[excerpt]

ACT

of 13 June 2003

on granting protection to aliens within the territory of the Republic of Poland

[…]

Chapter 3

Proceedings related to a minor staying on the territory of the Republic of Poland without a legal representative

Art. 47.

1. The authority admitting an application for granting the refugee status submitted by a minor staying on the territory of the Republic of Poland without a legal representative, hereinafter referred to as „unaccompanied minor”, shall apply immediately to the court competent with respect to the minor’s place of residence, the motion for:

1) appointment of a guardian to represent the minor in the procedure for granting the refugee status;

2) placing the minor in the custodian–educational centre or in the centre for aliens applying for granting the refugee status, hereinafter referred to as the “centre”.

2. The President of the Office shall apply the motion referred to in sec. 1 if during the proceedings carried out by the President of the Office or by the Refugee Board information that an unaccompanied minor participates in the proceedings for granting the refugee status has arisen.

3. Until the date of rendering by the court the statement in case referred to in sec. 1 p. 2 an unaccompanied minor shall be placed in:

1) a custodian–educational centre – in case he/she is under 13 years old;

2) in the centre – in case he/she is over 13 years of age.

4. Any expenses connected with placing and stay of an unaccompanied minor in the custodian–educational centre shall be financed from the state budget, from the part of which the minister competent with respect to internal affairs the disposer, from the means being at disposal of the President of the Office .

5. An unaccompanied minor shall not be placed in a guarded centre or in the arrest for the purpose of expulsion.

Art. 48.

1. During the proceedings for granting the refugee status a custodian for an unaccompanied minorshall be appointed immediately.

2.The custodian shall exercise custody over the person and property of the unaccompanied minor, and in particular:

1) shall supervise the provision of such minor with appropriate accommodation conditions as well as access to education and medical care;

2) shall cooperate on the arrangement of the minor’s free time, including cultural, sport and recreation events;

3) shall grant assistance, in order to find the minor’s family members, in contacting national and international non-governmental organizations whose statutory aim is to act for the well-being of minors and refugees.

3. The custodian shall perform the tasks referred to in sec. 2, taking into account the best interests and opinions of the unaccompanied minor, as well as ethnic, religious and language reasons.

4. The custodian shall be appointed by the President of the Office from among officials of the Office, for the period up to the date of completion of the proceedings for granting the refugee status.

5. The custodian should have qualifications of a social worker, determined in the Act of 29 November 1990 on social assistance (J.L. of 1998 r. No 64, it. 414, as amended).[1]⁾

Art. 49.

1.In the procedures for granting the refugee status, the hearing of testimonies and explanations of an unaccompanied minor shall be effected:

1) in a manner considering the age of the unaccompanied minor, his/her maturity and mental state as well as the fact that his/her knowledge of the real situation in the country of his/her origin may be limited;

2) after providing him/her with the information on factual and legal circumstances which may influence the results of the proceedings for granting the refugee status;

3) after informing him/her about the possibility to make a request for being heard in the presence of a person indicated by him / her;

4) in a language understandable for him/her and, if needed, with the participation of an interpreter;

5) in the presence of:

a) a guardian referred to in art. 47 sec. 1 pt 1,

b) a custodian,

c) another adult, indicated by an unaccompanied minor, if it does not make difficulties in the proceedings,

d) a psychologist or a pedagogue, who prepares an opinion on a psychophysical state of the unaccompanied minor.

2. A course of activities referred to in sec. 1 may be recorded by means of an audio - video recording device, if there are no technical obstacles.

Art. 50.

The activities undertaken during the procedure for granting the refugee status with participation of an unaccompanied minor shall be carried out by a person who meets at least one of the following conditions:

1) has completed the master degree education at the faculty of law and has worked for 2 years in institutions dealing with child care;

2) has completed a master degree education or higher vocational education and has worked for 2 years in public administration and who has passed a training in the scope of carrying out the proceedings for granting the refugee status with participation of minors;

3) has completed a master degree at the faculty of pedagogy, psychology or sociology and has worked for 2 years in public administration.

Art. 51.

Provisions of art. 56 sec. 4 and art. 64 – 66 shall not apply to providing assistance to an unaccompanied minor applying for granting the refugee status.

Art. 52.

An unaccompanied minor, who has been refused granting the refugee status, shall be remained in the centre or shall be placed in the location, indicated for his/her stay by the custodian court competent with respect to a minor’s place of residence, until he / she is handed over to the authorities or the organizations of his/her country of origin whose statutory functions include issues of minors.

Art. 53.

The minister competent with respect to internal affairs, acting in consultation with the minister competent with respect to social security, shall specify by means of an ordinance, the conditions of accommodation of unaccompanied minors in the centre as well as standards of custody in such centres, taking into account the necessity to satisfy minor’s needs in a manner relevant to his/her age and psychophysical condition and compensating a lack of contacts with his/her natural family. The ordinance should specify in particular the conditions applying to the location of the centre, equipment of rooms therein, manner of placing minors in the centre and of exercising care over them.

[1]⁾Amendments of the unified text of the Act were published in w J.L. 1998: No 106, it. 668, No 117, it. 756 and No 162, it. 1118 and 1126, 1999: No 20, it. 170, No 79, it. 885 and No 90, it. 1001, 2000: No 12, it. 136 and No 19, it. 238, 2001: No 72, it. 748, No 88, it. 961, No 89, it. 973, No 111, it. 1194, No 122, it. 1349 and No 154, it. 1792 and 2003: No 7, it. 79 and No 44, it. 389.