“Mommy are you done yet?  I’m ready, I wanna come home now.” - 
Those are the words I've heard every week for the last eight months, and every week I have to lie “almost baby, okay. Soon.” Because how do you tell the happiest, most beautiful little boy that he’s never coming home? How do you explain to a three and a half year old who thinks [your away working to get money to buy him a new house] that you did absolutely everything in your power to bring him home but that the flaws in our system particularly in this case influenced by the selfish person gain of a Council member, the words of a lazy social worker, and biased Judge decided i’m not worthy of the right to be his mommy anymore.

My name is Kila Padilla and this is my testimony to the ineffective and unjustified acts of our Child Welfare system, with special regards to the Bypass and Termination policies. I’m not sure as to what good this letter will serve but i hope it will help bring real attention to the Child Welfare System and  assist in my request for the  dismissal/reversal of the current order of placement regarding my minor son Josiah Torres (D.O.B 07/08/2016), who is in my opinion being unlawfully detained and cared for by the Yolo County Child Protective Services Unit in Woodland, CA, Yolo County CPS gained custody of my son Aug.2, 2019 after alleging there was a warrant for his detainment 36hrs after they received a referral from probation who had conducted a search at my residence and (allegedly located narcotics and paraphernalia hidden in some clothes in a dresser in the home). He was taken under California WIC 300(b.)(1.) failure to protect and/or supervise or a substantial risk of failure to protect resulting in abuse and/or neglect; inability to provide regular care due to mental illness, developmental disability, or substance abuse.  

During the initial detention hearing the Honorable Judge McAdams presided over the case and upon brief review of the reports and the provided evidence on my behalf he complimented the continued progress i had made since our first meeting years ago, and ordered the County to follow up with a plan for me, so as to assure my son be returned home by  the next court date being that  he “saw no reason to why” my son” should not be returned” yet still  (erring on the side of the caution) continued detainment. Subsequently he was “transferred” to another department and against my wishes a retired Judge Abel (whom i'm told was a “sit in”) presided over the matter and ruled in favor of the insufficient report submitted by the County which called for bypass and termination.  It is my opinion to be a biased decision with personal influence and opinions against those who suffer from substance abuse, supported by the following; 

“The forced separation of a parent from a child, even for a short time, represents a serious infringement upon the rights of both.” - J.B v. Washington County, 10th Cir.(1997) Such rights of a parent to be “free from state interference” with regards to “ the fundamental rearing of” their child, and the “private realm of family life”, are protected under the First, Fourth, Fifth, Ninth and Fourteenth Amendments to the Constitution of the United States. 

** Pursuant to the A.S.F.A, State and Federal Law require reasonable efforts be made to reunify a family when a child has been removed, with 17 exceptions, the following of which were those insinuated by the County to be of applicable circumstance with regards to the current case presented….. 

361.5(b)(10) the court ordered termination of reunification services for any siblings or half-siblings of the child because the parent or guardian failed to reunify after the sibling or half-sibling had been removed from that parent or guardian pursuant to Section 361, and this parent is the same parent described in subdivision (a), and according to the findings of the court, the parent or guardian has not subsequently made a reasonable effort to treat the problems that led to removal of the sibling or half-sibling.
361.5(b)(11) the parental rights of a parent over any sibling or half-sibling have been permanently severed, and this parent is the same described in subdivision (a), and according to the findings of the court, this parent has not subsequently made a reasonable effort to treat the problems that led to the removal of the sibling or half-sibling of that child from the parent.  
 361.5 (b)(13) the parent or legal guardian has a history of extensive, abusive, and chronic use of drugs or alcohol abuse and has resisted prior treatment for this problem during a three year period immediately prior to the filing of the petition that brought the child to the court's attention. The parent or guardian has refused to comply with a drug or alcohol treatment program as described in the case plan required by WIC 358.1  on at least two occasions, even though the programs identified were available and accessible. 
ASFA requires states child welfare agencies to file a petition to terminate parental rights if……
1.) a child has been in foster care for 15 of the most recent 22 months. 
2.) the child is determined to be ‘abandoned’ as defined by state law.
3.) a parent has committed or been involved in murder, voluntary manslaughter or felonious assult of one of his or her children. 
All of which must be presented by clear and convincing evidence, and were presented with none. While i presented the following…..

A letter for the request of placement from my brother (family placement had been my request from the start but was ignored amidst continuous request and inquiries)
Call logs from Aug. 8- Oct. 2 documenting my effort to contact my worker Rosana D’Amico and little to no effort upon her part to initiate or return contact. Numerous character letters from my employer, employees, sponsor, and NA peers  referencing my positive continued participation in my recovery since July 2016. (all of which knew me from my addiction, and could determine my “relapse mode” without hesitation, as well as testimony from witnesses to confirm my son was well taken care of and happy and safe. 
Multiple promotion certificates from my place of employment (affirming to the substantial progress i continued to achieve)
Multiple random toxicology screening reports (all of which negative other than for THC)
A copy of my 215 medical records, verifying  my medicinal use that is protected under the H&SC 11362.84 and Prop 64 which asserts “CPS cannot use a parents status as a medical marijuana patient as reason to interfere with parental rights”. (determined by the Court in 2018 to be of no significant concern by return of my son influenced by the evidence of my proven ability to maintain sobriety, full time employment, visitation, participation in drug counseling services, and enduring traumatic life circumstances without backsliding while still consuming cannabis) 
Emails to Rosana D’Amico, Christiana Erebe and Supervisor Jillian Cuevas requesting information and assistance (all of which went unanswered) 
Summary notes from our visitation coaches all documenting my positive strong relationship and parenting of Josiah, and all of which reflected his severe separation issues from me. (verifying the undoubtable close bond we share)
Proof of application and letter of denial of services from John H. Jones (their recommendation of additional 12 steps meetings as i did not meet their standard to receive care. (again proving the claims of the County of my failure to participate false, that said social worker was unreachable to not only myself but to the clinician) 
Certificates for multiple parenting classes (totaling 12hrs of participation in on-line classes that were self obtained as an alternative  to the county recommended class due to employment confliction, after first attempts to contact my worker for alternative went answered) 
Two certificates of completion for substance abuse classes  (also self obtained, after being denied care for Outpatient and Inpatient services as way of proving my willingness to participate and meet the recommendation of the County by whatever means necessary) 
With all of this alongside the testimony of the workers admission of failing to perform her duties to the best of her ability, the clinician from Communicare verifying no concern for my sobriety or need for treatment and verification from my doctors and peers that  my medicinal use of marijuana is in no way preventing or disrupting my life and was in no way an endangerment to my son, his safety or my recovery, Judge Able ruled towards TPR stating in his opinion “medicinal marijuana to be a non sufficient means that does not meet his definition as a form of treatment”, and my prior TPR (though i obtained reunification of my son immediately following the order regarding my daughter) as enough ‘sufficient evidence’  to meet the status quo of the petition. His reference to the 15 -22 clause proven to  be irrelevant by the showing of time (as of the start of the case my son had been in my care full-time beginning March 2018, he was detained in Aug. 2019 which made 17 of the most recent 22 months in my care) I in no way have shown to be unfit yet still in order to meet the self influenced gain of Matt Rexroads fight in favor of bypass have been found guilty due to a past i have fought so hard to make right over the last 3 years. 

No committee was consulted, no efforts made, no chance even given.

Please if you can, explain to me how this is justifiable? How does my case meet the legal standard?  How am I supposed to accept such a judgement, when I have without a doubt proven to be fit? How do I tell my little boy he can't come home? 

In criminal cases we hold the ‘innocent until proven guilty’ status, what I ask is different in this instance? Since when is personal opinion more valuable than the truth? Why is my son's emotional and mental health forever being traumatized by one man's opinion ok? 

I in no way deny the impact my addiction will forever have on my life, I live everyday with the guilt and shame of being without my daughter because i allowed my addiction and selfish desires to overpower me, i deserved that one, i accept the pain and regret of those choices everyday but my son changed  me, he helped me save my own life, he is my life. Without him there is no me.

Thank you for your time,

                                                                                                    Kila Padilla 

 *** update 

I appealed the decision yet they denied it as my appeal attorney failed to mention anything other than ICWA violation. So my son will be adopted although he still wants to come home, I've seen him twice in the last 2 years both times for him birthday, I still however send him clothes and shoes and toys, school supplies and meals. I plan to take this to the fullest extent of the law that I can, because I refuse to give up or let him think I did or that I didn't try or that I didn't want him.