Legal framework defining the age of a minor patient Minimum age Legislative provisions define the minimum age of 13 only in respect of those minors who have been convicted as perpetrators of forbidden acts153. However, in case of minors demonstrating demoralizing behaviour there is no minimum age. This means that psychiatric hospitals may be facilities in which perpetrators of crimes who are more than 13 years old may be kept together with demoralized minors below 13 (skipping school, abusing taboo words, alcohol and drug abuse). Maximum age According to the law, a stay in a psychiatric hospital is terminated by statute if a minor turns 18154. A problem appears if, after turning 18, in doctor’s opinion, the patient still requires hospitalization and remains dangerous. In such case courts cannot extend the hospitalization period155. lack of legislation which regulates minor patients’contacts with individuals from outside the hospital (visits, telephone calls, letters) The Act on Patient Rights and the Commissioner for Patient Rights156 provides that a manager of a healthcare facility or a doctor authorised by him/her may limit patient’s rights in case of a risk of epidemics and due to patients’ health safety, and in case of the right to personal contact, telephone calls or letters – also due to the facility’s organizational capability. Other rules which could regulate visits or limitation thereof do not exist. Hospital directors – as in cases of body search and frisking – introduce such regulations in internal by-laws and procedures. ☞There is a need for statutory regulation of minor patients’ contacts with individuals from outside the hospital (visits, making telephone calls, letters). Every instance of limiting contacts with persons from outside the facility should be subject to court audit, which is important from the point of view of protection against arbitrary and unauthorized conduct of the facility management and prevention of abuse in this area. It is necessary to indicate assumptions based on which restrictions may be introduced, as well as a procedure to be followed in such situations. 153 154 155 156 62 Art. 1 §1.2 of Juvenile Delinquency Proceedings Act of 26 October 1982 (consolidated text in Journal of Laws (Dz. U.) of 2018, item 969). See a definition of „minors” Art. 1 (2)(1) of Juvenile Delinquency Proceedings Act of 26 October 1982, (consolidated text in Journal of Laws (Dz. U.) of 2018, item 969); a minor can be placed in the National Centre for Forensic Psychiatry of Minors (KOPSN) pursuant to Art. 12, Art. 25a and Art. 26 of that Act. On 31 January 2019 the Commissioner for Human Rights made a general intervention to the Minister of Health, in which he described a problem of a lack of systemic measures concerning the scope and forms of support for disabled children and youth who suffer from a mental crisis, and who, having become of age and having left the healthcare facility still require comprehensive and specialized support, and their families are not in the position to ensure appropriate attendance and therapy; see: https://www.rpo.gov.pl/pl/content/panstwo-nie-wspiera-rodzicow-dziecka-z-niepelnosprawnoscia-w-kryzysie-psychicznym-gdy-skonczy-18-lat. Article 5 of the Act on Patient Rights and the Commissioner for Patients’ Rights (consolidated text in Journal of Laws (Dz. U.) of 2019, item 1127 as amended). PART IV – Situation in places of detention