BAKERSFIELD, Calif. (KERO) — Kern County Child Protective Services and the Department of Human Services failed to protect 8-year-old Genesis Mata, resulting in her death, according to allegations made in a claim filed against Kern County on December 11 on behalf of Destiny De La Cruz.
"Child Protective Services failed to meet their mandatory duties to keep tabs on Genesis and protect her from abuse," attorney Hoyt E. Hart II said. Hart is representing De La Cruz, the biological mother of Genesis Mata.
Bakersfield police officers found Genesis dead inside a bathtub in a room at La Quinta Inn on August 2. Police arrested Genesis' father Ray Mata Jr. and his girlfriend, Graciela Bustamante. The couple are charged with multiple serious felonies, including first-degree murder, torture, and multiple counts of child abuse and cruelty. Both have pleaded not guilty to all charges.
The case brought a public outcry after details of the investigation were made public. Court documents paint a picture of horrific abuse suffered by Genesis and her brother, Jayden Mata, allegedly at the hands of Mata and Bustamante.
According to Hart, De La Cruz was the custodial parent of Genesis and Jayden. The attorney claims the couple kept the children away from their mother in an effort to hide their injuries.
"Despite De La Cruz's best efforts, she was unable to locate them. The kids were concealed with Bustamante's family in McFarland and Delano," Hart said.
Hart said CPS had apparently been notified at least 20 times that Genesis and Jayden were being abused, yet failed to take action to investigate the allegations.
"They had plenty of opportunities to do that and didn't do it," Hart said.
Hart also filed two other separate claims against the County, one on behalf of Genesis' brother, Jayden, and another on behalf of Genesis. The claim on behalf of Jayden alleges abuse at the hands of Mata and Bustamante. The claim on behalf of Genesis is a survival action for pre-death pain and suffering.
Kern County Counsel Kendra Graham was not available for comment, as county offices were closed on Christmas Eve.
Hart will also serve a lawsuit against La Quinta Inn and its parent owner, Wyndham Hotels and Resorts. Mata and Bustamante were living at La Quinta on Riverside Drive in room 248.
"The owner and manager of La Quinta has some explaining to do about what he knew and when he knew it, and what he did about it," Hart said.
Hart claims management at La Quinta had arranged with Mata to provide him a free room, and guests reportedly complained about hearing screaming coming from the room.
"When hotel guests complained about the screaming, he moved them to the back where they could be away from the other guests," Hart said. "Had he done something other than that, Genesis might've survived."
This story was edited with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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