Poland advances legal reforms for family curators and social insurance

The Polish Ministry of Justice is developing a new law regarding enforcement proceedings in family and guardianship matters. The reform aims to consolidate scattered regulations and grant professional family curators the status of enforcement proceeding bodies, a role currently held by criminal curators.

Under the proposed changes, curators would gain expanded powers, including the ability to request information from schools, nurseries, police, prosecutors, and medical entities. They would also be permitted to check the criminal records of individuals living with a child. Furthermore, the project allows curators to enter homes to inspect premises and check on children if they suspect abuse, though they cannot remove a child from a family without a court order.

Separately, the Ministry of Family, Labour and Social Policy is introducing regulations to improve the handling of social insurance cases. The new rules will allow courts to overturn incorrect decisions made by the Social Insurance Institution (ZUS), such as when procedural rules are violated or when proceedings are dismissed without a substantive ruling. To prevent repetitive errors, courts must provide specific instructions when sending a case back to ZUS for reconsideration. In cases involving a first decision on a benefit, courts will generally decide on the entitlement directly to expedite the process.