1. General Provisions
These Standards for the Protection of Minors (the “Standards”) apply to BIOCELLS MEDICAL Sp. z o.o., KRS 0001099454, NIP 1133130802, Franciszka Klimczaka 8A, 02-797 Warsaw, Poland.
The Standards were developed in accordance with the Act of 13 May 2016 on preventing criminal threats related to sexual offences and the protection of minors, as amended by the Minor Protection Act (known as the “Kamilka Act”), effective 15 February 2024.
2. Definitions
- Abuse of a minor — any prohibited act or criminal offence committed to the detriment of a minor by any person, including a staff member, or any endangerment of a minor’s well-being, including neglect.
- Minor — any person under the age of 18.
- Management — the manager of the Clinic, their deputies, authorised representatives, and any individuals with decision-making authority.
- Staff — all persons employed, collaborating, or providing services at the Clinic who participate in delivering health services to minors or may have contact with them, regardless of profession or legal basis of employment.
- Employment — any form of cooperation based on an employment contract, appointment, designation, or civil-law agreement.
3. Scope and Responsibility
Every member of staff and management is obligated to comply with these Standards. The obligation extends to situations involving abuse by third parties or other minors.
Responsibility for implementing, monitoring compliance with, and evaluating the Standards lies with the manager of the Clinic. The manager delegates these tasks to Mr. Andrew Peskau, CEO.
4. Staff Verification Procedures
Before hiring any individual who will provide or participate in health services to minors, the Clinic is required to:
- Obtain information from the Sexual Offender Register to confirm the individual is not listed.
- Require a current certificate from the National Criminal Register confirming no convictions for offences under Chapter XIX (crimes against life and health) and Chapter XXV (crimes against sexual freedom) of the Penal Code, Art. 189a (human trafficking), Art. 207 (abuse) of the Penal Code, and the Act of 29 July 2005 on counteracting drug addiction.
- For foreign nationals: verify criminal records from their country of origin or last country of residence for equivalent offences. A statement of non-conviction may also be required.
Only individuals who are not listed in the Sexual Offender Register and who provide a clean criminal record certificate may be employed at the Clinic. The Sexual Offender Register is reviewed at least once per year (December) for all staff providing services to minors.
Every staff member must confirm familiarity with these Standards by signing a written statement upon hiring.
5. Principles of Safe Interaction with Minors
The fundamental principle guiding all interactions with minors at the Clinic is acting in their best interest. All staff and management must:
- Treat minors with respect, maintaining calmness and patience, and showing understanding for their difficulties, problems, and needs.
- Ensure the protection of patient rights of minors.
- Respect their right to care from legal representatives or actual guardians.
- Explain actions being taken in age-appropriate terms and seek consent for health services where possible.
- Allow minors to express their opinions and ensure their right to be heard.
Staff members who are aware that a minor has experienced physical, psychological, or sexual abuse must exercise particular caution and tact in all interactions with that minor.
6. Examination of Minors
- Consent for examining a minor must be obtained from an authorised person under Polish law, except in emergency situations.
- Examinations must be conducted in the presence of the minor’s legal representative, actual guardian, or — if not possible — another staff member.
- Privacy must be ensured in a manner appropriate to the minor’s age, needs, and expectations.
- Staff members must be attentive to risk factors and signs of abuse.
7. Prohibited Behaviours
The following behaviours are strictly prohibited for all staff members:
- 1.Any form of physical or verbal violence against minors, including aggressive physical contact, criticism, or offensive or discriminatory behaviour.
- 2.Touching minors in a way that could be misinterpreted or that exceeds a legitimate medical need.
- 3.Presenting minors with erotic, pornographic, or violent content.
- 4.Mocking, demeaning, or labelling minors.
- 5.Covert or hidden physical contact with a minor, contact involving any form of gratification, or contact arising from a relationship of power or authority.
- 6.Direct contact with a minor without the presence of their legal representative.
- 7.Engaging with a minor in any form other than providing health services — including inviting or accepting invitations from minors on social media, messaging platforms, or other private channels.
8. Intervention Procedures
8.1 Reporting obligations
In the event of observing or receiving information about:
- Active violence or exploitation — every staff member must immediately intervene to stop the behaviour and ensure the minor’s protection.
- Suspected abuse — every staff member must report it to the Clinic manager without delay.
- Violation of these Standards — every staff member must promptly report the suspected violation to the Clinic manager.
Reports can be submitted to Mr. Andrew Peskau or via email at info@biocellsmedical.com.
8.2 Investigation and response
- The Clinic manager initiates a prompt investigation upon receiving a report. All actions taken are documented.
- A staff member suspected of abuse is immediately removed from all contact with minors until the matter is resolved.
- If criminal proceedings are initiated against a staff member for relevant offences, they are suspended from all contact with minors. If convicted, their employment is terminated immediately.
8.3 Concerns involving legal representatives
If staff observe that a minor’s legal representative neglects the child’s needs, uses violence, or otherwise fails in their duty of care, the Clinic will take appropriate steps:
- Financial hardship — informing the representative about support options, including social assistance centres.
- Neglect — informing about psychological support resources, helplines, and local specialists.
- Violence — initiating the Blue Card procedure.
If the legal representative does not cooperate, the Clinic manager will submit a request for inspection of the family situation to the appropriate family court. If the health or life of the minor is in danger, a report on the possibility of a crime will be forwarded to the police or prosecutor’s office.
9. Support Plan After Disclosure of Harm
Following the disclosure of abuse, the Clinic manager establishes a support plan for the minor in collaboration with their legal representative (unless the representative is the perpetrator). Where possible, the minor’s opinion is heard and taken into account.
10. Protection of Minors’ Image
- Publication of a minor’s image (photography, video, or audio) requires written consent from their legal representative.
- No consent is required if the minor’s image is an incidental detail within a larger scene (e.g., a public event or group setting).
- Surveillance footage used for security purposes within the Clinic is not subject to publication and is used exclusively for its original security purpose.
11. Online Safety
The Clinic provides internet access on its premises. Network access is password-protected and configured to block access to pornographic, erotic, or violent content, gambling sites, and unmoderated chat rooms.
12. National Helplines
Information about the following helplines is displayed in the patient-accessible areas of the Clinic:
| Service | Number |
|---|
| National Helpline for Crime Victims | +48 222 309 900 |
| National Emergency Service for Victims of Domestic Violence “Blue Line” | 800 120 002 |
| Child and Youth Helpline | 116 111 |
13. Review, Updates, and Access
- The Clinic manager reviews the Standards at least once every two years to ensure they remain current and compliant with applicable law. Review conclusions are documented.
- Staff, minors, or their legal representatives may submit comments on the Standards to the Clinic manager.
- The Clinic manager may verify staff knowledge of the Standards and organise training as needed.
- These Standards are publicly accessible: at the Clinic office, at reception, and on this website.
- A printed copy is available at reception upon request. A shortened version containing information relevant to minors is available as a separate document.
14. Final Provisions
These Standards constitute internal regulations of BIOCELLS MEDICAL Sp. z o.o..
