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“Kamilek Act” adopted by the Sejm. What predicts

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The Sejm passed an amendment to the Family and Guardianship Code aimed at strengthening the protection of children against violence. The amendment, called the “Kamilek Act”, provides for, among other things, the obligation to analyze the most serious cases of violence, the implementation of child protection standards and the introduction of a risk assessment questionnaire for services. Not all MPs voted for the amendment.

441 deputies voted for the new regulations on Thursday, 11 (Confederation and Wolnościowcy) were against, and one abstained from voting.

Voting on the amendment to the Family Code, which is to increase the protection of childrensejm.gov.pl

MEPs had previously adopted 16 clarification amendments, which concern, inter alia, the obligations of bodies of institutions and associations, as well as the possibility of better systematics in terms of access to information. The amendments provide, for example, that authorities, institutions, associations, social organizations or other entities are obliged to provide information about a child at the request of a court-appointed representative of this child in the event that neither of the parents can represent him.

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Another amendment added, inter alia, a provision stating that “whoever, being obliged to introduce standards for the protection of minors, fails to comply with this obligation, is subject to a fine of up to PLN 250 or a reprimand”. In the event of repeated failure to comply with the obligation to introduce standards for the protection of minors, the perpetrator is subject to a fine of not less than PLN 1,000.

The amendment will now go to the Senate.

Kamil’s Act. What does it assume?

The adopted regulations were prepared by deputies of Sovereign Poland and submitted to the Sejm a few days after the death of 8-year-old Kamil from Częstochowa. The changes were supported by 23 institutions and non-governmental organizations. The act provides for the introduction of standards for the protection of minors in all facilities working with children. The standards include: vetting staff for sexual and child abuse offences, developing and adhering to a code of safe staff-child relationships.

READ MORE: Kamil suffered for so many days. And where were you then?

The amendment also provides development and implementation of clear procedures in the event of suspected child abuse – as a result of violence by a member of staff, domestic violence or peer violence. As it was written, the minister responsible for social security issues, in consultation with the minister of justice, will determine by regulation a template of the questionnaire concerning the threat to life or health of a child. The questionnaire is intended to be used by social workers, police officers and healthcare professionals.

In addition – as it is written in the act – for a child remaining under parental authority, which neither of the parents can represent, the guardianship court appoints a representative of the child. He will be empowered to perform all activities related to the case, also in the scope of appealing and enforcing the decision. A child’s representative may be an appointed advocate or legal advisor who demonstrates particular knowledge of the child’s affairs.

Regulation also establishes a probation officer for a person with a disability, who is to be a support, not a statutory replacementin dealing with legal matters. Also introduced in the novella hearing the childif his mental development, state of health and degree of maturity allow it. The child may be heard only with his consent. The regulation provides that the court will take into account the child’s opinion and reasonable wishes, depending on the circumstances, mental development, health and maturity of the child. The hearing of the child will be possible only once in the course of the proceedings, unless significant circumstances emerge that require the child to be heard again.

The law also provides introducing an analysis of serious and fatal cases of child abuse. The justification to the amendment indicates that the main principle of this mechanism is to improve the protection of children and their well-being by fostering a culture of learning among practitioners and institutions about what needs to be changed and how to achieve it.

According to regulations the analyzes will be carried out by a team of experts appointed by the Minister of Justice for a period of four years. The team will consist of six experts, one each from the fields of law, paediatrics, psychology, psychiatry, pedagogy and sociology. Two representatives of non-governmental organizations will also participate in the analysis each time as an expert consultant.

It was also emphasized in the amendment the need to introduce mandatory training for family judgesto better understand the needs of children involved in legal proceedings.

The death of tortured, eight-year-old Kamil

8-year-old Kamil died on May 8 after 35 days of doctors fighting for his life. The boy had previously been repeatedly abused by his stepfather, 27-year-old Dawid B. The man abused the child with particular cruelty, including placing the boy on a hot stove, burning him with cigarettes, pouring boiling water on him, beating him with a shower and fists all over his body, kicking his head and throwing on the furniture and floor.

Kamilka’s mother, 35-year-old Magdalena B., although she knew what her husband was doing, did not try to stop him in any way. Kamil ran away from home many times. According to the doctors taking care of him in the last days of his life, the boy had previously been neglected and malnourished. Otherwise, he would have had a good chance of surviving.

>> The abused child syndrome. “It was just begging for someone to look at this family”

They do not stop commenting after Kamil’s death. Victims ‘will be even more if we don’t change what doesn’t work’Facts after noon TVN24

Dawid B. was previously punished. He committed the acts for which he is currently responsible in the conditions of recidivism. The allegations against the man also include abuse with particular cruelty of the other stepson, 7-year-old Fabian B. The man and the mother of the deceased child are facing life imprisonment.

The drama of tortured Kamil lasted several years. Calendar of events

Main photo source: PAP/Piotr Nowak

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