How can CPS keep a child in custody when courts have ordered three times for the child to be released? Why isn't it in the news?

One of the few recourses--even if you have to do it yourself, is file a Federal Civil Rights lawsuit. Go to the Federal courts (or online) and ask about pro se or pro per filings if you can't afford a lawyer. You need to go to a law library (or some public libraries have them) and research child custody cases under the statutes below and as Constitutional parental rights.

Another possible federal option is a habeas corpus petition. The federal courts are more lenient about people without lawyers. There are basic rules you have to follow though, but the court has info packs to explain.It starts with a short and plain statement of the facts, and why the rights of the parents were violated.

Another second claim is a conspiracy to violate civil rights. Sometimes you can get this action through the Justice Dept. But don't count on it--they will investigate civil rights violations sometimes.

The issues among others is due process, right to notice, federal laws that require the state attempt reunification of the children and parents and also Interstate Compacts on Custody--where states determine which state has custody. In a law library look up books on Pleading & Practice which give detailed instructions for type of lawsuits. The relevant US Code is Title 42 Section 1983 and Title 45 Section 1985.

Court appointed lawyers in CPS actions are usually overworked and ineffective. Often federal laws are violated--but I advise complete cooperation with CPS and attend parenting and counseling classes to demonstrate compliance. You might try your states ACLU or Legal Aid Society, or ask civil rights lawyers (in Yellow Pages) if they will work pro bono or on contingency.

It is a heartbreaking system but it seldom pays to violate the law or take matters in your own hands--it usually backfires and most countries will extradite children if the parent flees with them. The state court lawyer should have filed an appeal or writ of mandate stating some of the above and specifically that there were no reunification attempts by the CPS. Counseling will help in any event--to deal with the loss and to show you are making efforts.

In CPS court you are considered guilty until proving innocence, but the CPS court should provide minimal attorney representation for the father and also the right to appeal.

Just to clarify a little, we don't know who called cps for sure. Also, the texas rangers were not involved. Here's what has been won: texas custody case where texas is the home state and gave father full custody plus adjudicated all of nc complaints--writ of attachment for children issued writ of habeas corpus on behalf of joshua in texas--nc found to be abusing/neglecting/illegally detaining joshua.

They had ten days to turn joshua over to texas; if they didn't, the fbi/us marshalls were commanded to pick joshua up. All defied the order. Another writ of attachemtn for children was issued.Nc appellate court ruled that nc had no jurisdiction and reversed everything.

Said there was no reason to address the other issues because nc did not have jurisdiction to begin with. The only other state that could have had jurisdiction was ny, and they declined in writing.In addition joshua was dumped in a lock down facility in virginia for about 8 months. Nc legally could not do this.

When javan was trying to get the orders enforced, joshua was transported back to nc to obstruct the orders. Joshua was taken in april 2006. The custody case was decided in 2007.

The writ of habeas corpus in june 2008, and th enc appellate court in dec 2008. Texas judge enquired about pi's since no law enforcement will enforce the orders. Our pi's could not find josh.

In addition, local law enforcement threatened our pi's if they tried to enforce the orders. That's the very basics of the case. Both texas and nc have adopted the uccjea, so nc has to honor the home state orders, not to mention the fact that their own appellate court ruled they had no jurisdiction and reversed it all.

Cps had held joshua for over a year after this ruling, and it is our understanding that they went to their lower courts and had them "overrule" the appellate court. Hope this helps clarify a little. Most pertaintent documents are available on line.

Www. Hope4kidz. Org and http://stopcorruptdss.wordpress.com/2009/06/14/where-is-joshua-william-smith/ thanks, april (josh's step mom).

Mabey he is part of something bigger like some governmental consperasey.

This is not so uncommon as I work with social services. Many times, parents are not able to provide a stable home that can be presented to the social service agency and the judge presiding over the case. There are a lot of technicalities to be considered such as: 1.

Medical 2. Frequency of calls to social services 4. Solid documentation of all the facts from the child's parents and any signs of abuse.

Being that the child is autistic, there are specific needs he will require. The father and mother wouldn't easily lose custody unless there is something found. However, if there are false testimonies due to the legal adults creating drama for one another rather than acting in the best interest of the child it is a difficult case because the child essentially is the victim.

Thanks for being concerned. I hope things work out for the family and especially the child.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.