WHERE IS JOSHUA WILLIAM SMITH?
- Joshua William Smith
War Between Texas and North Carolina
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, to be enforced by law enforcement in retrieving Joshua William Smith from NC and returning him to Texas. The Second Court of Appeals in North Carolina has ruled, “North Carolina does not have subject matter jurisdiction.” As of May 2009, Joshua Smith remains in the (UNLAWFUL) 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 that NC does not have Jurisdiction, WHY is NC allowed to illegally detain Joshua Smith? (The above portions, documents and pictures provided by http://hope4kidz.org)
Joshua William Smith, School Picture
To see the rest of the hope4kidz story on Joshua visit: http://hope4kidz.org/stories/joshua/joshua.html
Before CPS Custody
I was contacted by hope4kidz because they thought I might want to look at the documentation in this case and post this story on my blog, since I live in North Carolina and receive a lot of North Carolina visitors. After viewing the documentation in this case I must say that I am absolutely shocked that the Carteret County Department of Social Services and North Carolina Department of Health and Human Services has been allowed to get away with the Federal Kidnapping of Joshua!
I include the North Carolina Department of Health and Human Services as a responsible party in this case because they have an Principal/agent relationship with county offices. With the court action that has occurred in this case, North Carolina DSS surely knows what is occurring in their own state and has the power to order Carteret County to relinquish their illegal custody of Joshua. The courts here in North Carolina have found and held the North Carolina Department of Health and Human Services responsible for the actions of county offices, their agents.
Upon reviewing the documents in this case it is crystal clear that this child in being illegally detained by the State of North Carolina in violation of a Texas Court Order, state and federal laws.
Before CPS Custody
Here are the documents that I reviewed in order by the dates they were filed the links to the full pdf documents are in yellow:
Smith Javan – GAL Report from 5_16_08Amazingly in this document the GAL admits that Joshua’s environment is not stable….well North Carolina has had illegal custody of him for the last 2 years and 25 days at the time of her report, (over 3 years now) and according to the North Carolina Court of appeals Joshua has been in numerous placements since North Carolina illegally removed this child from his fathers care based on unproven and false allegations. So I would state that North Carolina DSS is responsible for the instability in this child’s life, as well as Joshua’s lack of an education…Click on the link for the GAL report above to see the full report. I hope everyone of you can realize how ridiculous this report is…everything that the GAL states in here as issues have been caused by the actions of North Carolina CPS.
At the time of this GAL report Josh had been out of the home 2years 25 days.
The GAL also states in this report that Joshua has only been in one placement, yet later states that he was in a foster home…
GAL Issues For The Court
This Report is Full of Contradictions!!!!
The GAL’s report is full of contradictions, they say Joshua won’t cooperate at school that is why his educational needs are not being met, yet further down the tutor states that Joshua’s behavior is not an issue….that the issue is that Joshua’s sessions are space too far apart to be effective for Joshua.
The County Cannot Meet Joshua’s Needs!!!
Right here proves that North Carolina’s Continuing “illegal” custody is not in Joshua’s best interested…they are illegally holding a child and damaging this child beyond repair. And the worse part about this, is that they know they are harming Joshua in this manner. They even admit it with this sentence.
Illegal Adoption Recommendation
When you do not have legal custody of a child, can you put them up for adoption? Is that what has happened to Joshua? To the adoptive parents, if there are any, “If you have adopted Joshua, please know that this is a illegal adoption and that Joshua needs to be returned to his family.” If you are the family who has adopted Joshua please visit the hope4kidz.org website and call their toll-free number.” Return Joshua to his rightful place!
Unanswered ASFA question
TXhabeas_order_Smith
Mother defaulted Custody
Jurisdiction of New York Became Null and Void When Mother dismissed New York CaseThe New York case had been dismissed, therefore Texas is the state with jurisdiction in this case, the father filed for and received sole, legal and physical custody of Joshua. In the above and below orders, the state of Texas issued orders to North Carolina to relinquish this child. Which to this date the State of North Carolina and Carteret County Department of Social Services has refused to do.
texas habeas corpus order_final
- Texas Finds North Carolina Guilty of Neglect and Abuse
Texas has found that Carteret County North Carolina is abusing and neglecting Joshua and that they are putting this child’s safety and well-being at risk. I wonder if there is a central registry for them? I have to wonder exactly where Joshua is, the Texas court found that Carteret County was purposely hiding Joshua from his father. At one point they had even sent him out of State to Virginia, so I have to ask, where is Joshua now? Is he in North Carolina or have they again sent him unlawfully out of state to further deny his father’s custody? Is Joshua even alive??? Where is this child and how long will it take before the FBI or the federal Government intervenes in this case and makes Carteret County give Joshua back and arrest the key players for their role in this federal crime.
Reason For Review The Court of Appeals found that Joshua had been in numerous placements over the years. Joshua is autistic and requires stability in order to thrive. In their desperate attempt to hide this child from his father, Carteret County DSS has caused severe emotional harm to this child. I honestly have to wonder if Joshua is returned home if he will ever be able to overcome the damage that North Carolina has caused him.
The North Carolina Court of Appeals has found that North Carolina DID NOT HAVE JURISDICTION!!! The Decision of the trial court was Reversed by the North Carolina Court of Appeals…Note that it could not be remanded for additional findings or a new decision because North Carolina does not have Jurisdiction over the child. Even with a finding by the North Carolina Court of Appeals, North Carolina Department of Social Services continues to illegally detain Joshua. North Carolina does not have the jurisdiction to continue to hold Joshua and keep him from his father, furthermore, since North Carolina lacks Jurisdiction over Joshua they cannot find him a abused or neglected child and place him into foster care. As it stands in this case, North Carolina DOES NOT HAVE CUSTODY OF JOSHUA WILLIAM SMITH and are, as a matter of law, holding him illegally…this is called kidnapping! If North Carolina does not have jurisdiction or custody of this child, are they also fraudulently receiving foster care funds, from the Federal Government for Joshua’s care as well as Joshua’s SSI for his disability. Because without jurisdiction and custody, North Carolina DSS and whatever county department who is now hiding Joshua from his father, are not entitled to any title IV funds or state funds for Joshua’s care, (this would also include medicaid and foster care subsidies, adoption subsidies and any other funds for his care) nor are they entitled to his SSI payments, if he receives SSI. If they are collecting these payments and funding for Joshua’s care they are committing fraud. I can almost assure you that they are receiving funding for Joshua’s care…. I repeat: Since North Carolina does not have legal custody of Joshua, as according to their own courts….they lack the subject matter jurisdiction to find Joshua abused or neglect, they also lack the subject matter jurisdiction to place his custody with DSS, adopt him out, place him out of state, place him in a group home, place him in foster care, or any other type of placement. To do so is illegal. The only legal avenue that North Carolina has is to obey the Texas Court and return this child to his fathers rightful custody and face the charges that should be brought against them for their federal kidnapping of this child. This is the transcript of a phone call between the registered nurse that Javan Smith had caring for Joshua and one of the DSS workers who came to the house at 3am to remove Joshua, based on allegations that his father had abandoned him. In this phone call the DSS worker admits that she did not see a reason to remove Joshua and tried to tell the other county that but they told her to pick up the child anyway. This is one of the last pictures that Joshua’s father has received of him. In this picture Joshua looks visibly upset and has what appears to be numerous, huge bruises on his right elbow and upper arm. I would say these bruises required medical attention, yet instead of taking Joshua to a doctor…they decided they would take his picture instead. If you will remember in the GAL report, it states that during the GAL’s visit Joshua had collided with another child and was crying. Joshua was told by “the care giver” at that time “that these types of things happen in life and there was no reason to cry.” I have to wonder if on the date that this picture was taken, if he was also told the same thing. Judging by the bruises that I see in Joshua’s arm in this picture not only did he need immediate medical attention…he had every right to cry, I would have and I am not an autistic child. The neglect, abuse, and kidnapping of this child by the Carteret County Department of Social Services and the aiding and abetting of these crimes by the North Carolina Department of Human Service CANNOT be allowed to continue another day. Return this child to his father, so that he may begin the process of healing from the abuse he has suffered at the State of North Carolina’s hands! I am asking everyone who reads this post to contact the national media about this case…direct them to my blog, have them contact me at my email address lawdoll1@gmail.com I will make sure that they see the evidence that proves Javan Smith’s case. We need to speak out about this now…if they are allowed to get away with this blatant disregard for the laws of this country, they will continue to break the law. One day it may even be your child kidnapped by this corrupt DSS.
