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Tuesday, April 23, 2024

Kamilek’s Act comes into force. Which assumes

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The new regulations in the Family and Guardianship Code, in force since Thursday, are intended to provide greater protection for minors who have become victims of violence. The amendment to the regulations was created after the tragic death of eight-year-old Kamilek from Częstochowa, who was tortured to death by his stepfather.

The new regulations aim to provide protection for minors who have become victims of violence. Some of the provisions of the Act have been in force since August 29 last year.

The children will have their representatives

One of the changes assumes that if a child has been a victim of a crime and neither parent can act on his or her behalf, the court or prosecutor will request the guardianship court to immediately appoint a representative of the child.

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– Until now, the person representing children when they could not be represented by one of their parents was the curator. The regulations introduce changes in this area and now it will be the so-called child’s representative. In my opinion, the change is very important, because until now the curator was appointed from the list of lawyers or legal advisors, said lawyer Anna Copp.

She pointed out that the child would be represented by lawyers and legal advisors who would have “appropriate preparation” to represent minors.

Szymon Widera, deputy director of MOPS in Sosnowiec, emphasized that people who will work with children in the future must be verified. – The requirements only for social workers do not change. For many years, there has been something called the Child-Friendly Patrol in Sosnowiec. It is an entity in which MOPS employees, social workers and a policeman patrol our city and check anonymous reports of potential violence, he said.

Deputy director of MOPS in Sosnowiec about the Kamilek ActTVN24

What does the amendment called the Kamilka Act provide for?

The amendment changes the provisions regarding hearing the child. It will be possible to perform it once during the proceedings, unless the best interests of the child require this action to be repeated or the child itself reports such a need. The re-hearing will be conducted by the same court unless it is impossible or the welfare of the minor does not prevent it.

In turn, the Act on Counteracting Threats of Sexual Crime includes a new chapter on standards for the protection of minors, which include, among others: kindergartens, schools, educational institutions, psychological and pedagogical counseling centers, but also entities providing hotel and tourist services. Their directors must ensure that certain standards are implemented. The Act, among others, expands the list of entities that will be subject to the obligation to verify their associates using the register of sex offenders. This is primarily about establishing an employment relationship and allowing other activities related to, among others, with the upbringing, education, recreation, treatment, practicing sports of minors or with their care.

The changes also assume the implementation of the so-called procedure Serious Case Review, i.e. the obligation to analyze the most serious cases of violence against children. The Act equips participants in the intervention carried out pursuant to Art. 12a of the Act on Counteracting Domestic Violence into an additional tool: a questionnaire for assessing the risk of threat to a child’s life or health.

Justyna Suchecka o "Kamilek's Act"

Justyna Suchecka about “Kamilek’s Act”TVN24

From Thursday, entities covered by the act will have six months to introduce changes and comply with the standards resulting from it. The changes that had already entered into force obliged judges adjudicating in family and guardianship law cases to participate in specialized training. The aim of these trainings is to increase judges’ ability to recognize the symptoms of child abuse and to ensure the child’s well-being in the event of a dispute between parents or guardians.

The act also provided the basis for the establishment by the Minister of Justice of the Team for the Protection of Minors, which will include, among others: representatives of government institutions (including the National Council of Curators), scientific communities, non-governmental organizations, churches and religious associations.

Death of tortured eight-year-old Kamil from Częstochowa

Eight-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: sitting 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 him in the head and throwing him against furniture and the floor.

They remain silent on their comments after Kamil's death.  Victims "there will be even more if we don't change what isn't working"

They remain silent on their comments after Kamil’s death. “There will be even more victims if we do not change what is not working”Fakty po Południu TVN24

Kamilek’s mother, 35-year-old Magdalena B., even though she knew what her husband was doing, did not try to stop him in any way. Kamilek ran away from home many times. According to the doctors caring for him in the last days of his life, the boy was neglected and malnourished. If not for this, he would have had a good chance of surviving.

Dawid B. had a previous conviction. He committed the acts for which he is currently responsible when he was a recidivist. The charges also include particularly cruel abuse of the second stepson, 7-year-old Fabian B. The man and the mother of the deceased child face life imprisonment.

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

Main photo source: Shutterstock



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