War Between Texas and North Carolina

Joshua Smith, 10, A Boy Without a Home

For THREE years North Carolina refuses to Obey the State and Federal Codes of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), and ignores Orders from Texas Judges to Return Joshua William Smith, a Texas resident. Texas District Court Granted a Writ of Habeas Corpus, with a Writ of Attachment, authorizing law enforcement, District Attorney, FBI, or U.S. Marshals to "produce the body" of Joshua William Smith in NC and returning him to Texas. The Second Court of Appeals in North Carolina has ruled, "North Carolina does not have jurisdiction in the custody of Joshua Smith."

Caseworker's recollection of the evening of April 20, 2006. She told the supervisor that Joshua was in the care of an experienced nurse, and a relative police officer was present; Joshua was safe. What other motives caused Cartaret County to go into Sampson County and remove a child from the bed in which he lay sleepin?

As of May 2009, Joshua Smith remains in the Temporary custody of NC Social Services, for over THREE years, in violation of Federal UCCJEA and the state laws of NC and TX, cited throughout the linked court documents below. If you read the most recent Appellate court ruling, you will know the NC court's opinion, based on cited case law, in determining that North Carolina does not have jurisdiction over the custody and care of Joshua William Smith..

North Carolina's Second Court of Appeals ruled NC does not have Jurisdiction,

September 15, 2008 - (PDF) - North Carolina Second Court of Appeals
             Reversed -
            
            Not Remanded Because: NC does not have Subject Matter Jurisdiction.

June 27, 2008 - First Supplement To Writ of Habeas Corpus

June 26, 2008 - North Carolina to Review Writ

June 16, 2008 - Writ of Habeas Corpus Granted by Texas Court

June 13, 2008 - NC to appear on Motion for Writ of Habeas Corpus

May 8, 2008 - NC Guardian Ad Litem Report

Click For Video KENS4 San Antonio, TX

Click For Video WNCT NC

Three years ago, North Carolina Dept. Social Services took Temporary Emergency Custody (under the UCCJEA) of seven year-old Joshua William Smith, a child with autism, as he lay sleeping in the home of a registered nurse. At 3 a.m., Joshua was placed in NC foster care, based on NC's temporary, emergency jurisdiction to investigate allegations of neglect or abuse, and ludicrous allegations of abandonment, (leaving Josh in the care of a registered nurse). Joshua was with his daddy in NC, during Spring Break, and attended the funeral of the nurse's mother. When the caseworker arrived at 3 a.m., on April 20, 2006, she did not want to remove Joshua because he was asleep, in the care of an experienced nurse, and a relative police officer was present. How much safer must a child be? The caseworker was not informed that Joshua is a child with Autism, and she feared he would not be safe in the car. She called the supervisor and explained that Joshua was safe and sound asleep, in the care of a nurse with a relative present who is a police officer. Joshua was removed and for three years, he has been wrongfully held in NC foster care. (Source: NC Second Court of Appeals.) Hope4KidZ is aware that there are children who are abused by parents, and Joshua Smith was not one of those children, until he entered foster care, based on the numerous court filings and the report from May 8, 2008 - NC Guardian Ad Litem Report. Not once has evidence of abuse or neglect of Joshua by his father been presented to any court. Texas and North Carolina Courts have repeatedly ruled that the state of NC's temporary emergency jurisdiction ended at least two years ago. Since that time, Joshua Smith has been illegally detained, caught in a web of lies and legal maneuvering by adults who do not have Joshua's best interest ANYWHERE in the decisions made. The worker did not want to remove Joshua from the safe home in which the child slept; however, the NC Dept. of Social Services, in Carteret County, had planned this illegal and unjust removal in a manner in which is rarely so easily verifiable. Javan and Joshua Smith were in NC to attend the funeral of the nurse's mother. Javan Smith received a phone call from employees in Emerald Isle, stating they needed Javan's help to deal with the police in Emerald Isle. Javan left Sampson County to assist the employees, and arrived to find Officer Reese present. According to Javan and the registered nurse who was caring for Joshua, Javan sensed a "set-up," called the sitter, and told the nurse to get Joshua out of her home because Javan felt Officer Reese was using his employees to set him up. With Javan in jail, DSS initially stated, "Javan had abandoned Joshua." This would seem to be a paranoid parent, but sensing a "set-up" is not paranoia when the set-up is real. According to the police report Officer Reese filed on Joshua's father, the evening of April 20, 2006, Javan was arrested for "Communicating Threats." Javan admits to becoming enraged when he realized the employees were working with Officer Reese in order to gain access to Joshua. When the worker showed up around 3 a.m. to take Joshua Smith into DSS custody, Joshua was in the care of a registered nurse and a relative police officer was present, due to the funeral earlier that same day.. April 20, 2006 - North Carolina Social Service Agency removed Joshua Smith, a resident of Bexar County, San Antonio, Texas, having Temporary Jurisdiction to investigate allegations of neglect and abuse. Although the sitter was a registered nurse, with a relative police officer present in her home, Social Services claimed Joshua was abandoned/neglected by Javan Smith. In the three years since Joshua was taken, no evidence of neglect against Javan Smith has been presented, and had Officer Reese not created a problem in Emerald Isle, Javan would never have needed to leave his son for a few hours. During this same three years, according to the guardian ad litem's report, NC has neglected Joshua's education, socialization, and the school has refused Joshua Smith, a child with disabilities, the right to a Free Appropriate Public Education.

May 8, 2008 - NC Guardian Ad Litem Report

II. THE NEEDS OF THE JUVENILE
"Joshua’s basic needs for food, shelter, clothing and safety are being met but he needs a more aggressive education and socialization plan."

III. THE AVAILABLE RESOURCES WITHIN THE FAMILY AND COMMUNITY TO MEET THOSE NEEDS:
"At the current time there are insufficient resources available in this county to meet Joshua’s needs."

IV. ISSUES FOR THE COURT’S ATTENTION:
1. Joshua’s history of an unstable environment, lack of education and behavior and socialization problems.

• NOTE: “While in the custody of Petitioner (NC DSS) over the course of these proceedings, the juvenile has been placed in a series of treatment facilities including:
1) The John Umstead Hospital in Butner, North Carolina,
2) The Yahweh Center in Wilmington, North Carolina,
3) Holly Hill Hospital in Raleigh, North Carolina, the
4) Pines Residential Treatment Center in Norfolk, Virginia, and
5) Therapeutic foster homeS in North Carolina” (North Carolina Court Of Appeals, 16 December 2008).

2. Unwillingness of the school to provide a better academic program in parallel with behavior management and socialization training.

IV. RECOMMENDATIONS TO PROTECT AND PROMOTE THE BEST INTEREST OF THE JUVENILE:

1. DSS should continue to have custody of Joshua with placement authority. 2-9. [..]

Josh w/ Private Teacher

Josh, Daddy, and Bumper Cars

While in foster care in North Carolina, Joshua's health and education is neglected. He is autistic and requires a special diet, which he is not getting. There is also reason (pictures showing Josh in pain, and pictures of red marks and Josh crying) to believe that he is being abused by either his caretakers or other children in the facility. In the three years since DSS took Joshua, he has been moved to at least five different facilities, and an unknown number of foster homes in North Carolina and Virginia.

Friday, June 13, 2008 - Previously, a summons was issued to North Carolina State Representatives to appear in Court with Joshua Smith, to attend the hearing in Bexar County, San Antonio, Texas.

The Autism Society of Greater San Antonio, which provides services, advocacy, and support for 6,000 area adults and children affected by Autism IS able to provide services required to assist Joshua Smith.

Order of Habeas Corpus (PDF)

Previous Ruling IN THE SUPREME COURT OF TEXAS, Writ of Mandamus

Describes the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), a uniform State law designed to deter interstate parental kidnapping and promote uniform jurisdiction and enforcement provisions in interstate child-custody and visitation cases. The UCCJEA was approved in 1997 by the National Conference of Commissioners on Uniform State Laws; as of July 2001, 26 States had adopted the law. This Bulletin provides current information about the UCCJEA to legislators in States considering its adoption and to parents and practitioners in States that have already adopted the law. The legal background, underlying rationale, applicability, and jurisdictional provisions of the UCCJEA are discussed.
(NCJ 189181) December 2001, Bulletin, 16 page(s) - Hoff, P.