GUILTY NM - Renezmae Calzada, 5, found deceased, Rio Arriba County, 8 Sept 2019 *Arrest*

[imstilla.grandma]

SUMMARY
Synopsis of HJC Amendment
The House Judiciary Committee amendments to House Bill 376 propose the following:
Page 3-Provides CYFD the ability offer a multilevel response upon completion of an evaluation by the department at intake.
Page 4-Provides flexibility for CYFD to employ licensed social workers to provide services to families, relatives, caretakers or guardians participating in the multilevel response system “to the extend that licensed social workers are available for employment.”
Pages 5 and 10-Moves the effective date and reporting dates back one year.
Page 7-Recognizes that children may be receiving in-home services (maintenance at home) prior to a child’s parent, guardian or custodian having legal custody returned.

Page 8- Replaces the word “jeopardize” with “impact” regarding the safety or well-being of a child.
ftp://www.nmlegis.gov/firs/HB0376.PDF

 

[imstilla.grandma]

270. ICWA defines “Indian child” to mean “any unmarried person who is under the age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.” 25 U.S.C. § 1903(4). Defendants have failed to promptly identify which children in state custody qualify as Indian children for purposes of ICWA.
271. Defendants have denied Sub-Class members access to the least restrictive setting that approximates a family by pushing a majority of the children in CYFD’s custody through multiple placements.
272. Defendants have failed to have a system of services and supports capable of providing remedial services and rehabilitation programs designed to prevent the breakup of Indian families as required by ICWA. 25 U.S.C. §1912(d)
Case 1:18-cv-00896 Document 1 Filed 09/22/18 Page 91 of 95

273. Defendants have also denied Sub-Class members of the legally preferred pre- adoptive placements by failing to acquire an adequate number of tribe-affiliated or approved foster families, failing to make appropriate efforts to coordinate with tribes to recruit and support placements, and failing to promptly identify family members or appropriate tribal placements.
https://cyfd.org/docs/90-690-20-16630.pdf

 

[unknown402]

I take comfort in the fact he is only 5'4" and 125 lbs. Jail/prison will give him a first hand lesson what it's like to be preyed upon by animals twice his size.

Mean, I know. But I have no regard for men who beat innocent women and children.

I sort of wish this post didn’t give me a smile, but it did.

Been thinking of this case all day. I opened up my webpage the second I clocked out. Hadn’t even made it to the car yet...thinking of her a lot today

 

[Skillz]

I dont think she is part of the tribe.

When the FBI takes over any case rather than an assisting agency like they are in most state cases, it's because they have reason to believe the crime occured within their jurisdiction when it happened. Those are the only reasons it becomes a federal case when they takeover any ongoing unsolved case which happened within one of our states.

For example:

When three of the Grogene family were brutally murdered by Joe Duncan those murders remained Idaho state cases.

However, because he took Shasta, and Dylan to a national park, where he repeatedly raped, tortured them for weeks, murdering little Dylan, burning his little body to ashes there he was tried, and convicted in Federal court for those charges due to it being on federal land, and within the FBIs jurisdiction.

Jmho

Also anything occurring in tribal land would be a federal case. Since it’s 2 jurisdictions—tribal lands have their own authorities.

 

[imstilla.grandma]

“Rest In Paradise Princess I hope you get your Justice and many other children out there who are angels now,” said a comment posted beneath a photo of Renezmae on her mother’s Facebook page.

Victoria Maestas and her son ******* light the first candle during a vigil for her daughter, 5-year-old Renezmae Calzad, whose body had been found earlier in the day. Around 500 people attended the vigil was held in the Plaza in Espanola Wednesday night. (Eddie Moore/Albuquerque Journal)

The administrator of the Española Valley Gossip page – which was crowded with messages about Renezmae – posted this one, with attribution: “‘The sky it’s crying. If for a moment, a little girl brought a whole town together. We fight against ourselves, against the neighbor, against the drugs and panhandlers. For a few days Española fought to bring a little girl home. Española you fought hard. You brought her home’ – Cecilia M Ortiz.”
Sheriff: Body of missing Española girl, 5, is found

 

[cvaldez1975]

Sad truth. More than one state will split custody of a minor child with an abusive parent. 23 years after the fact, I still dont understand it.

its a sad thing. so many split parents lie and point fingers that its difficult to screen which are being honest, however the fact that this guy was arrested last year for domestic abuse should have given some insight.

 

[imstilla.grandma]

Still asking plenty
There are still more questions than answers in the case of Renezmae Calzada, the 5-year-old who went missing in Española earlier this week and was later found dead in the Rio Grande. The girl's family remained largely mum during the search and since the body was found. We do know that Renezmae was last seen around 9:30 am Sunday, and her mother reported her missing around 6 pm that day. Her mother, Victoria Maestas, was romantically involved with 25-year-old Malcolm Torres, who was arrested Sunday on unrelated warrants.The New Mexicanchronicles the Maestas' tumultuous relationship with Torres ($), and the Albuquerque Journal takes a look at recent court records in which Maestas petitioned for custody of her children.
More questions than answers

 

[MsFacetious]

The best explanation I have seen is from MsFacetious. See post below. MOO

​

Let me elaborate further. If Malcolm acknowledged paternity of both of these kids, he is LEGALLY THEIR FATHER. Visitation, child support, health insurance, all of the regular things he would be legally obligated to do or entitled to receive.

However, he could also just be their “acknowledged father” because he’s established a father/child relationship with them. It doesn’t have to mean he acknowledged paternity. This would be a bit different.

Also, acknowledging paternity if he did it, doesn’t mean he was the sperm donor. It just means that he claimed her as his own and intended to raise her as his own.

This is something they do in NM, here’s the link:

Acknowledgment of Paternity

Here is a link to the actual instructions and form itself:

https://nmhealth.org/publication/view/form/612/

I won’t even guess what the situation was here, especially with the 4 different last names. But there is the information on Acknowledging Paternity.

It sounds like little brother has Malcolm’s family name.
It also sounds like the parents “agreed” to 50/50 until court. I don’t believe Malcolm was given 50/50, it was just their temporary agreement until the court date.

 

[imstilla.grandma]

Victoria Maestas didn’t want to talk the day after her 5-year-old daughter’s body was found in the Rio Grande.

“I just want to deal with what I have to deal with,” she said Thursday morning.

Maestas’ public silence and the ongoing investigation into the disappearance and death of her young daughter, Renezmae Calzada, who was last seen Sunday morning outside an Española home, leave many unanswered questions.

Authorities have named no suspects and have given few details about the child’s death, exactly where her body was found or how she might have ended up in the river, which is at least a mile from the east-central Española yard where she vanished.

A spokesman for the FBI, which announced late Thursday it had taken the lead in the case, said investigators were still waiting for the results of an autopsy on the girl’s body but considered her death suspicious.

In a statement, the federal agency said its jurisdiction was based on where Renezmae went missing and where “any alleged crimes may have occurred, which appear to be within the boundaries of Santa Clara Pueblo, and the child’s affiliation with the Pueblo.”

According to her Facebook page, Maestas is from Santa Clara. Ralph Martinez, a local community activist who hosted a vigil for Renezmae on Wednesday in Española, said the girl, known as “Mae Mae” to friends and family, had attended prekindergarten at the pueblo’s Head Start program.
Few answers in Española girl’s death

 

[PommyMommy]

Let me elaborate further. If Malcolm acknowledged paternity of both of these kids, he is LEGALLY THEIR FATHER. Visitation, child support, health insurance, all of the regular things he would be legally obligated to do or entitled to receive.

However, he could also just be their “acknowledged father” because he’s established a father/child relationship with them. It doesn’t have to mean he acknowledged paternity. This would be a bit different.

Also, acknowledging paternity if he did it, doesn’t mean he was the sperm donor. It just means that he claimed her as his own and intended to raise her as his own.

This is something they do in NM, here’s the link:

Acknowledgment of Paternity

Here is a link to the actual instructions and form itself:

https://nmhealth.org/publication/view/form/612/

I won’t even guess what the situation was here, especially with the 4 different last names. But there is the information on Acknowledging Paternity.

It sounds like little brother has Malcolm’s family name.
It also sounds like the parents “agreed” to 50/50 until court. I don’t believe Malcolm was given 50/50, it was just their temporary agreement until the court date.

Thank you, this is so helpful.

I don't know whether you saw this article or not but it says he has acknowledged parentage.

Renezmae's mom sought to see children
The petition says that Torres has acknowledged parentage of both children with the state Department of Vital Statistics, although police have said that Renezmae’s biological father lives in southern New Mexico.

 

[katydid23]

If someone acknowledges fatherhood, as he did, is there a way to undo that process? If he had wanted to be released from that legal burden, is there a way he can do that?

 

[imstilla.grandma]

Maestas told dispatchers that she was still at work at the Santa Claran Casino but that her daughter had been missing since 9:30 a.m., according to the child’s step-father.

The rest of the night was spent with different agencies searching the area surrounding the home, and dispatch fielding calls from people who said they may have information about the missing girl.

At one point, a man who identified himself as Calzada’s biological father contacted dispatchers and asked that an officer call him. He declined to comment Tuesday.
Missing Española Girl Found Dead

 

[imstilla.grandma]

New Mexico
Links to State and Tribal Child Welfare Law and Policy
To better understand this issue and to view it across States, download the PDF (157 KB) of this publication.

Current Through March 2018
Statutes
Website for Statutes:
http://public.nmcompcomm.us/nmnxtadmin/NMPublic.aspx(opens in new window)

Citation:

• Adoption: chapter 32A, article 5; chapter 40, article 7B
• Child protection: chapter 32A, article 4
• Child welfare: chapter 32A, articles 3A, 3B, 11, 17; chapter 40, articles 7A, 15
• Guardianship: chapter 32A, §§ 32A-4-31, 32A-4-32; chapter 40, article 10B
• Youth Services: chapter 32A, §§ 32A-4-25.2, 32A-4-25.3

Regulation/Policy
Website for Administrative Code:
http://www.nmcpr.state.nm.us/nmac/_titles.htm(opens in new window)

Notes:
See title 8, chapters 8, 10, 26.

Website for Agency Policies:
Info and Manuals | CYFD(opens in new window)

Other Resources
New Mexico Court Rules

Tribal codes available online:

• Mescalero Apache Tribe, Tribal Code(opens in new window) (PDF - 3,708 KB)
• Pueblo of Zuni, Children's Code (PDF

State Statutes Search - Child Welfare Information Gateway

 

[demetra]

Type moms name into Facebook search and look 6 post down for initials nnb..jmo will help explain last name.

 

[MsMarple]

I'm just catching up for the day so apologies if this all has been scrutinized and/or answered....

In some states you can sign an acknowledgment of paternity. So if Malcolm met Mom while she was pregnant and bio father did not want to be involved, he could sign that claiming her and be listed on the birth certificate. Some states even require it if the parents are not married.

If this is what happened it would explain why mom didn’t call him her stepfather. However it would also explain the police mentioning the bio father, because they are aware of him and cleared him. It would also explain why Malcolm might have both kids and get visitation with both kids.

We have this situation a few times in my family tree. That is the scenario that makes the most sense to me.

That's what I found too. If I understand all VM and MT had to do was fill out the form and have it notarized in order for him to be acknowledged as Renezmae's father. No paternity test is required unless it's being contested.

Victoria Maestas didn’t want to talk the day after her 5-year-old daughter’s body was found in the Rio Grande.

“I just want to deal with what I have to deal with,” she said Thursday morning.

Maestas’ public silence and the ongoing investigation into the disappearance and death of her young daughter, Renezmae Calzada, who was last seen Sunday morning outside an Española home, leave many unanswered questions.

Authorities have named no suspects and have given few details about the child’s death, exactly where her body was found or how she might have ended up in the river, which is at least a mile from the east-central Española yard where she vanished.

A spokesman for the FBI, which announced late Thursday it had taken the lead in the case, said investigators were still waiting for the results of an autopsy on the girl’s body but considered her death suspicious.

In a statement, the federal agency said its jurisdiction was based on where Renezmae went missing and where “any alleged crimes may have occurred, which appear to be within the boundaries of Santa Clara Pueblo, and the child’s affiliation with the Pueblo.”

According to her Facebook page, Maestas is from Santa Clara. Ralph Martinez, a local community activist who hosted a vigil for Renezmae on Wednesday in Española, said the girl, known as “Mae Mae” to friends and family, had attended prekindergarten at the pueblo’s Head Start program.
Few answers in Española girl’s death

The FBI agent stated that Renezmae was affiliated with the Pueblo tribe. Whether that's factual or not I don't know but I suspect it is.

Few answers in Española girl’s death

There is WAY too much to quote at this article, but it explains the last 4 years of Renezmae's life with Victoria and Malcolm.

*must read article*

I agree that it is a must read. Here's what I got from the article:

- No suspects named
- Few details about where Renezmae's body was found
- No information on how she ended up in the river
- Still waiting on the autopsy but currently her death is considered suspicious
- Mother VM is from Santa Clara
- Renezmae attended pre-k at the pueblo’s Head Start program
- Santa Clara Pueblo officials are not responding to questions at the moment
- Renezmae was last seen around 9:30 a.m. Sunday in the front yard of a family member’s home near McCurdy Road
- She was born Feb. 22, 2014, according to police and court documents
- It’s unclear who her father was or why she was given the last name Calzada
- Court records list four different addresses for the family in recent years
- All four of them have different last names
- Torres and VM had separated a few months ago
- VM filed for an Order of Protection in August
- Torres was arrested on a misdemeanor charge of aggravated battery on a household member Oct. 31, 2018
- There's a long history of MT abusing VM
- In her August petition for the O of P VM said Torres had been using the children as leverage to manipulate her into having sex
- Torres switched Renezmae's school without VM's permission
- Renezmae had been absent from her current school the week before she disappeared
- The court granted VM temporary custody of the children on Aug. 9
- VM and MT agreed at an Aug. 16 hearing to share custody with each keeping the children on alternating weeks until their custody dispute could be decided in court

So Torres and VM must have filed the form acknowledging him as Renezmae's father. I don't quite understand how he was keeping the children from VM and holding them hostage in exchange for sex if they were sharing custody. I guess he was refusing to return them as per the court order? Between August 9 and September 8 it seems like VM could have reported it but my guess is based on TM's violent tendencies she may very well have been afraid. Ugh.

And how was he able to switch Renezmae's school without her mother's permission? Did the school only require one parent's permission?

And who is the man that LE referred to as Renezmae's bio father who lives in southern New Mexico??

Sorry for the l-o-n-g post.

 

[CSIDreamer]

its a sad thing. so many split parents lie and point fingers that its difficult to screen which are being honest, however the fact that this guy was arrested last year for domestic abuse should have given some insight.

You're actually 100% right about that. In my case, the arrest records existed as well.

 

[imstilla.grandma]

[URL="https://www.justice.gov/tribal/tribal-access-program-tap"]Tribal Access Program (TAP)[/URL]

Tribal Consultation

Indian Country Crime — FBI

Missing and Murdered: Confronting the Silent Crisis in Indian Country — FBI

The FBI's Role in Indian Country and in Protecting Indian Children


I realize this is way tmi to read. The governmental sites are important resources for use and saving in other instances; that more than likely will someday come into play here at WS. Plus, knowledge is power.

 

[CSIDreamer]

Tribal Access Program (TAP)

Tribal Consultation

Indian Country Crime — FBI

Missing and Murdered: Confronting the Silent Crisis in Indian Country — FBI

The FBI's Role in Indian Country and in Protecting Indian Children


I realize this is way tmi to read. The governmental sites are important resources for use and saving in other instances; that more than likely will someday come into play here at WS. Plus, knowledge is power.

Thanks for the resources. I really haven't had much reason to learn these details.

 

[margarita25]

As to the bolded, if he has 2 or 3 DUI'S in the past, and then recent Domestic Violence incidents, then I don't feel too sorry for him, having to sit in a cell for a few weeks. Couldnt happen to a better guy.

Well said.

 

[MsFacetious]

If someone acknowledges fatherhood, as he did, is there a way to undo that process? If he had wanted to be released from that legal burden, is there a way he can do that?

Termination of parental rights, just like any other parent.