — such as workshops, day camps, support groups, sociotherapy groups, extracurricular activities or campaigns — are analysed for potential risks to the wellbeing and rights of participants.

All Fundacja Enabler employees are required to:

treat all children equally, regardless of their background, appearance, beliefs or state of health;
show respect for the uniqueness of every child, including their beliefs and experiences;
respect the child's opinion and their account of events.

In addition, it is the absolute duty of all staff to use language with minors that is free of judgement, appropriate to the developmental level of children and young people, and adapted to the special needs of teenagers with a disability certificate.

The whole team is responsible for co-creating an atmosphere of openness and shared responsibility at the Foundation, one that encourages discussion about protecting the wellbeing of our youngest beneficiaries.

Refusal to provide support

Every Fundacja Enabler employee has a duty to respond whenever they notice harm being done to a child, teenager or young adult.

Every person acting on behalf of the Foundation is obliged to take steps if they suspect that any of the above-mentioned persons is suffering physical or psychological harm.

In justified cases, an employee may refuse to provide support, in which case they refer the matter to other Foundation employees or the appropriate public services.

Examples of situations in which an employee may refuse to provide support to a minor:

when providing support would conflict with the good of the child;
when providing support could expose the Foundation employee to harm, in particular a threat to their health or life;
when there is a risk of a conflict of interest arising from close relationships or kinship;
when the overriding goal is to provide support in another form;
if the employee assesses that their competences and knowledge are not sufficient in the minor's case to provide professional care and support.

Disclosure of information

Persons employed by Fundacja Enabler who provide support to minors (both directly and indirectly) are obliged to keep confidential the information they obtain in the course of their professional duties. It should be remembered that employees work with children and young people with special needs — from foster care, with war trauma or with mental health disorders — so confidentiality is the foundation for building trust and a relationship with the beneficiary.

However, an employee may decide that a situation requires breaking professional confidentiality.

Grounds for this may include the following:

a serious risk to the health or life of the child or of other persons involved in the situation, particularly in the case of suicidal disorders,
a requirement under applicable law, in particular in the case of intervention by public services.

In the case of an audit of project documentation (by Managing Institutions under a given grant), only the information necessary to account for the project is disclosed (for example, lists of participants in courses or other activities). The Foundation strives to limit the scope of the data provided, drawing the funding body's attention to the need to disclose only minimal and adequate information, and to secure it properly.

Rules for direct contact with a child

Direct support for a child is provided by Foundation employees, including among others: psychologists, educators, art therapists, career counsellors and subject teachers, and in exceptional situations, with the carer's consent, also sex educators and psychiatrists.

The Foundation makes every effort to ensure that the place where direct support is provided is adapted to the child's needs and familiar to the child.

The child's carers have the right to information about the support provided to the child, provided that giving this information, in the opinion of the child's therapist, does not put the child's wellbeing at risk, and provided that the carer (parent) has not been deprived of parental rights and does not have restricted parental authority.

If both parents have full parental rights, cooperation with both parents regarding the support provided to the child is recommended.

If, in the opinion of the child's therapist, cooperation with one of the child's parents could endanger the child's wellbeing, it may be waived, subject in each case to the approval of the facility coordinator.

Rules for a safe relationship between an employee/associate and a child and their carer(s)

In their contact with children and young adults, as well as with persons with special needs arising from a certificate of intellectual disability, Fundacja Enabler employees should follow at least the rules below:

Attitudes and actions that compromise, humiliate or harm children and their carers — including all forms of emotional or physical aggression or sexual violence — must be avoided.
Physical contact with a child or their carer is permitted only when it relates to the child's natural needs, such as play, hygiene, safety or comforting.
Giving intoxicating substances, including alcohol and medication, to a child or their carer is prohibited.
Participation in unlawful activities involving a child or carer is not permitted.
Initiating relationships of a sexual nature with children or their carers is prohibited.
Exchanging any goods or services for sexual contact, or any other form of exploitation, is unacceptable.
Inviting a child or carer to one's own home is not permitted — exceptions to this rule must be consulted with the Child Protection Policy coordinator.
Personal contact with a child or carer outside the professional framework and officially provided services is inadvisable; private communication channels should be avoided.
It is not permitted to build a relationship with a child or carer based on gratitude for favours outside the official means of support.
Accompanying a child on journeys without their carer present is prohibited.
Sleeping in the same room as a child during trips or camps is not permitted.
When providing support at a children's home, one must not remain alone with a child in isolation.

Foundation employees are obliged to maintain an environment that prevents the abuse of children — including the grooming and sexual exploitation of children — and of other beneficiaries of our activities, and that promotes the implementation of the code of safe relationships in this respect.

Any employee who learns of any of the above behaviours on the part of other employees, associates or contractors of the Foundation must immediately inform the person responsible for the Child Protection Policy or the Foundation's Management Board.

Rules for conducting social research involving children at Fundacja Enabler

Given that the Foundation carries out social research, including research into the demand for social services in the area where it later provides them, the following rules are introduced for this area of activity:

1. Before conducting the research:

When conducting research involving younger respondents, their wellbeing and comfort are the priority. Every participant, regardless of age, should give their voluntary and informed consent to take part in the research. Moreover, the research should be carried out by appropriately qualified persons.
As regards research involving children, the consent of their legal guardians is required before any form of individual interview begins. In the case of group research or surveys, consent may be given by a person who is not a parent or legal guardian but who is responsible for the children's wellbeing (for example, a teacher or a school head).
If the research involves the use of audio or video recording devices, separate, clearly worded consent must be obtained from the legal guardian or the person responsible for the child's safety. In addition, the child should also consent to taking part in the research and to any audio or video recordings.

2. Conducting the research:

When designing the research, the researcher must take into account the level of psychological maturity of the participants. It is also important to consider how taking part in the research may affect their day-to-day functioning. In particular, if the research concerns topics that may cause children anxiety, they should have access to support in the form of a person they can talk to freely.
As for research methods, a child may take part in the research in various ways: online, by telephone or in person. If the research takes place at the child's home, the presence of their parent or legal guardian is mandatory.

Respondents have the right to confidentiality and anonymity in the research.

The research data collected should be stored securely. Where possible, anonymity protection techniques should be applied.

Raw research data should be coded as soon as it is recorded.

Protection of the image and personal data of the child and their carers

Fundacja Enabler complies with personal data protection regulations, including those concerning special categories of data, among other things by:

obtaining the written consent of the beneficiaries of our activities to the processing of their personal data (annex);
designating a person responsible for data security (the personal data controller — Michał Żadkowski);
creating electronic records of data processing in every project;
training employees in GDPR;
securing documentation in both paper and electronic form;
defining clear rules for disclosing information contained in documentation to third-party institutions.

The rules for processing clients' personal data and handling client documentation are set out in a separate document, the "Personal Data Security Policy", which is an annex to this Policy.

Working with the media

The Foundation does not share information about clients with media representatives. Foundation employees and associates do not put current or former clients in contact with media representatives, nor do they comment on their specific cases in the media (traditional or social), even after the client's data has been anonymised.

In exceptional situations, a statement is possible only with the written consent of the client or their carer.

Recording and publishing a client's image

Designated Foundation employees may take photos or videos featuring beneficiaries in order to document or promote our activities. If a client's face/figure is visible in the photo/video in a way that makes them identifiable, the client's consent to the recording or publication of their image must be obtained. If the client is a child, consent must be obtained from their carer and the child must also be asked for consent.

The consent should specify in detail where the client's image will be published, how long it will be available and how it will be archived. The consent of the client, or of the carer of a child who is a client, to the recording or publication of their image should be recorded or given in writing. The consent wording is drawn up by the Foundation's legal department, once such a need has been reported.

Before recording/photographing, the client must be informed where the video will be placed, in what context, and for how long it will be used by the Foundation.

In other cases — in particular where the image is a detail of a larger whole, such as a gathering, a landscape or a public event, and the client's face is not recognisable — the client's consent to the recording or publication of their image is not required.

Whenever a client's image is published, care must be taken to ensure that it is not humiliating or does not present the client in a negative light.

In care and educational institutions, an absolute ban is established on recording any materials showing the faces of the children in care.

Breaking this ban results in immediate termination of employment.

Part 3. Preventing child abuse

Education

To protect children from all forms of harm, Fundacja Enabler runs a variety of educational programmes. These programmes are addressed to different groups: parents and carers, professionals working with children, and young people directly.

The Foundation designs all these initiatives on the basis of the latest research data, proven practices used by other organisations, and models validated through various forms of evaluation and practical experience.

Recruitment and onboarding of new employees

As a responsible employer, Fundacja Enabler acts in accordance with labour law and employs staff with the appropriate qualifications and competences who share the values arising from the Convention on the Rights of the Child, in particular the child's right to protection from abuse.

Declaration of no criminal record

Before taking up their duties on behalf of the Foundation, the selected candidate submits — in addition to other documents required by law — a declaration of no criminal record concerning offences against sexual freedom and decency and offences against minors, as well as concerning any criminal or disciplinary proceedings pending against them.

Before a contract is concluded, a candidate for work involving the upbringing, education, leisure, treatment of or care for minors is checked by a representative of the Foundation's Management Board in the Register of Sexual Offenders (the restricted-access register) and in the Register of persons in respect of whom the State Commission for investigating cases of acts against the sexual freedom and decency of minors under 15 has issued a decision on entry in the Register. The check in the offenders register is documented with a printout of the response generated from the Register. Appearing in the Register rules out concluding a contract with the candidate.

The documents listed in this section are kept in the employee's personnel file.

Documents and training for new employees

Before starting work, an employee is required to familiarise themselves with:

this policy
the personal data protection rules
the workplace regulations
other rules and procedures in force at the Foundation.

An employee designated by the Management Board is responsible for providing the employee with the above documents.

The employee is required to read the above-mentioned documents and to confirm this by signing a declaration.

In addition, every newly hired employee receives training in:

the provisions of the Child Protection Policy,
respecting children's rights,
the processing of personal data at the Foundation,
image protection,
working in the foster care environment.

The preparation of the programme for this training is coordinated by the Foundation's Child Protection Policy coordinator, appointed by the Foundation's Management Board.

Part 4. Intervention in the event of suspected child abuse

If a Foundation employee suspects that a child is being abused, the employee is obliged to draw up an internal note and pass the information on to the Management Board. The note may be in written or email form.

The intervention is conducted by the Foundation's Management Board, which may permanently designate another person for this task. If such a person is designated, their details (name, surname, email, telephone) will be communicated to employees and recorded in this section.

If another person is designated to conduct interventions, the term "Foundation Management Board" should be understood as the person responsible for conducting the intervention.

If abuse is reported on the part of the person designated to conduct interventions, the intervention is conducted by the Foundation's Management Board.

If abuse is reported on the part of the Foundation's Management Board, the actions described in this chapter are taken by the person who noticed the abuse or to whom the suspected abuse was reported.

Specialists, in particular psychologists and educators, may be invited to take part in the intervention in order to draw on their help when talking to the child about difficult experiences.

If it is suspected that a child's life is at risk or that the child is at risk of serious harm to their health, the relevant services (police, emergency medical services) must be informed immediately by calling 112. The services are informed by the employee who first learned of the threat, who then completes an intervention record.

An intervention record is drawn up for every intervention.

All employees of the organisation and other persons who, in connection with the performance of their professional duties, have learned of child abuse or related information are obliged to keep this information confidential, except for information passed on to authorised institutions as part of intervention activities.

If a suspected threat to a child's safety was reported by the child's carers and the suspicion has not been confirmed, the child's carers must be informed of this fact in writing.

1. Abuse by a Foundation employee

If child abuse by an employee of the organisation is reported, that person is immediately removed from all forms of contact with children (not only the child concerned) until the matter is clarified.
The Foundation's Management Board talks to the child and to other persons who have, or may have, knowledge of the incident and of the child's personal (family, health) situation, in particular their carers. The Management Board seeks to establish the course of events, as well as the impact of the incident on the child's mental and physical health. The findings are recorded on the intervention record.
The Foundation's Management Board organises a meeting with the child's carers, at which it informs them about the incident and about the possibility of obtaining specialist support, including from other organisations or services.
If a criminal offence has been committed against the child, the organisation's management draws up a notification of a possible criminal offence and submits it to the locally competent police or public prosecutor's office.
If an employee has subjected a child to a form of abuse other than a criminal offence against the child, the organisation's management should examine all the circumstances of the case, in particular by hearing the employee suspected of the abuse, the child and other witnesses of the incident. Where the harm to the child's wellbeing is significant — in particular where discrimination has occurred or the child's dignity has been violated — consideration should be given to terminating the legal relationship with the person who committed the abuse, or to recommending such termination to that person's superiors.

2. Abuse by other third parties

If child abuse by a third party (a stranger or a relative) is reported, the Foundation's Management Board talks to the child and to other persons who have, or may have, knowledge of the incident and of the child's personal (family, health) situation, in particular their carers. The Management Board seeks to establish the course of events, as well as the impact of the incident on the child's mental and physical health. The findings are recorded on the intervention record.
The Foundation's Management Board organises a meeting with the child's carers, at which it informs them about the incident and about the possibility of obtaining specialist support, including from other organisations or services.
If a criminal offence has been committed against the child, the organisation's management draws up a notification of a possible criminal offence and submits it to the locally competent police or public prosecutor's office.
If the conversation with the carers shows that they are not interested in helping the child, that they are ignoring the incident or otherwise failing to support the child who has experienced abuse, the organisation's management draws up an application for insight into the family's situation and submits it to the competent family court.
Further proceedings fall within the competence of the institutions referred to in the preceding points.

3. Abuse by parents/carers

If child abuse by parents/carers is reported, the Foundation's Management Board talks to the child and to other persons who have, or may have, knowledge of the incident and of the child's personal (family, health) situation. The Management Board seeks to establish the course of events, as well as the impact of the incident on the child's mental and physical health. The findings are recorded on the intervention record.
If a criminal offence has been committed against the child, the Foundation's Management Board draws up a notification of a possible criminal offence and submits it to the locally competent police or public prosecutor's office.
If the findings show that the child's carer is neglecting the child's psychological and physical needs or that the family is failing in its parenting role (e.g. the child wears clothes inadequate for the weather, leaves home without adult supervision), or that the family is using violence against the child (a parent/other household member shouts at the child, smacks them or uses similar physical punishments), the competent social welfare centre must be informed of the family's need for assistance where the unmet needs result from poverty, or — in the case of violence and neglect — of the need to initiate the "Blue Card" procedure.
Further proceedings fall within the competence of the institutions referred to in the preceding points.

4. Peer abuse

If abuse of a child by another child attending the organisation (e.g. during group activities) is suspected, a conversation should be held with the child suspected of the abuse and their carers, and separately with the child experiencing the abuse and their carers. Other persons with knowledge of the incident should also be interviewed. During these conversations, the aim should be to establish the course of events and the impact of the incident on the mental and physical health of the abused child. The findings are recorded on the intervention record. Separate intervention records are drawn up for the child causing the harm and the child experiencing it.
Together with the parents/carers of the child causing the harm, a corrective plan should be developed to change the undesirable behaviour.
With the parents/carers of the child experiencing the abuse, a plan should be developed to ensure the child's safety, including ways of separating them from the sources of the threat.
During the conversations, it should be verified that the child suspected of abusing another child is not themselves being abused by parents/carers, other adults or other children.
If the child causing the harm does not attend the organisation, a conversation should be held with the child experiencing the abuse, with other persons who have knowledge of the incident, and with the parents of the abused child, in order to establish the course of events and the impact of the incident on the child's mental and physical health. The Foundation's Management Board organises a meeting with the child's carers, at which it informs them about the incident, about the possibility of obtaining specialist support, including from other organisations or services, and about possible ways of responding to the incident (informing the family court, informing the school, informing the parents of the child causing the harm).

Part 5. Policy implementation and monitoring

This document enters into force upon the publication of its full version by the Management Board in a manner accessible to all employees.

A version for children and for teenagers with special needs, prepared by a special needs educator, will also be published on the Foundation's website.

Questions about the Policy

In case of doubt as to the interpretation or application of the provisions of this policy, an employee may refer the matter to the Policy coordinator for resolution.

The Policy coordinator refers the matter to the Foundation's Management Board for resolution.

The Foundation's Management Board resolves the doubt, in a manner binding in the given case, and informs the employee who raised it via the programme coordinator.

Breach of the Policy

If an employee notices a breach of the provisions of this Policy, they report it to the Policy Coordinator or, in their absence, to their supervisor.

The Policy Coordinator, in consultation with the Foundation's Management Board, clarifies the matter and takes steps to prevent similar breaches in the future.

Person responsible for the implementation of the Protection Policy at Fundacja Enabler

The role of Child Protection Policy coordinator at Fundacja Enabler is held by child and adolescent psychologist Marta Łoboda, tel. 606-788-892, email: marta.loboda@fundacjaenabler.pl

Person responsible for monitoring on behalf of the Management Board

This role is held by Michał Żadkowski, tel. 501288335, email: michal.zadkowski@fundacjaenabler.pl

Monitoring

This document is subject to ongoing monitoring and evaluation by the Fundacja Enabler staff. Ongoing monitoring means carrying out the evaluation process at least once every six months. The minimum scope of the evaluation involves all employees completing the survey below (on the basis of which the Management Board adopts amendments to the document):

Have you read the provisions of the document THE CHILD AT THE CENTRE — the policy for protecting children and young adults from abuse at Fundacja Enabler?
□ Yes □ No □ Partially
How did you familiarise yourself with the provisions of the Policy?
□ I read the whole document
□ I read the parts of the document relevant to my position
□ I took part in training conducted by the coordinator
□ Colleagues/my supervisor summarised the main points for me
□ Another way — which? ........................
Do you apply the Policy in your work?
□ Yes □ No □ Partially
In your assessment, is the Policy observed in your workplace?
□ Yes □ No □ Partially
Have you observed a breach of the Policy at Fundacja Enabler?
□ Yes □ No
If so, what situations did the breach of the Policy concern?
.......................................................................................
What do you think should be added to the document?
.......................................................................................
Should any content be removed? What? Why?
.......................................................................................
Should any point/issue be changed? Which one? Why? How?
.......................................................................................

List of separate annexes to the Fundacja Enabler Child Protection Policy, available at the Foundation's office:

GDPR Policy,
Template of the personal data processing register for employees,
Template of the authorisation to process data,
Template of the consent to data processing (for adults),
Template of the consent to data processing for carers,
Template of the consent to the publication of one's image (for adults),
Template of the consent to the publication of one's image for carers,
Template of the declaration of no criminal record.