Protection of unaccompanied children from Ukraine in Poland

Protection for Unaccompanied Children from Ukraine in Poland

Postulates of a cross-sector group of participants presented at the seminar organised on December 8th 
by ICMPD with Polish Migration Forum Foundation and Association for Legal Intervention under the project: Comprehensive support for people in a vulnerable situation in the Polish migration management system (KOMPLEKS).

The aim of the seminar was to support the exchange of knowledge and experience in providing assistance and protection to children separated from their parents and to unaccompanied children. The meeting was attended by representatives of NGOs, local authorities and academics who deal with the issue of unaccompanied children. In the course of the discussion, the group developed the following postulates:

With regard to the function of the institution of a temporary guardian:

• clear rules are needed for granting, revoking and monitoring of the role of temporary guardian (it is worth considering the adoption of a regulation stipulating who can become a temporary guardian and under what conditions, under what circumstances this role will terminate on its own and under what circumstances it can be revoked, as well as rules for monitoring the exercise of this role. Currently, there are cases where a guardian is appointed, for example, a boy for his underage girlfriend, or other cases where one guardian has a very large group of children in their care – such situations are conducive to abuse).
• there needs to be real oversight of how this role is performed. Currently, relevant institutions do not have the right tools to perform this oversight.
• it is worth considering limiting the guardianship in time – currently, guardianship is granted indefinitely, with no planned review/control path or revocation of this role in case of abuse. It may also be worth making it very clear in the legislation that in case the parent comes forward to claim the child, the role of the temporary guardian ends and the child is handed over to the parent (at the same time, provision should be made for situations where such an arrangement does not serve the best interests of the child).
• there is a need for a transparent system for collecting and monitoring data on children and guardians. The current system appears to be incomplete – some children are not recorded. There is also a practical issue with verifying that the guardianship records are up to date. There should be a database where it is possible and necessary to check whether a person is actually still entitled to act as a temporary carer for a particular child 

   

Regarding the situation of children who came to Poland from foster care:

• there is a need for a system/mechanism for children to become independent, including services for young adults with disabilities and diseases when they reach the age of 18 – currently young adults simply leave facilities (or in case of people with disabilities end up in another institution, usually a social welfare centre); the system does not offer them any help similar to the support offered, for example, to children leaving children’s homes. Such individuals are left to fend for themselves.
• there is a need to unify the standards of care provision, including the standard of care and funding – the current double standard is causing increasing tensions: Polish foster care legislation provides for, among others, restrictions on the size of the group of children entrusted to foster carers, there are restrictions on the age of children placed in facilities, while these restrictions are not applicable to children from Ukraine. In working with unaccompanied children, the issue of corporal punishment comes to light.
• monitoring of work/training for Ukrainian staff is needed – so that Polish regulations related to child welfare are still respected in institutions for Ukrainian children.
• it is worthwhile to establish a “divergence protocol” between the Polish and Ukrainian systems of working with unaccompanied children and to establish a common, mutually acceptable approach to issues that are understood differently. The current lack of honest conversation generates chaos and very inconsistent institutional action.

Education

• the subject of education for children arriving from Ukraine is immense – in Warsaw, more than half (52%) of the children remain outside the Polish education system. An online registration system for children’s education in the Ukrainian mode would be useful. Power cuts in Ukraine mean that remote education often does not work in practice.
• It does not exist, and there is a need for a system to share information and monitor whether a child from Ukraine who declares to be pursuing online education is actually learning.
• Children learning online also need contact with their peers, opportunities to integrate in both Ukrainian- and Polish-speaking groups, mental health support, contact with safe adults, and motivation to go outside.

Border traffic/crossing

• problems are generated by not allowing or hindering the entry into Poland of persons who left their children in Poland during previous stays in Poland (there are such cases). This is part of a broader problem: persons who are war refugees from Ukraine and who enjoy temporary protection in Poland under a special law after a short trip to Ukraine (not exceeding the 30 days allowed in the special law) are required by the Polish Border Guard to obtain a visa/stay permit or to fulfil the conditions for visa-free entry (without differentiating between war refugees and the complexity of their legal status and that of other persons). It helps to correctly formulate the purpose of entry (in connection with the war in Ukraine and the desire to enjoy temporary protection in Poland) and to have an electronic residence permit, diia.pl. However, it is not always possible to obtain it: there are refugee groups that cannot currently obtain diia.pl. Language difficulties may result in refugees not correctly formulating the purpose of their entry to Poland (and thus not fulfilling the entry conditions).
• changes to Ukrainian legislation (specifically, the law on the possible short leave for military personnel within Ukraine, passed on December 1st this year) may soon lead to even more widespread circular migration – in this case of women with children travelling to Ukraine for family reunification. It would be worthwhile for Polish legislation to take these changes into account.
• there is a lack of clear information for Ukrainian people, e.g. that in Poland you cannot leave your child in the care of the person from whom you are renting a room, etc. Polish law is often unclear to people from Ukraine.

In terms of under-researched groups:

• uniform rules should be sought for all children regardless of their nationality or how they came to be in Poland. Currently, foreign children from other countries do not enjoy the protection provided for Ukrainian children. This puts them at particular risk.
• the fact that children are left unattended by their parents/guardians after crossing the border is a problem (including child abandonment). Tools are needed to monitor whether guardians are actually caring for the child and to verify the quality of care.
• prevention of family separation – is needed. The circumstance of war and flight is traumatic for many parents. Some people are unable to cope with parenting and cannot take care of their children. Supporting such parents will help reduce the number of children abandoned in Poland, or taken away due to neglect or abuse.
• Missing from current legislation:
• strategies for the return of children to Ukraine (after the war, but also now, if such a decision is taken), e.g. whether the decisions that are issued towards children in Poland (if they arrived without such documents) will be recognised in Ukraine, how will groups of children residing in Poland return to Ukraine, etc.
• The seminar was attended by representatives:

A note following the meeting was taken by:

Agnieszka Kosowicz, a.kosowicz@forummigracyjne.org

Warsaw, 9 December 2022

The seminar was attended by representatives:

• Fundacja Polskie Forum Migracyjne,
• International Centre for Migration Policy Development (ICMPD),
• Stowarzyszenie Interwencji Prawnej
• Ministry of Welfare, Republic of Latvia,
• The Ministry of Labour and Social Affairs, Czechia
• Stowarzyszenie SOS Wioski Dziecięce w Polsce
• Caritas
• Fundacja Dajemy Dzieciom Siłę,
• Ośrodek Badań nad Migracjami Uniwersytetu Warszawskiego,
• Klub Inteligencji Katolickiej
• Fundacja Polki Mogą Wszystko,
• Helsińska Fundacja Praw Człowieka,
• Kancelaria Prezesa Rady Ministrów.