Executive Summary
- Destiny De La Cruz has filed a wrongful death claim against Kern County regarding her daughter, Genesis Mata.
- Court documents allege CPS ignored 20 prior abuse reports and lost track of the father during an active investigation.
- Ray Mata Jr. and Graciela Bustamonte face capital charges including murder and torture in connection with the death.
Destiny De La Cruz, the biological mother of 8-year-old Genesis Mata, has filed a wrongful death and injury claim against Kern County, alleging that Child Protective Services (CPS) failed to intervene effectively prior to her daughter’s death. According to court documents filed earlier this month, De La Cruz contends that the agency did not take sufficient action despite numerous warnings regarding the child’s safety.
The legal filing asserts that there were approximately 20 reports of child abuse made prior to Genesis Mata’s death in August 2025. The documents further allege that mandated reporters had previously identified that the victim’s brother was found "battered and bruised." De La Cruz claims that although Ray Mata Jr., the child’s father, was under investigation by CPS, the agency had lost track of him as of July 2025.
Genesis Mata was discovered deceased inside a La Quinta Inn in central Bakersfield on August 2, 2025. Following the discovery, authorities arrested Ray Mata Jr. and his partner, Graciela Bustamonte. Prosecutors have charged the couple with seven felonies, including murder, child cruelty, and torture. Due to the severity of the charges, they are eligible for the death penalty. Court records indicate that the preliminary hearing and subsequent trial proceedings have faced scheduling delays, with reports suggesting the trial may be pushed to March 2026.
Legal and Procedural Outlook
The filing of this claim triggers a statutory 45-day window for Kern County to formally respond to the allegations of negligence and liability regarding the actions of its social services department. This civil litigation creates a dual-track legal challenge for the county, proceeding alongside the high-stakes criminal prosecution. It is important to note that Ray Mata Jr. and Graciela Bustamonte are presumed innocent of all criminal charges until proven guilty in a court of law.
