Safe Haven Act

On this 12^th day of June, Stardate 2002, The United Federation of Planets Ruling Council hereby adopts the following by unanimous acclamation. The purpose of The Safe Haven Act is to provide a safe and nurturing environment for children who have been victims of Physical, Sexual or Emotional Abuse. The Safe Haven Act empowers Starfleet as its enforcement arm. This Act will encompass all children in The Federation and supersede all Local and Planetary Regulations regarding these Children. The Federation Safe Haven Act allows for the immediate removal and placement of minor children because of imminent danger to said minor.

The following sections detail the scope and providence of The Act:

Administration

Article 1: Chain of Command:

(2) In conjunction with The Patriarch of Clan Short Under the auspices of Ambassador Sarek per Article 200

Article 2: Scope:

Covers all children of all known existing sentient races on all known and existing planets.

Section 2.1: Coverage is automatically extended to the children of all newly discovered races; including those of newly discovered planets belonging to United Federation of Planets members.

Section 2.2: All new members of The United Federation of Planets must be a signatory to The Safe Haven Act in order to qualify for membership in The Federation.

2.2(a): Exception – Planets whose existing laws preclude adoption of and abiding by The Safe Haven Act may choose to use Clan Short of Vulcan as their vehicle to rescue and care for at risk children

2.2(a) Subsection (i): Said planets must still abide by the relevant portions of Article Seven or as specified in Article 200 Sections 201 and 202.

Section 2.3: Any member planet or society failing to abide by or uphold the tenets and provisions of The Act will face sanctions as decided by the United Federation of Planets Governing Council. These sanctions may include any or all of the following:

Article 3: Purpose:

To insure now and in the future that all children in the United Federation of Planets are provided with a safe and nurturing environment, free of all physical, emotional, psychiatric and sexual abuse.

Section 3.1: To remove any and all children found in unsuitable environments and to place them with a person or persons in environments that are healthy, loving and nurturing.

Section 3.2: To provide all necessary medical, psychiatric and educational services to ensure the physical and emotional well being of those children through The Federation Department of Youth Services.

Article 4: Application

Section 4.1: All applications of The Safe Haven Act fall under the jurisdiction of Federation Youth Services.

4.1(c): All Divisional Heads and Planetary Divisional Heads are under the auspices of the Director of Federation Youth Services

Article 5: Referenced Acts

Article 6: Definitions

6.7(a): 'Parent' shall be used to designate any legally or culturally recognized individual or multiple individuals which are legally and morally primarily responsible for the health, care, and well-being of children

Article 7: Financial

Section 7.1: All Federation members are required to contribute to F.Y.S. at a rate of .05% of their Gross National Product

7.1(a): In-kind contributions are acceptable which meet all of the requirements of Section 7.2 inclusive

7.1(b): In- kind assistance may consist of facilities, staff, vehicles, food, clothing, or other material assistance

Section 7.2: In kind contributions may not exceed 75% of required contribution without prior approval of F.Y.S.

Section 7.3: A voluntary contribution of .025% of Federation Members GNP may be made to Clan Short of Vulcan to defray expenses incurred due to rescuing and housing seriously at risk children.

7.3(a): Contributions to Clan Short of Vulcan may be made at any Vulcan Embassy or Clan Short outpost.

Section 7.4: Federation Members using Clan Short of Vulcan as their primary method of fulfilling their obligations under "The Act" are required to contribute .075% of their GNP.

7.4(a): In-kind contributions are acceptable which meet all of the requirements of Section 7.2 inclusive with the exception that such contributions must be approved by an officer of Clan Short

7.4(b): In-kind assistance may consist of facilities, staff, vehicles, food, clothing, or other material assistance

7.4(c): In-kind contributions exceeding required contribution will only be credited at required amount.

7.5(a): Failure to comply with this section will be considered a violation of Article 2 and all penalties of said article will apply.

7.5(b): Planets or systems found to be using Clan Short over 80% of the time in a three year period will be required to meet the financial support requirements of planetary systems in Section 7.4 which exclusively use Clan Short to comply with this Act

Article 8: Transportation

Section 8.1: Whereas it may be necessary to provide transportation when removing abused children from their unsuitable environment Starfleet shall be tasked with providing all necessary transportation on and off planet.

8.1(a): Any transportation needs unable to be met by Starfleet are to be referred to the nearest Vulcan Embassy for assistance.

8.1(b): The safety and well being of any children needing transportation from an unsuitable or unsafe environment is paramount and takes precedence over all but Priority One Military Missions.

Section 8.2: Starfleet shall make every effort to provide F.Y.S. with appropriate transportation as soon as a suitable ship is available.

8.2(a): Supplementary transportation provided by Clan Short does not relieve Starfleet of the obligation to be the primary transportation provider for F.Y.S.

Article 9: Jurisdiction

Section 9.1: "The Act" supersedes all Local, Planetary and Interplanetary Laws and Regulations.

9.1(a): When a Local, Planetary or Interplanetary Law or Regulation provides equal or better protection for minor children, F.Y.S. will make the final determination of placement and whether "The Act" or Local Regulations will be used to assure the safety and well being of said children.

9.1(a) Subsection (i): Per Article 200 Clan Short has the same responsibility and authority to make said determination.

9.1(a) Subsection (ii): Article 200 establishes Clan Short's authority to overturn any such determination made by F.Y.S. if said determination is judged by Clan Short to not be in the children's best interest. Clan Short will then attain custody and either ensure suitable placement or adopt said children into Clan Short.

(1): Children adopted into Clan Short attain diplomatic status accorded active members of Clan Short automatically. As such they are protected by diplomatic immunity and all charges either planetary or interplanetary are null and void.

9.2(a): Security relating to the enforcement of "The Act", including the forced removal of at risk children, shall be provided by Starfleet or Federation Security Forces until F.Y.S. has a trained Security Force sufficient to fill it's needs

9.2(a) Subsection (i): Starfleet and Federation Security Forces are to continue to assist F.Y.S on an as needed basis.

9.2(b): Additional security may be requested from the nearest Vulcan Embassy when required.

9.2(c): Clan Short Security may enhance or replace F.Y.S. Security as necessary or required.

9.2(c) Subsection (i): Ranking Clan Short Security Officer shall make determination as to command of said joint security missions.

(1): In cases where it is impractical to determine jurisdiction in advance Clan Short will be assumed in command until such time as the ranking Clan Short officer releases command to the Federation.

(2): In situations where Clan Short Special Forces are involved Clan Short shall automatically be in command

9.3(a): Transfer of children from one foster home to another by F.Y.S on an as needed basis.

Indications Requiring Application of this Act:

Article 10: Improper Living Conditions

10.1(c): Failure to have available a permanent area where children can have reasonable privacy for a minimum of one hour a day.

10.2(a): Consistent infestations of living areas by lifeforms accepted by the local general populace as a health or sanitation nuisance

10.3(b): No dedicated facilities for cleaning of utensils used for eating or cooking

Section 10.4: Insufficient sustinance resulting in undernourishment, malnourishment or starvation

Article 11: Physical Abuse

11.3(a): Cowering, withdrawal, hiding behind people, or other behaviors known to be present in victims of abuse

11.3(a) Subsection (i): Requires verification by Vulcan Mind Meld or (as amended by Article 200) by Clan Short Trained Telepaths

(1): Authorized personnel shall verify on all reports submitted by Medical or Psychiatric personnel within 24 hours

Section 11.4: Visual or photographic evidence or observation by any Starfleet or Federation Employee per Article 68 or per Article 200 Clan Short Member is grounds for immediate removal and revocation of parental rights.

11.5(a): Intentional unprotected exposure to substances or situations known to cause grievous or fatal damage to the species of the child.

11.5(b): Long-term unprotected exposure to substances or situations which are known to result in fatality.

11.6(a): In all cases of repeated and/or habitual physical abuse, all children shall be immediately removed from the care-giver.

Subsection 1: Each repeated action of this offense is to be cumulative in the case against the care-giver; as the mental and physical effects are cumulative in the child or children.

Section 11.7: Use of special skills or uncommon techologies to restrain children

11.7(a): In all cases of telepathic, empathic, or technological restraint , all children shall be immediately removed from the care-giver.

Subsection 1: Each repeated action of this offense is to be cumulative in the case against the care-giver; as the mental and physical effects are cumulative in the child or children.

Article 12: Mental Abuse

12.1(a): Any physical or verifiable evidence of parent allowing a third party to perform said actions shall be equated to same person performing the action themselves

12.1(b): Sending children to a 'school' or 'camp' which performs such actions shall be constituted as parental acceptance as stated in 12.1(a)

12.1(c): Making children believe that there is only one religious or social belief system contrary to the actual status of same in the predominant societal structure of the local area.

12.1(d): Leaving the child in a state of confusion where there is no right and no wrong, only the parents statement(s) in the moment (Catch-22).

12.2(a): Deliberate isolation for purposes of depriving children of necessary social skills

12.2(b): Deliberate Isolation for purposes of indoctrination into anti social behaviors.

12.2(c): Any history of actions which prevent children from being afforded the same freedoms and opportunities afforded the general populace of the same age

Section 12.3: Depriving children of necessary interaction with close family members without justification.

12.3(a): Examples include Brothers, Sisters, Aunts, Uncles, or other relation recognized by the local society.

12.3(b): Justification of reason for separation subject to review of F.Y.S. and or Clan Short Patriarch.

12.4(a): Use of telepathic, empathic or telekenetic skills to enforce the care-givers will on the child.

Article 13: Sexual Abuse

All provisions under this article are grounds for immediate removal of said minor children upon presentation of physical evidence, Vulcan Mind Meld Report or Clan Short Telepathic Scan Report. Subsequent or in conjunction with said removal legal proceedings to revoke parental rights shall commence immediately and without fail.

Section 13.2: Prostituting own children to provide sexual gratification for self or others.

Section 13.3: Forcing children to perform sexual acts on themselves or siblings or other minor children.

Section 13.4: Acquiring and or distributing nude and indecent photos or holographs of nude minor children for financial or other gain.

Article 14: Medical

14.1(a): Using children as test subjects with out their knowledge or consent and or appropriate safeguards in place.

Article 15: Superceded

Article 16: Stalking:

Section 16.1: Definition: Stalking as defined in the Act is the act of unreasonable tracking and invasion of privacy of the subject in gross excess of the normal actions of a caregiver within the subjects societal age group.

16.1(a): Physical Stalking: Defined as unusual and unreasonable interaction in the daily activities of the subject in excess of the interaction performed by the average caregiver of other members of the subject's peer group.

16.1(b): Technological Stalking: Defined as the use of technological devices to intrude into and / or document for review the daily activities of the subject. Such use must be either:

16.1(b) Subsection (i): Technology designed for caregiver monitoring which is used above and beyond the purpose for which it was intended, producing an invasion of privacy which the technology was not intended to supply.

(1): Unless issued under medical or judicial order, technologies which are primarily designed for medical or law enforcement use shall be considered a violation of this Section if used by a caregiver.

16.1(b) Subsection (ii): Technology not intended for caregiver monitoring being used to monitor Subject.

(1): Technology developer statement of intended purpose as well as the societal general usage of the technology shall be considered as a basis for determination.

16.1(b) Subsection (iii): Technology used in a manner that it invades the privacy of the subject during events which are deemed personal moments for the majority of other subjects within the same societal age group.

16.1(c): Legally Defined Stalking: Stalking as defined within local, planetary, or Federation statutes shall be considered as included within this Section.

16.1(c) Subsection (i): In case of conflict, the definition which is most restrictive on the caregiver and / or is most protective of the privacy of the Subject shall be determined to have precedence.

16.2(a): Video or direct monitoring for other than medical reasons as directed in writing from a licensed Medical Professional during periods of the Subject's normal activities that are not normally viewed by caregivers in the same region for subjects of the same age group.

16.2(b): Monitoring of personal communications without legal order that are generally considered to be private under local customs and laws.

16.2(b) Subsection (i): Exception shall be made for limited monitoring which has been legally determined in the local region to be acceptable for the Caregiver to perform for the age group of the Subject.

16.2(b) Subsection (ii): Excessively and unreasonably requesting notification of and / or copies of communications from peers and / or persons whose employment requires direct communication with the subject shall automatically be considered a Violation.

16.2(c): Habitual Interference with the interactions between Educators and the Subject.

16.2(c) Subsection (i): Habitual unreasonable requests for information regarding the Subject's activities while in the care of the Educator, including but not limited to:

(3): Requesting Educational personnel engage in actions which would be in Violation of this Act.

(4): Appearing in person during educational sessions in excess of what is expected in the region for a caregiver to appear.

(a): Appearances which continually disrupt the normal educational process shall automatically be considered a Violation.

(b): Failure to comply with Educational Institution request to cease appearing shall automatically be considered a Violation.

16.2(c) Subsection (ii): False notification of Subject status. Any of the below are automatically a Violation.

(1): Informing Educational Institution that Subject has a Medical or Psychological issue without legally acceptable documentation to confirm same to induce release of information not normally provided by the Institution to Caregivers.

(2): Informing Educational Institution of a legal requirement for additional information on Subject without official Law Enforcement documentation or standing Legal Statute that requires that subject information be made available.

(3): Requiring Educational Institution or Staff of same to provide information about Subject outside of established and documented Institution procedures for doing same.

16.2(d) Subsection (i): Requests for information and / or interaction with peer group which is such that peers of Subject have their privacy violated.

16.2(d) Subsection (ii): Actions which cause a majority of the Peer Group of the Subject to cease or avoid interaction with Subject based on actions of Caregiver.

16.2(d) Subsection (iii): Monitoring of members of Peer Group in any way which is reserved for their own Caregiver exclusively.

16.2(d) Subsection (iv): Monitoring of any member of the Peer Group in any way that violates any provision of this Act.

Article 17: Other Abuse

17.1(a) Subsection (i): Slavery as defined under the Act is requiring children to perform tasks unpaid which by local or Federation ordinance (whichever is more stringent) require compensation in the local currency under normal circumstances.

(4): Physical or mental abuse threats or actions if child does not perform labor.

(1): Requiring child to perform job functions which are prohibited under applicable laws or statutes.

(2): Requiring child to work excessive hours as determined by customary Federation guidelines.

(3): Failure to compensate child with customary rate of pay for services performed.

Section 17.4: Parent involved in actions which place children's physical or mental health in jeopardy

Section 17.7: Failure to support children which have differing genetic makeup than what parent wants

Section 17.9: Children spend more than fifty percent of the year under the care of hired caretakers without parental involvement

Section 17.10: Consistent exposure of children to content or environments inappropriate for someone of their age group

Section 17.13: Genetic manipulation of a fetus to enhance or otherwise change their natural development

Section 17.14: Failure to support and help children develop genetic skills which are not present in the general population

Section 17.18: Requiring children to consistently care for siblings without supervision

17.22(a): Defined: Placing children in an enclosed environment which prevents them from interacting with other members of their species without local judicial involvement.

Article 18: Child Abduction

Section 18.1: Definition: The term child abduction conflates two legal and social categories which differ by their perpetrating contexts: abduction by members of the child's family or abduction by strangers:

Section 18.2: Parental child abduction: a family relative's (usually parent's) unauthorized custody of a child without parental agreement and contrary to family law ruling, which largely removes the child from care, access and contact of the other parent and family side. Occurring around parental separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family.

Section 18.3: Abduction or kidnapping by strangers (from outside the family, natural or legal guardians) who steal a child for criminal purposes which may include:

18.3(a): extortion, to elicit a ransom from the guardians for the child's return

18.3(b): illegal adoption, a stranger steals a child with the intent to rear the child as their own or to sell to a prospective adoptive parent

18.3(c): human trafficking, a stranger steals a child with the intent to exploit the child themselves or by trade in a list of possible abuses including slavery, forced labor, sexual abuse, or even illegal organ trading

Article 67: Reasonable proof of unsafe conditions

Section 67.4: Death or serious injury to sibling or other family member caused by conditions

Section 67.6: Testimony provided via Vulcan Mind-Meld or certified Vulcan trained telepaths.

Article 68: Substantiation of Physical Abuse or Threat thereof.

Section 68.2: Pictorial evidence backed up by sworn affidavits or Starfleet Officer.

68.2(b): Sworn affidavits of Medical Personnel responsible for treatment of individual in question.

Article 81: Abuse by Authorities

Section 81.1: Any action or misapplication of existing statutes that result in imminent danger or loss of freedom to children.

Section 81.2: Failure of the appropriate authorities to take the actions necessary to protect the children under their authority.

Section 81.3: Failure to use all of the available resources while performing their duties to the detriment of children

Section 81.4: Violation of Section 17.22 by persons who are designated by local populace as law enforcement officials

Section 81.5: Failure to follow directives issued by planetary or government officials to protect children

Section 81.6: Failure to use reasonable precautions to prevent additional injury to children

Section 81.7: Failure to contact higher authorities as stipulated in applicable regulations when children involved

Section 81.8: Failure to follow procedures stipulated in this Act in cases of danger to children

Section 81.10: Any actions or activities deemed to be in violation of any and all applicable statutes that could or would impair their ability to perform their duties to protect the children in their care.

81.10(a): Subornation - Authorities who have been induced to perform an unlawful act or act improperly

Section 81.11: Any activities or actions under this article are grounds for immediate removal of the affected children under the auspices of "The Act" and/or Article 200

Article 134: Suitability as surrogate parent

Section 134.1: Surrogate parents shall not be assigned without agreement of both the children and the parent

Section 134.2: Recommendations of local child welfare officials shall be accepted but shall not be the sole determining factor

Section 134.3: If F.Y.S. is unable to determine a suitable surrogate parent in a reasonable period Clan Short shall be contacted

Section 134.4: A nurturing and loving environment is and shall be the only determining factor when deciding placement of children.

Section 134.5: Financial status or ability to provide shall not be a determining factor in the placement of children.

134.5(a): Ability to care for children emotionally shall be the prime determining factor

134.5(b): Financial need shall be weighed when determining placement in order to determine necessary level of financial support or related job offers only

Section 134.6: Marital status, gender or sexual preference shall not be a determining factor in the placement decision.

134.7(a): A Starfleet officer which performs an extraction and becomes bonded with the children shall receive the same consideration as a civilian

134.7(b): Starfleet shall make appropriate concessions in such situations to ensure minimal separation of Officer and Children

(1): Starfleet shall immediately develop and implement procedures to allow for officers and enlisted personnel to care for their family while deployed

134.7(c): Enlisted personnel shall receive same treatment as commissioned officers

134.7(d): Commanding Officer required to verify placement will not adversely affect candidate's job performance

134.7(e): Children shall be involved in all stages of placement and verification to assure they accept the environment which they will be required to live in

134.7(f): Judicial authority in the Starfleet officer's home state or province to verify suitable accommodations

134.7(f) Subsection (i): Except in Emergency Conditions then Federation Youth Services or Clan Short (See Section 200) recommendations override.

134.8(a): The practice of basing adulthood on physical age alone is an outdated practice which shall no longer be accepted

134.8(b): It has been proven that emotional and psychiatric development is not consistent with physical age

134.8(c): As such, emotional and psychiatric maturity shall be the basis for determining apparent age

134.8(d): Apparent age shall be used as reference for notation of age during prospective parent screening

134.8(e): Children's wishes shall be taken into account and given a high priority unless there are other physical factors which absolutely prevent it

134.8(f): If underage prospective surrogate parent meets all qualifications for emotional support and recovery assistance for the children but is unable to financially support the children even with assistance from F.Y.S. Clan Short shall be brought in to provide assistance

134.8(g): A prospective Surrogates legal age shall not be the sole determining factor for rejection of said application.

134.8(h):If prospective Surrogate Parent meets all other suggested requirements then the following must be taken into account before a final determination is made

134.8(h) Subsection (ii): Support network – family, co-workers, and neighbors.

(1): When prospective parent is elder sibling wishes of minor siblings must be weighed.

Article 135: Placement

Section 135.1: Placement with family member or close relations shall be considered only if in the best interest of the affected minor children.

135.2(b): Placement with a family member shall not be considered as an option solely to expedite placement.

Section 135.2: Non Separation - Every conceivable effort shall be made that siblings are not separated and deprived of their shared familial comfort.

135.2(a): If an existing elder sibling wishes to attain or return custody of said minor family members and said minor family members along with F.Y.S. agree that such placement is to the benefit of all parties, then such placement shall be made.

135.2(b): Article 134.02 shall be construed to mean that if the elder sibling is unable due to financial status to provide appropriate accommodations, F.Y.S. shall provide such assistance as necessary to provide appropriate accommodations.

135.3(a): While same planetary placements are preferred they are not a requirement of "The Act" they are only done when they serve the best interests of said minor children. In cases where suitable same planet placement is impossible or undesirable Off or Non Planetary placement may be required. Such placements may consist of the following:

135.3(a) Subsection (ii):Planet(s) with a large population of genetically and culturally related populace.

135.3(a) Subsection (iv):Any suitable family on any planet qualifying under Section 2 and Section 134

Amendments:

Article 200: Clan Short Provision

Section 200.1: Clan Short was added as an adjunct to "The Act" at the request of the Vulcan High Council

Section 200.2: Clan Short of Vulcan was created at the bequest of Ambassador Sarek of Vulcan and approved by the Vulcan High Council.

200.2(a): Clan of the Family of Sarek of the House of Surak of the planet Vulcan

200.2(b): Clan Short is sponsored by and is under the Diplomatic Immunity of the Vulcan High Council.

Section 200.3: Clan Short has been tasked by Ambassador Sarek and the Vulcan High Council with the mission of rescuing at risk kids where the existing systems are too slow or there is not enough time to go through normal channels

Section 200.4: Clan Short is also the vehicle for the apprehension and punishment of perpetrators of crimes against children.

200.4(a): Clan Short in conjunction with Ambassador Sarek shall have sole and final determination over which legal system shall oversee punishment of those apprehended.

201.1(a): Any member planet or associate member planet of the Federation qualifies for Clan Short assistance

201.1(b): Non-Federation planets and systems may receive assistance on an as-needed basis only if approved by the Patriarch of Clan Short or his designated representative

201.1(c): Permanent assistance to non-member planets may only be provided under treaty signed and sealed by the Patriarch of Clan Short

Section 202: Planets choosing to use Clan Short of Vulcan in lieu of the "The Act" must still comply with Article Seven of said act and all other provision declared necessary by The Patriarch of Clan Short of Vulcan or any authorized officer of Clan Short of Vulcan acting on his behalf

202.1: Non-Federation planets shall comply with all other provisions of this Act unless specifically excluded by reference in treaty signed and sealed by Patriarch of Clan Short

Section 203: The Patriarch of Clan Short will make the final determination on all matters falling under the purview of Clan Short.

Section 203.1: The decisions made by the Patriarch of Clan Short may only be overturned by Ambassador Sarek or The Vulcan High Council.

Section 203.2: The decisions made by duly empowered members of Clan Short shall be construed as coming from the Patriarch himself and have the force of his word.

203.2(b)Lieutenants of Clan Short, Division Heads, and Lieutenants of Divisional Heads.

Section 203.3: In the absence of F.Y.S. Personnel and an emergency placement of a child needs to be made and there is a suitable placement available. Clan Short may and shall act as officers of F.Y.S.

203.3(a): Specifically in cases where it is unnecessary or impractical for Clan Short to assume custody

This Act known as the "Safe Haven Act" is hereby unanimously accepted and approved by the United Federation of Planets council including any and all amendments as of the dates listed with each amendment. Failure of a specific situation to be listed in this document does not exclude such situation from falling under the coverage of this document if existing Articles can be inferred to cover the appropriate response. The Federation Council with the seal below hereby states that the children of the Federation are our most valuable resource and authorizes the entities empowered by this Act to ensure that protection of that resource is a Priority One action.

This site and all contents are © Copyright 2002-2013 Clan Short Universe Productions. The 'Safe Haven Act' is © Copyright 2002-2013 Clan Short Universe Productions and TSL. The 'Clan Short Charter' is © 2002-2013 Clan Short Universe Productions and D&B. All rights reserved. CSU authors are authorized to maintain local copies of the documents on this site on their local computer for the purpose of reference while engaging in the production of creative works based in the Clan Short Universe. All other uses, distribution, or reproduction is expressly prohibited without the written consent of an officer of CSU Productions. The 'Safe Haven Act' and 'Clan Short Charter' are works of fiction. Names, characters, places, and incidents are either the product of the author's imagination or are used fictitiously, and any resemblance to actual persons, living or dead, events, or locales is entirely coincidental. All characters and references to STAR TREK are © Paramount Pictures Corporation. Since we are not making a profit from these stories, we believe that it is okay to use the characters in these works of fiction.

United FederationOf Planets

Federation Council

Safe Haven Act

The following sections detail the scope and providence of The Act:

Administration

Indications Requiring Application of this Act:

Amendments:

United Federation
Of Planets