The obligation to analyze the most serious cases of violence and the introduction of child protection standards in various institutions, the establishment of child representatives and a risk assessment questionnaire for services – all this is provided for in the draft law on child protection by Sovereign Poland.
Bill “for the protection of children”
During Friday’s press conference in the Sejm, politicians of Sovereign Poland, deputy head of the Ministry of Justice Marcin Romanowski and MP Anna Siarkowska announced that they would introduce a draft law “for the protection of children”.
As #SuwerennaPolska, we present a new draft law on the protection of children, which includes a team to monitor and analyze the system for the prosecution of violent crimes against children
– announced Deputy Minister Romanowski. He stated that one of the main issues addressed in the project is the analysis of child abuse cases.
“We must be wise to the harm”
The repeated postulate of the Serious Case Review analysis, i.e. cases involving murder or serious bodily harm to a child; these analyzes are already underway. We realize that we have to be wise before something happens. The Institute of Justice has been conducting such analyzes for many months; here we introduce a legal obligation
– he said.
He added that the aim is to “permanently analyze the system for preventing and prosecuting violent crimes against children, to repair this system and to identify gaps on an ongoing basis.”
Necessary procedures to protect children
Another solution from the project concerns child protection standards. Romanowski pointed out that this is “a postulate repeatedly put forward by many circles concerned with children’s rights – that there should be standards in schools and educational institutions if there is a suspicion of child abuse; that there are procedures that adequately protect these children and prevent the worst.”
Establishment of child representatives
The proposed solutions also apply to the institutions of representatives of children and minors. “These people need support, especially when they cannot be represented by their parents, because they are the suspects,” Romanowski noted.
Currently, if neither parent can represent the child in legal proceedings (…), the child represents the so-called probation officer, who can be a legal adviser or lawyer. We are tightening up the rules for the status of such a child representative. We specify which competencies he must have, specify his duties and establish the rules for awarding rewards
– mentioned in the communiqué of Sovereign Poland.
Crimes against the disabled
The project also focuses on crimes against persons with disabilities.
People with disabilities are more often victims of crime than others. We supplement the provisions on the guardian of a person with a disability: we clearly indicate the situations in which such a guardian should be appointed, regulate the procedure for his selection and specify his tasks
– we read in the communiqué.
“Risk Assessment Questionnaire”
At the conference, Romanowski added that the proposed solutions also include a “risk assessment questionnaire.”
Pursuant to Article 12a of the Anti-Violence Act, social services may remove a child if there is a suspicion of danger to life or health. We introduce a questionnaire, as we have in the so-called anti-violence law 1.0 to determine whether this threat to life and health has actually taken place
Romanowski also said.
As we read in the statement of the SP, the aim is “on the one hand to prevent unjustified interference in family life, but above all to oblige employees to carefully analyze the child’s situation and to make a decision to remove him from the family if the threat is real.”
Proposed mandatory training for judges and preparation of a strategy
Romanowski also indicated that the draft extends the obligation of appropriate training for judges.
Mandatory training every 4 years for criminal division judges who hear children in friendly chambers – we are also extending this obligation to family judges so that they are also required to train on the issue of communicating with a child and identifying a violent situation; if only because – if possible – we introduce the obligation to listen to the child in family proceedings
Romanowski said.
Finally, we introduce the obligation to prepare a strategy – the National Plan to combat violence against children and the strategy for the National Plan to combat sexual crime against children; this second plan is ready
Romanowski added.
“National Plan” already in social consultation
The communiqué indicated that the “National plan for the fight against crime against sexual freedom and decency to the detriment of minors for the years 2023-2026” is currently “subject to social dialogue and inter-ministerial arrangements and – hopefully soon – will be adopted by the Council of ministers”.
Siarkowska ruled that passing the law “in a comprehensive way will make this system of institutions learn, identify white plans, places that are not working efficiently enough to counter it.” She expressed the hope that “all deputies, regardless of their political choice, are interested in this project and that it will not be a point of discussion in the upcoming election campaign.”
We hope that this project will be processed very quickly, that it will be accepted by all political forces, because it actually implements all the postulates that have been put forward for many years
Romanowski added.
As a #SuwerennaPolska community, we have ended the spiral of fear and uncertainty about domestic violence and the impossibility of state institutions
he added on his Twitter account.
rm/PAP
Source: wPolityce