As of May 2009, Joshua Smith remains in the Temporary custody of NC Social Services, in violation of Federal and State Laws of NC and TX

April 20, 2006 - North Carolina Social Service Agency removed Joshua Smith, a resident of Bexar County, San Antonio, Texas, with Temporary Jurisdiction to investigate allegations of neglect and abuse.

June 13, 2008 - In violation of the UCCJEA, and against the San Antonio Court Order for NC to appear with Joshua, NC ignores all State and Federal Laws.
. A Writ of Habeas Corpus was ordered on June 16, 2008; no one has retrieved Joshua Smith

North Carolina's Second Court of Appeals ruled that NC does not have Jurisdiction,
WHY is NC allowed to illegally detain Joshua Smith?

September 15, 2008 - (PDF) -NC 2nd Court of Appeals Reversed and Remanded -
             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

Seven year-old Joshua William Smith, a child with autism, was asleep at 3 a.m. when Carteret County Social Services in North Carolina came to the home of a registered nurse to take Joshua from the only stability in his life, his father, Javan Smith. Joshua was placed in NC foster care, based on NC's temporary, emergency jurisdiction to investigate allegations of neglect or abuse. Joshua was in NC to attend the funeral of a friend's mother. When the caseworker arrived at 3 a.m., 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? 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 May 2008 report from the Guardian Ad Litem..Not once has evidence of abuse or neglect 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, (specifically Debra Gilmore, attorney for DSS) 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 (Egger Family) in Emerald Isle, stating they needed Javan's help to deal with the police in Emerald Isle. Javan left Cartaret County to assist the Egger family and arrived to find a police officer present. According to Javan and the registered nurse who was caring for Joshua, Javan sensed a "set-up," called the sitter, and told her to get Joshua out of her home because he felt the police and Egger's were setting him up, to allow DSS the time to take his son. This would seem to be the paranoia of a parent, but sensing a set-up is not paranoia when the set-up is real! According to the police report filed by Officer **NAME**, Javan Smith was arrested on April 20th for "Communicating Threats." Javan admits to becoming enraged when he realized the Eggers were working with the police officer in order to detain Javan, and to allow for Debra Gilmore, DSS Attorney, to illegally kidnap his son from the safety and nurturing care of a registered nurse. When the worker showed up around 3 a.m. to take Joshua Smith into DSS custody, a relative police officer was present in the home, due to the funeral earlier that same day. Although the sitter was a registered nurse, with a relative police officer present in her home, Social Services claimed that the child was being neglected. In the two years since Joshua was taken, no evidence of neglect against Javan Smith has been presented.

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. [..]

While in the care of North Carolina, Joshua's health is being neglected. He is autistic and requires a special diet, which he is not getting. There is also reason to believe that he is being abused by either his caretakers or other children in the facility. In the two years, he has been shuffled back and forth between North Carolina and Virginia, making visitation and adequate care impossible.

Friday, June 13, 2008 - A summons has been issued to North Carolina State Representatives to appear in Court with the child at a hearing that is scheduled in Bexar County Texas. The FBI has expressed an interest in assisting with the recovery, after an order is entered on the Habeas Corpus action.

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

Motion for 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.