In accordance with Polish legislation a separated child submits her/his application for the refugee status to a unit of the Border Guard at the Polish border or in a scope of the city of Warsaw or in a guarded center. During admission procedures the representative of the Border Guard conducts an interview with a child. The Border Guard immediately applies to a custodial court - with respect to a child’s place of residence - for two decisions: the appointment of a guardian who will represent a child in the procedure for granting the refugee status, and for placement of a child in a care-educational center. If a person appeared as a minor during procedure, the Head of Office for Foreigner is responsible for applying to a custodian court. The Border Guard brings a separated child to a care-educational centre or to professional foster family - non-related with the child - functioning as an emergency shelter in crisis situations. A separated child asylum seeker, shall not be placed in a guarded center or in an arrest for the purpose of expulsion. Based the agreement between the Office for Foreigners and the Municipality of Warsaw, separated children asylum seekers are transferred to Children’s Home Number 9 in Warsaw. They are accommodated in rooms on the first floor of the building while Polish children are accommodated in another part of the building and compose a separate group; however, Polish children are not isolated from foreign children.
Separated children in irregular situation
The Act of 13 of June on Aliens regulates proceedings related to separated children in irregular situation. When Police or Border Guards detain a separated child in irregular situation, they shall immediately request from a custodian court a jurisdiction over the place in which a child stays. Also, they shall immediately request appointment of a legal guardian to represent a child in a deportation procedure, and placement of a child in a care–educational center or in a guarded center. Contrary to separated children who apply for the refugee status, separated children in irregular situation can be placed in a guarded center. The custodian court decides on the kind of facility which the child shall be placed in. Poviat social units (MunicipalityCenters of Social Care or PoviatCenters of Family Support) decide in which particular educational-care center a child will be accommodated. There are no special educational-care centers for foreign children. At the same time, the detaining institution shall apply to Voivode (a representative of government administration in a region) for the issuance of the expulsion order. The detaining agency should also contact the relevant consulate.
Age assessment
In cases where the separated child’s age is uncertain, a medical age assessment can be carried out if a child agrees to the Border Guard’s request. The result of an examination shall indicate the age of a minor and determine a margin of error. If a minor does not agree to a medical examination, she/he shall be considered to be an adult.Border Guard and the Head of Office for Foreigners are responsible for the organization of the medical age assessment.
In , there are three methods of medical age assessment: teeth examination, X-Ray of wrist, and genital examination. The examination must be carried out by a doctor; however, there are no specific requirements which method of medical age assessment should be used and which qualifications the doctor should have.
