Polish children remain legally obligated to pay for relatives’ stays in social care homes, despite government commitments to change the law.
Legal Framework
Article 61 of the Act of March 12, 2004 on social assistance regulates payment obligations for stays in social care homes (DPS). According to this provision, the resident bears first responsibility, followed by their spouse, descendants (children, grandchildren), and then ascendants (parents, grandparents). This means minors can be charged alongside adults for relatives’ care.
Children’s Rights Advocate Intervenes
In May 2025, Poland’s Ombudsman for Children (RPD) intervened in a case where a child was obligated to pay for a grandparent’s DPS stay despite not knowing the relative. Monika Horna-Cieślak appealed to the Ministry of Family, Labour and Social Policy to amend Article 61 to exempt children from these payments.
Government Promises Reform
Undersecretary of State Katarzyna Nowakowska acknowledged the problem and announced plans to change Article 61 so that only adults would be obligated to pay for social care home stays, seemingly promising relief for children.
Reform Draft Omits Child Exemption
However, when a draft amendment was entered into the government’s legislative work schedule in October 2024, it only expanded the list of obligated persons to include those who received property in exchange for care. The exemption for children was notably absent from the proposed changes.
RPD Seeks Clarification
The Ombudsman for Children has now requested clarification from the ministry on the status of promised reforms, emphasizing that legislative amendment is the only way to completely exclude minors from payment obligations for family members’ social care home stays.
