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State of North Carolina Investigated for Illegally Imprisoning an Autistic Child While on Vacation |
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June 11, 2008 |
Bexar County, TX - - June 11, 2008 - - Javan Smith, a father from Texas has been fighting for two years to recover his son who was detained April 20, 2006 by the Social Service Agency in North Carolina while on Easter vacation.
Joshua William Smith, then seven years old, was being baby sat by Javan’s girl friend when Carteret County Social Services came to the house and took the child. Although the sitter was a registered nurse, Social Services claimed that the child was being neglected. In the two years since Joshua was taken, no evidence of neglect has been presented. The initial DSS caseworker who took Joshua was later found to be associated with gang related activity.
At one time Javan and Joshua resided in North Carolina; however, they had moved to Bexar County, Texas, where they maintained their permanent residence. The child’s biological mother is located in western New York. She is not and never has been a resident or present in North Carolina.
After North Carolina took Joshua into custody, Javan Smith filed an original suit in Texas, asking that he be appointed the child's sole Managing Conservator. This was a suit between the two parents. Even though Carteret County Social Services was not made a party to this suit, they were notified of its filing. Neither the mother nor North Carolina made an appearance in the Texas suit. Javan was awarded sole custody of his son. During this time, North Carolina moved Joshua to a treatment facility in Virginia.
When Javan Smith took the Texas order to Virginia to recover his child, the state of Virginia moved Joshua back to North Carolina in order to obstruct the Texas court order.
Their current claim appears to be that the State of Texas cannot provide adequate education for children, and that as a basis for their claim, they state that Texas residents must register their children in North Carolina public schools, and any Texas resident visiting or passing through the state must establish and maintain a permanent residency in North Carolina.
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.
A summons has been issued to North Carolina State Representatives to appear in Court with the child on Friday, June 13, 2008 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.
Javan Smith is the Executive Vice President for the Autism Society of Greater San Antonio, which provides services, advocacy and support for 6,000 area adults and children affected by Autism.
Case Numbers:
Petition for Writ of Habeas Corpus AND Writ of Habeas Corpus: 2008CI08302
http://www.massmediadistribution.com/2008CI08302.pdf
Media Contacts:
Pamela R. Julian
Attorney
Phone: 210-735-4910
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Javan P. Smith
Father
210-319-9380
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Press Release Summary
Javan Smith, a father from Texas has been fighting for two years to recover his son who was detained April 20, 2006 by the Social Service Agency in North Carolina while on Easter vacation.
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