Wednesday, Jun 18, 2008 - 06:30 PM 

By Parul Joshi
Eyewitness News 9

A custody battle has turned into a war between our state and Texas. A father from San Antonio claims the Carteret County Department of Social Services, is illegally holding his son. Now a Texas judge is ordering the agency to turn the boy over to Child Protective Services there.

Right now DSS refuses.

It was Easter vacation April 2006. Javan Smith says he and his autistic son then 7-year-old Joshua were visiting friends in Sampson County. One night during his stay he was called on a business emergency in Emerald Isle.

Smith says, "Not wanting to take my son out late at night and of course having a registered nurse, an off-duty police officer and 2 ordained ministers in the home I had no concerns that anything improper could happen to my son."

But smith claims in the middle of the night a Carteret County DSS worker took Joshua from the Sampson County home he was staying in. We asked Carteret County DSS Director David Atkinson why Joshua Smith was taken from his father. We expected a clear cut answer, what we got was anything but.

Atkinson says, "In the particular name you mentioned to me I cannot acknowledge that we have a child protective services case on anyone by that name."

Atkinson says federal and state laws prohibit from saying anything about any case but he did say in general if DSS decides a child is not safe in his or environment they take action.

The custody battle over Joshua has lasted for nearly two years and seemingly came to an end on June 13th when DSS did not appear with Joshua as instructed to argue their side of the case.

The case escalates with the Texas judge issuing a “writ of habeas corpus” in essence demanding dss turn over the little boy to child protective services in Texas.

But the ordeal is far from over as North Carolina has shown no signs of being willing to comply with the out of state order.

Atkinson says, "Another state wouldn't have jurisdiction over the case."

Julian says, "they have violated in North Carolina every single rule and regulation and procedure outlined in UCCJEA."

Smith’s attorney Pam Julian is referring to the Uniform Child Custody Jurisdiction and Enforcement Act and says if Carteret County DSS doesn't comply she says federal authorities will ultimately intervene and after two long years finally reunite little Joshua with his father.

The order gives North Carolina until June 25th to turn over Joshua to Texas Child Protective Services. If North Carolina doesn't comply the judge threatens to bring in federal authorities. Nine On Your Side will continue to follow this case.

http://www.wnct.com/midatlantic/nct/news/local_news.apx.-content-articles-
NCT-2008-06-18-0039.html

Emphasis added by H4K Editor