IN THE PASCUA YAQUI COURT OF APPEALS
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IN THE PASCUA YAQUI COURT OF APPEALS
Case No.: No. CV-04-003
In the Matter of: |
LINDA GALAS &
ORDER
JULIAN BUSTAMANTE
Nee ee ee eee ee
Yancy A. Jencsok, Esq., Pascua Yaqui Legal Services, Tucson, Arizona, for the
Appellant.
The Court finds as follows:
1). On August 2, 2002, sole custody of the two minor children, Julian
Bustamante and Linda Galaz, was given to their father, Appellee/Respondent Alex Galaz,
through Child Welfare Case No. CW-97-002.
2). On or about April 2, 2003, the mother, Appellant/Petitioner Gloria
Bustamante, filed a Petition for Visitation with the Trial Court (Case No. CV-03-078).
The Trial Court granted the mother temporary visitation on July 11, 2003.
3). On May 11, 2004, the mother filed a Petition for Child Custody
concerning the two children with the Trial Court. On June 25, 2004, the mother filed a
Motion for Temporary Custody. Following a hearing that took place on July 15, 2004,
the Trial Court left sole custody of the children with their father.
4). The Trial Court held a hearing on the mother’s Petition for Child Custody
and entered a Final Decision on August 17, 2004. The Trial Court’s Final Decision
shows that it granted both parents joint custody of the two children, left physical custody
sufficient to house herself [and] her two youngest children ... during such Overnight
stays.” Trial Court’s Final Decision at 3.
5). The mother filed a Notice of Appeal on August 31, 2004, alleging that the
Trial Court should have granted her sole custody of the two children; or in the alternative,
she should have been granted reasonable visitation with the children, which would
include reasonable overnight stays. The mother also Tequested “a one-justice
Proceeding” on appeal and oral argument.
6). On July 29, 2005, the mother filed a motion requesting dismissal of her
Notice of Appeal. On August 5, 2005, the mother withdrew her motion to dismiss the
After review of the appellate record, the Court enters the following decision:
1). The motion for “a one-justice proceeding” is granted. The motion for oral
argument is denied.
3). All of that part of the Trial Court’s Final Decision granting the mother
Visitation, including the part on overnight visitation, is reversed because it is
unreasonably restrictive and not in the best interests of the children. The parent who does
not have primary physical custody of the children is entitled to reasonable visitation. |
P.Y.T.C. § 10.24(A). On remand, the Trial Court shal] hold another hearing or meet with
the parents to determine a less restrictive visitation schedule for the mother that includes
non-restrictive overnight Stays and the sharing of responsibility for transportation of the
children to and from visits with the mother,
So ORDERED this ot day of June, 2006.
a) fg
Yancy A. Jencsok
Jencsok Law Office
P.O. Box 12968 OSAUG 15 AMI: bs
Tucson, AZ 85732 S All
(520) 318-0041 soover no CM OU-(
(520) 318-0042 fax ALERK
IN THE APPELLATE COURT OF THE YAQUI NATION
In the Matter of: Appellate Case No. CA-04-003
)
GALAS, LINDA, and, ) Trial Case No. CV-04-111
BUSTAMANTE, JULIAN, )
)
)
)
NOTICE OF ADDRESS CHANGE
minor children.
Please take notice that although counsel will be leaving Pascua Yaqui Legal
Services, he will continue to represent Petitioner/Appellant Gloria Bustamante.
Counsel’s new address and phone are:
Yancy A. Jencsok
Jencsok Law Office
P.O. Box 12968
Tucson, AZ 85732
(520) 318-0041
RESPECTFULLY SUBMITTED this 15" day of August, 2005.
AP S\
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Yancy A, Jencsok
Attorney for Respondent/Appellant
Copy of the foregoing mailed August 15, 2005, to:
Alex Galas, Sr. Gloria Bustamante
5081 Calle Tetakusim 3511 South 12th Ave. #1103
Tucson, AZ 8576 Tucson, AZ 85713
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by Sg Lye
OAOCALEA VAALH Th
PASCUA YAQUI TR
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~ FILED DATE A
Yancy A. Jencsok
Pascua Yaqui Legal Services OS AUG -5 PM 4:35
7454 S. Camino Rahum
Tucson, AZ 85757 pocrer no. CW/- 04-1 |
(520) 879-5750 — y
(520) 879-5752 fax ave
IN THE APPELLATE COURT OF THE YAQUI NATION
In the Matter of: Appellate Case No. CA-04-003
GALAS, LINDA, and,
BUSTAMANTE, JULIAN,
Trial Case No. CV-04-111
APPELLANT’S WITHDRAWAL OF
minor children. MOTION TO DISMISS
eee Nee ee es ae
Appellant/Petitioner Gloria Bustamante, through her attorney, hereby withdraws
her motion to dismiss. Appellant/Petitioner has reconsidered her decision and feels
that it is in the best interests of the minor children that she proceed with the appeal.
RESPECTFULLY SUBMITTED this 5" day of August, 2005.
Attorney for Appellant/Petitioner
Copy of the foregoing mailed August 5, 2005, to:
Alex Galas, Sr. Gloria Bustamante
5081 Calle Tetakusim 3511 South 12th Ave. #1103
Tucson, AZ 85787 Tucson, AZ 85713
ABS
By LKB,
PASCUA YAQUI TRIBAL COURT
FILED DATE AND TIME
Yancy A. Jencsok
Pascua Yaqui Legal Services 05 JUL 29 PM 3:04
7454 S. Camino Rahum A . 7
Tucson, AZ 85757 DOCKET no. CA “C4002
(520) 879-5750 sien CAO
(520) 879-5752 fax
IN THE APPELLATE COURT OF THE YAQUI NATION
In the Matter of: Appellate Case No. CA-04-003
)
GALAS, LINDA, and, ) Trial Case No. CV-04-111
BUSTAMANTE, JULIAN, )
)
)
)
APPELLANT’S MOTION TO DISMISS
minor children.
Appellant/Petitioner Gloria Bustamante, through her attorney, requests that the
Court dismiss her appeal. As grounds therefore, Appellant/Petitioner states the
following:
1, After consultation with counsel, Appellant/Petitioner has decided that she does
not wish to proceed with the appeal.
Appellee/Respondent has not filed a Brief in Response.
3. The Court has not heard oral arguments.
WHEREFORE, Appellant/Petitioner requests that the appeal be dismissed.
RESPECTFULLY SUBMITTED this 29" day of July, 2005.
oa
y
So
Yahcy Al Jencsok
Attorney for Appellant/Petitioner
Copy of the foregoing motion and accompanying proposed order mailed July 29, 2005,
to:
Alex Galas, Sr. Gloria Bustamante
5081 Calle Tetakusim 3511 South 12th Ave. #1103
Tucson, AZ 85757 Tucson, AZ 85713
By Yep\ g-
WY (J
Yancy A. Jencsok
Pascua Yaqui Legal Services
7454 S. Camino Rahum
Tucson, AZ 85757
(520) 879-5750
(520) 879-5752 fax
IN THE APPELLATE COURT OF THE YAQUI NATION
In the Matter of: Appellate Case No. CA-04-003
GALAS, LINDA, and,
)
)
) Trial Case No. CV-04-1 11
BUSTAMANTE, JULIAN, )
)
)
)
ORDER TO DISMISS
minor children.
saan
Having read Appellant’s Motion to Dismiss filed herein, the Motion being
unopposed, and good cause appearing,
IT IS ORDERED that the appeal is dismissed.
DATED this ___ day of 2005.
Judge of Pascua Yaqui Court of Appeals
Date
cc:___ Appellant Appellee PYLS
ee
Clerk
Yancy A. Jencsok
Pascua Yaqui Legal Services
7474 S. Camino de Oeste
Tucson, AZ 85746 A nU-NO%
(520) 879-5750 CA-b4-00
(520) 879-5752 fax (iW
IN THE APPELLATE COURT OF THE YAQUI NATION
In the Matter of: Appellate Case No. CA-04-003
|
GALAS, LINDA, and, ) Trial Case No. CV-04-111
BUSTAMANTE, JULIAN, )
)
)
)
APPELLANT’S BRIEF
minor children.
JURISDICTION
Appellant filed a timely appeal of a Pascua Yaqui Tribal Court Order. The
Appellate Court has jurisdiction pursuant to 11 P.Y.T.C. §1.12.
STATEMENT OF FACTS
Appellant/Petitioner is Gloria Bustamante. Appellee/Respondent is Alex Galaz,
Sr. The parties have four children together. The two children that are the subject of
this action are Julian Bustamante and Linda Galaz. At the time of filing, Alex Galaz had
sole custody of the children through child welfare case no. CW-97-002, by court order
dated August 2, 2002.
Subsequent to the child welfare case, Gloria Bustamante filed a Petition for
Visitation in Pascua Yaqui Tribal Court, case no. CV-03-078 on or about April 2, 2003.
A temporary visitation order was issued on July 11, 2003 based on an agreement
between the parties. No further proceedings took place in that case.
Page 1 of 7
On May 11, 2004, Ms. Bustamante filed a Petition for Child Custody. On June
25, 2004, Ms. Bustamante filed a Motion for Temporary Custody. A hearing on
temporary custody was held on July 15, 2004. The trial court left sole custody with Mr.
Galaz and granted Ms. Bustamante temporary visitation with the minor children.
On August 12, 2004, the court held an evidentiary hearing on permanent custody
of the children. Judge Melvin Stoof presided. Judge Stoof granted a change in legal
custody from sole to joint. Judge Stoof left physical custody of the children with Mr.
Galaz and granted Ms. Bustamante visitation.
Gloria Bustamante based her request for a change in custody in part on reports
from her children and in part on direct observation. She testified as to the children’s
reports and her own observations. She also presented testimony regarding her
parenting ability from herself, her sister Vicki Bustamante-Nunez, and Annette Carr, a
parent education service provider. Mr. Galaz appeared at the August 12, 2004 hearing
and cross-examined Ms. Bustamante and her witnesses; however he did not testify nor
did he present witnesses. He also failed to file a response to the Petition for Child
Custody or any other pleadings. To determine the children’s wishes as to custody and
visitation, Judge Stoof interviewed the children separately in chambers.
FINDINGS/CONCLUSION APPEALED FROM
Appellant appeals from the Order of the Pascua Yaqui Tribal Court issued on
August 17, 2004. That Order denied Appellant’s Petition to change custody of the
parties minor children Julian Bustamante and Linda Galaz. The reason given was that
it was in the children’s best interests that they remain in the physical custody of their
Page 2 of 7
father, Alex Galaz, Sr. The court also granted Ms. Bustamante only limited visitation
with no overnights. No reason was given.
ARGUMENT
A. THE BEST INTERESTS OF THE CHILDREN INDICATE THAT APPELLANT
SHOULD HAVE BEEN GRANTED PHYSICAL CUSTODY.
The Pascua Yaqui Tribal Code directs the court to consider “the best interests of
the child” when determining custody. 1 P.Y.T.C. §10.19(A). Ms. Bustamante presented
favorable testimony on each of the best interest factors.
“1. The wishes of the child’s parent or parents as to his custody.” Ms.
Bustamante filed detailed pleadings and testified at length regarding her wishes as to
custody and the reasons for her request. Mr. Galaz indicated verbally that he opposed
Ms. Bustamante’s request but otherwise presented no evidence on this issue. In
addition, it was undisputed that Linda Galaz was not living in the household of Mr.
Galaz and that this was with Mr. Galaz's permission. At the time of the August 12,
2004 hearing, Linda Galaz had been living with relatives for several months (first with
Tanya Castello, Mr. Galaz’s sister-in-law, next door to Mr. Galaz and later with a cousin,
Rosie Hickman). This indicates that Mr. Galaz did not want custody of Linda.
“2. The wishes of the child as to his custodian.” In her pleadings and testimony,
Ms. Bustamante indicated that both children had told her that they wanted to live with
her rather than their father. Mr. Galaz did not dispute this. And as indicated in the
above paragraph, Linda was in fact not living with Mr. Galaz, implying that she did not
want to live with him. Lastly, Judge Stoof interviewed the children privately in chambers
Page 3 of 7
as to their wishes.
“3. The interaction and interrelationship of the child with his parent or parents,
his siblings, and any other person who may significantly affect the child’s interests.”
Ms. Bustamante and her sister, Vicki Bustamante-Nunez, both testified that Ms.
Bustamante has a very close relationship with Linda and Julian. In addition, Ms.
Bustamante testified that Linda and Julian get along well with her two younger children
when Linda and Julian visit. Ms. Bustamante testified that Linda and Julian do not like
Mr. Galaz’s wife, Andrea Galaz, and that they did not get along with her and that this
was one reason Linda was not living with Mr. Galaz. Mr. Galaz did not dispute this
testimony.
“4. The child’s adjustment to his home, school and community.” As discussed
above, the undisputed testimony was that the children were not well adjusted at home,
to the degree that Linda actually moved out of the home, and also that Mr. Galaz's
home was dirty, low on food, and that the children were not properly cared for. In
contrast, Ms. Bustamante presented evidence that she provided a safe, clean and
loving environment for her two younger children and that she could provide the same
for Linda and Julian.
“OS. The mental and physical health of all individuals involved.” The testimony
was that Ms. Bustamante has some physical health problems, but that they do not
affect her ability to care for the children. Mr. Galaz has no physical health problems.
Regarding mental health, the testimony was that both parties had a history of drug and
alcohol abuse. Both parties had also had periods of sobriety. Ms. Bustamante testified
that she was not using drugs (other than those prescribed to her for her physical health
Page 4 of 7
problems) and that she was not abusing alcohol. She testified that she was concerned
that Mr. Galaz might be abusing drugs and alcohol again. She testified that she had
directly observed Mr. Galaz under the influence on several occasions during visitation
exchanges in January 2004. She also testified that the children had reported to her that
both Mr. Galaz and his wife Andrea were using drugs and alcohol. Mr. Galaz did not
allege that Ms. Bustamante was using drugs or abusing alcohol nor did he deny that he
and his wife were using drugs and alcohol.
B. IF SHE WAS NOT GRANTED PHYSICAL CUSTODY, APPELLANT WAS
ENTITLED TO REASONABLE VISITATION RIGHTS.
The Pascua Yaqui Tribal Code states that “[a] parent not granted custody of the
child is entitled to reasonable visitation rights.” 1 P.Y.T.C. §10.24(A). Those rights can
be limited only if the court finds that “visitation would endanger seriously the child’s
physical, mental, moral or emotional health.” Id. In its Order of August 17, 2004, the
court limited Ms. Bustamante’s visitation to one day per week with no overnight visits.
Overnight visits are not allowed under the Order unless Ms. Bustamante provides to the
court proof “that she has adequate housing and beds sufficient to house herself, her
two youngest children, Julian, and Linda during such overnight stays.” This is not a
reasonable visitation schedule.
The Tribal Code does not contain a definition of what “reasonable visitation”
consists of. It is Appellant’s position that reasonable visitation should include overnight
visits, visits during the holidays, visits during school breaks and summer, etc. Because
the visitation rights granted to Ms. Bustamante are not reasonable, the court must make
Page 5 of 7
findings that the visitation has been limited because to do otherwise “would endanger
seriously the child’s physical, mental, moral or emotional health.” Id. The court made
no such findings. It made no such findings because it could not have made such
findings. The testimony was that although Ms. Bustamante lived in a small apartment,
the apartment was clean and well stocked with food. And although the children would
not have had their own room, they each would have had a suitable place to sleep. (Ms.
Bustamante testified that if she were to be granted physical custody of the children, she
would move to a larger apartment).
In his findings, Judge Stoof also seems to indicate that Ms. Bustamante will be
required to provide all transportation for visitation; however, this requirement is not
reflected in the order. If this was meant to be a further restriction on her visitation, it is
also unreasonable. The parties should split responsibility for visitation transportation.
CONCLUSIONS
In her pleadings and at trial, Ms. Bustamante presented evidence that: the
children wanted to live with her; the children were not getting along with their step
mother; Linda was not living with Mr. Galaz at all; Mr. Galaz was abusing alcohol and
illegal drugs; Mr. Galaz’s house was dirty and there was no food in the house; arriving
for visitation, Julian was often dirty and was not dressed appropriately; and Julian was
often alone with no adult supervision. Ms. Bustamante also presented evidence that
she was not using illegal drugs or abusing alcohol; she had a close relationship with
Julian and Linda; and she could provide a safe and loving home for the children.
Some of the evidence presented by Ms. Bustamante was second hand, coming
Page 6 of 7
as it did through the children; however, this evidence was not objected to by Mr. Galaz
and it was not excluded by the court. In addition, Ms. Bustamante presented ample
direct evidence and the court had the Opportunity to interview the children in chambers
and hear from them directly. Mr. Galaz on the other hand, filed no pleadings and
presented no testimony or evidence, direct or otherwise. (In the first full Paragraph of
Page 3 of the court’s order the court finds that Mr. Galaz “testified” regarding Ms.
Bustamante’s drug abuse. In fact, Mr. Galaz did not testify. Rather, he asked Ms.
Bustamante questions on cross examination. When Mr. Galaz was given the
Opportunity to testify on his behalf, he declined.)
Ms. Bustamante Proved her case and should have been granted physical
custody of Linda and Julian. At the very least, Ms. Bustamante should have been
granted a reasonable visitation schedule.
RESPECTFULLY SUBMITTED this 21 day of September, 2004.
7
ancy\A. spnneok
Attorney r Appellant/Petitioner
Copy of the foregoing mailed this 21° day of September, 2004, to:
Alex Galas, Sr.
5081 Calle Tetakusim
Tucson, AZ 85746
Gloria Bustamante
3511 South 12th Ave. #1103
Tucson; AZ 85713
CL}
By Tj
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Page 7 of 7
Yancy A. Jencsok
Pascua Yaqui Legal Services
7474 S. Camino de Oeste
Tucson, AZ 85746
(520) 879-5750
Cy oft. UF
(520) 879-5752 fax Li
IN THE APPELLATE COURT OF THE YAQUI NATION
In the Matter of: ) Appellate Case No.
)
GALAS, LINDA, and, ) Trial Case No. CV-04-111
BUSTAMANTE, JULIAN, )
) NOTICE OF APPEAL
minor children. )
)
1. Notice is hereby given that Petitioner/Appellant Gloria Bustamante
appeals to the Appellate Court of the Yaqui Nation from the judgment entered in
this action by Judge Melvin Stoof on the 17" day of August, 2004.
2. The Appellant believes the trial court was in error because: the decision
not to grant Petitioner/Appellant Gloria Bustamante custody of the minor children,
or a reasonable visitation schedule including overnight visits, was not supported
by the evidence presented at trial or the best interests of the children pursuant to
1 P.Y.T.C. §10.19(A).
3. The Appellant requests a one-Justice appellate proceeding.
4. The Appellant requests oral arguments.
Respectfully submitted this 31° day of August, 2004.
a) A
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Me > -
Yancy A. Jencsok
Attorneyfor Appellant
,
Page 1 of 2
Copy of the foregoing mailed this 31° day of August, 2004, to:
Alex Galas, Sr.
5081 Calle Tetakusim
Tucson, AZ 85746
Gloria Bustamante
3511 South 12th Ave. #1103
Tucson, AZ 85713
Page 2 of 2
IN THE PASCUA YAQUI COURT OF APPEALS
IN AND FOR THE PASCUA YAQUI INDIAN RESERVATION
IN THE MATTER OF: JUDGE: MELVIN STOOF
RE: LEGAL COUNSEL: YANCY JENCSOK
GALAZ/BUSTAMANTE PETITIONER: GLORIA BUSTAMANTE
CHILDREN RESPONDENT: ALEX GALAZ
CV-04-111
CUSTODY HEARING DATE: AUGUST 12, 2004
JUDGE: This is CV-04-111, in the matter of Linda Galaz and Julian
Bustamante. What I generally do is exclude the children from the
Court room in formal proceedings.
I understand there was a motion to interview the children in
chambers. So at this time I am going to have the children step out
for purposes of the custody hearing. So if we can have them
escorted out and we will call upon you if we need to have you
testify. I appreciate it.
LEGAL COUNSEL: And are...your honor, I understand that you...you were going to
speak with them privately...
JUDGE: Yes.
LEGAL COUNSEL: after the hearing?
JUDGE: Yes that is true, that is true. I granted that request. The code
indicates that the court in it’s discretion can consider the wishes of
a child to his custodian and this is under section 10.19 of the
Pascua Yaqui Tribal Code under the modification of child custody.
The Court after these proceedings here will allow and interview
with the children in chambers and this is also to insure that neither
parent...I’m not suggesting it’s happening here, but it’s to avoid
any impropriety that either parent is somehow suggesting to the
children what they should be testifying about. So it’s going to be
held in private. The proceeding...the procedure is the clerk and I
are there and we tape record it and it’s sealed and no one gets an
opportunity to review that. But it is preserved in an event there is
an appeal and only the Court of Appeals would have it, and neither
party can have access to what the child have said. So that’s the
process.
LEGAL COUNSEL:
JUDGE:
RESPONDENT:
JUDGE:
WITNESSES:
JUDGE:
LEGAL COUNSEL:
JUDGE:
WITNESS:
JUDGE:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
Ready to proceed with this case?
Yes, your honor.
Are you ready to proceed Mr. Galaz?
Yes.
Okay, anyone who’s going to testify let’s swear everybody in here
but once. Anyone who’s going to testify in the case please raise
your right hand. Do you swear or affirm that the testimony you are
about to give is the whole truth and nothing but the truth so help
you God?
Ido. Yes.
Everyone has been duly sworn. Okay Mr. Jencsok, would you care
to call your first witness?
Yes your honor. | call Annette Carr to the stand.
Could you spell your name for me Ms. Carr?
A-N-N-E-T-T-E -- C-A-R.
Proceed.
Okay, thank you. Ms. Car, what is your occupation?
P’m a Case Manager of Early Interventionist with the division of
Developmental Disabilities.
Okay, and uh...uh...where...where specifically do you work?
Uh...you mean location wise?
The name of the agency?
I work for a program called Community Psychology and
Educational Services. We contract with ...with the Division to
provide services to children (unintelligible).
Okay, what is the address of that uh....
It’s 2020 North Forbes, Suite 105, Tucson AZ 85745.
LEGAL COUNSEL: Do you know Gloria Bustamante?
WITNESS: Yes I do.
LEGAL COUNSEL: How do you know her?
WITNESS: I was assigned to work with her child Oscar and her....
LEGAL COUNSEL: Okay, and uh...getting back to your employment with Community
Psychological and Educational Services uh...what exactly do you
do there?
WITNESS: What we do is we are assigned children through the division from
birth to 3 who have developmental delays which Oscar does and
we go into the home and we work with the child for approximately
an hour to an hour and a half a day...uh...once a week and we also
work with the parents just...you know parenting skills or if they
have questions, that type of stuff.
LEGAL COUNSEL: Okay, and how long have you been working at your current
...current employment?
WITNESS: I have been with CPES for 11 years.
LEGAL COUNSEL: Did you have other jobs in that field prior to working there?
WITNESS: Yes, I’ve been doing this for 20 years total.
LEGAL COUNSEL: And do you have any special training certificates?
WITNESS: Uhm...actually I do a lot of training through the state and we are
going through uhm...like certification right now, but everyone in
the division has to have a certification. But we do trainings
throughout the year.
LEGAL COUNSEL: You said your providing services for Gloria, okay....
WITNESS: Correct.
LEGAL COUNSEL: when did you start providing services?
WITNESS: Approximately two in a half, three months ago.
LEGAL COUNSEL: Okay, and how did the...how did they get started...how...how did
that come about, that she was receiving services?
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
The referral was put in through Dr. Garcia, her doctor and once
that happens the division interviews her. They do an intake and
they send us into the home and it’s all voluntary services too.
Okay, and how often do you go to her home?
I go once a week, approximately an hour to one and a half hours a
week.
Is it the same day every week or different ...
Uh, unless another...something comes up, but ....typically on
Wednesday at 11:30.
And could you describe what you do in that hour in a half visit
with Gloria?
I typically bring toys in and we just work with Oscar trying to get
him to use his voice and stuff. Sometimes...when I first started
going he kicked me and pushed me and stuff like that, so Gloria
and I talked about ways of working around that, either ignoring the
behavior and just going on to something else or trying to redirect
him and uh...that’s pretty much how our sessions go. After each
session I write notes, write down like recommendations, things she
can do for the week or if she has specific questions or you know
she recently said she likes to get a phone so we have been working
on that recently with her. So were also there...were also available
for if she needs help with rent or getting her phone turned back on,
you know that type of stuff.
Uh-huh, and is your work just with Oscar, do you work also...does
Gloria participate?
Yes, Gloria does participate. She stays in the living room with us,
we usually sit on the floor and we'll play with Oscar, and you
know during that time Gloria has questions she asks them to me,
and definitely we do request that the parent participate in the
sessions. That way they can follow through whatever that we are
recommending.
Okay and are there...do you ever discuss parenting issues or
discipline or methods of discipline and that type of thing?
We talk about that sometimes, you know Gloria’s been concerned
about Oscar’s crying when she leaves. Uhm...that type of stuff.
Uhm... you know about using timeout versus spanking. So
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
UNKNOWN:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
whenever she has specific questions, then we’ll just go over it and
usually how something comes up or if Oscar acting out someway
she’ll say that “ what I’m describing to you, what should I do with
that?”. So that’s when we get to specifics.
Okay and so you had an opportunity to observe her interactions
with Oscar?
Yes.
And again, how old is Oscar?
Oscar will be...he’s two and seven months right now.
And she has another child living with her named Juan?
Yes she does, yeah. That’s also...that’s her son, yes.
How old is he?
I believe Juan is a year, I’m not quite sure how old he is.
A year.
And have you observed her interaction with Oscar and Juan?
Yes I have.
What can you tell me about that in general?
I...most of the...all of the interaction that I’ve observed to date
have been appropriate. I go in the house it’s always clean, their
always waiting for me. Gloria has never missed an appointment
with me and like I stated these are voluntary services so she’s
allowing us to come in to the home and work with her and the kids.
And have you observed her discipline either child while you were
there?
Uhmm...[ haven’t. Typically were the ones that are kind of doing
the disciplining and what we do...we just ah...just so that...some
role modeling so that the...
Ah-huh...
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
WITNESS:
LEGAL COUNSEL:
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Moms will see the kind of stuff that we’re...we’re doing,
and...and I...1 believe she’s following through with some of the
stuff that we do, like ignoring some of the crying and stuff because
I...Oscar’s um...behaviors...his aggressive behavior have
decreased a lot and typically we see that when the parents carry
through with what we’re recommending...
Um-huh...
then we start...start to see progression and I’ve seen a lot in Oscar
actually...
okay....
he’s done really well.
And specially what is his ah...developmental disability?
It’s...1t’s speech delay at this point, but he also has some
behavioral issues too, like...like the kicking and hitting and stuff
when I first came in but a lot of those have not...1 mean they’ve
decreased already since we’ve been working with him. Like I said
we can re-direct him or we just ignore the behavior for right now
and if...and he seems to come around pretty easily.
Okay and ah...do...does Gloria seem to have an affectionate
relationship with her...
Definitely.
children?
(chuckle)...yes, yeah. Her...you...1 mean...her son...and son
seem to be very bonded to her...
okay...
very attached to her.
Okay. Have you seen...ah have you met Gloria’s older children
ah...Julian and Linda?
Just today.
Okay. You haven’t seen her...
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No.
with them...
uhmm-uhmm.
prior to today?
No.
Okay. Do you ah...know Alex Galaz Sr. at all?
No.
Okay. I don’t have any other questions, your honor.
Mr. Galaz, you have an opportunity to cross-examine or question
this witness about any testimony that she has provided here.
Would you like to do so?
No.
Okay, thank you Ms. Car, you can have a seat and if you leave the
court room don’t discuss your testimony with anyone else okay?
Thank you.
Do you have any other witnesses?
Ah...yes your honor, I'd like to call Vicky Bustamante Nunez.
And you took an oath earlier Ms. Bustamante?
Yeah.
Okay.
Could you state your name for the record please?
Vicky Bustamante Nunez.
Okay and ah... what... what is your address?
7394 South Mission Road.
What is your relationship with Gloria Bustamante?
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I’m her older sister.
Okay, so you’ve known her your whole ....
Yes.
her whole life? And do you know her children Julian and Linda?
Yes.
Okay, you’ ve known them their whole life also?
Yes.
Okay, and how about Mr. Galaz?
Yes.
Okay, ah...when’s the last time you seen ah...Mr. Alex Galaz?
ah...
Prior to today?
In Court the last time...
The last time...
We were here.
Okay, prior to that?
I guess ah...this Saturday, when I picked up the kids.
Okay.
He just drops them off and leaves.
Other then that, have you had any contact with him...
No.
recently?
Um...now do you ah...see your sister Gloria a lot?
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Yes.
How often would you say you see her?
Um...about maybe three or four times a week.
Okay, and do you...on the days that you don’t see her in person,
do you speak with her on the phone?
Yes.
Okay. So how many out of...out of the week, how often would
you have contact with her either in person or on the phone?
Five days.
Five days?
Um-huh.
Okay. When you see her in person ah...how long are you seeing
her for each time?
Ummm....ahhh....[ would guess maybe four...four hours....
Four hours?
a day.
Okay. And is that...are you going to visit her or is she coming
over to visit you?
Ah...both.
Both, okay. So you had an opportunity to see her apartment?
¥es,
Okay. Can you describe it?
Umm...she has furniture, she has food, she has toys for the kids.
It’s a two bedroom, ah...pictures of all the kids all his six kids and
um...she has food, she...it’s clean...
Um-huh.
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It’s a typical home.
Okay. And she lives there with her...her two sons, Juan and
Oscar?
Yes,
Okay. Have you seen her interacting with Juan and Oscar?
Yes.
Okay. Can you describe their interactions?
Um...very motherly...um...their very attached to her.
Um-huh.
Um,..
How do you know that?
Um...for one, because Oscar cries every time she leaves him,
when she needs to be by herself to do things on her own...and
especially when she comes back they both get very excited, and
they go running to her.
Uh-huh. And do they show affection toward each other?
Yes.
What...how do they do that?
Um...a lot of hugging and kissing and playing and laughing and
tickling.
Um-huh, okay. Have you ever seen her...ah, discipline Oscar or
Juan?
Um...Oscar mostly.
What do you see?
Um...she disciplines him verbally.
Uh-huh.
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Ah...just recently...um...she and I started putting him in time out,
and that’s different especially for Oscar.
She’s not used to that?
No.
Is that...does that work?
Yeah, it does.
Okay. Um...do the kids ah....do Juan and Oscar ever...do they
appear well fed and clean?
Um...my sister gives them a bath everyday and changes their
clothes everyday...
Um-huh.
gives them breakfast, lunch and dinner and snacks...
Okay.
their very well taken care of.
Okay. And ah...have you seen ah...Gloria interact with her two
older kids Linda and Julian?
Yes.
On...on what occasions have you seen...
On Saturdays.
Okay, for the visits?
Yes.
And that was...those are the visits that just started recently?
Yes.
And what about prior to that?
Um...you mean like...before they were taken away? Or...
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Well just in general, I know there was a period when she didn’t
visit them a lot but recently and prior to that have you seen them
together?
Well I can’t remember like prior, but recently.
Okay. Well can you describe what you’ve seen recently?
Um...When I pick them up they’re very anxious to be with Gloria,
especially Julian...
Um-huh
interactive with...when’s she’s
and I’ve seen a lot of
been...towards them...
Um-huh.
and talking to them and...and just... can just see that they miss
her.
Um-huh. Ah...when they...when ah...when they first arrive do
they greet her?
Um-huh, yes.
How...how do they greet her?
They go to her and hug her and...and say hi and stuff, just make
themselves at home.
Um-huh. They seem happy to be with her?
Yes.
Okay. And then what kind of things does she do with them while
their there?
Well I know the first time they went to ah...ah...fair at
Pueblos...Pueblo High School.
Um-huh.
And...ah I don’t really know exactly because um...the times I
have gone to pick them up, I just go in and say hi and then leave. I
don’t stay with them there.
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Okay.
I know that she does keeps them...she does keep them busy.
Okay. And then are you there picking them up at the end of visits?
Yes.
Okay, and can describe for me their interactions at that time?
Um...they just kissed everybody, some say I love you and see you
next Saturday and you know, that’s about it.
Okay. Have you ever seen ah...ah...Gloria discipline Linda and
Julian?
No.
Okay. Now you know that ah...Gloria’s had some problems in the
past with drug use?
Yes.
Okay. As far as you know is she ah...clean and sober now?
Yes.
Okay. I don’t have any other questions, your honor.
Mr. Galaz, would you like to have any questions of this witness?
Um...yes.
Her testimony? The opportunity to ask...
Were...were you or was Gloria Court ordered to pick up the kids?
Ah...I don’t remember.
You were at the last court weren’t you?
Yes.
Um...could you ask the judge? (pause) I mean he ordered it.
(pause) | mean there was...she was suppose to pick up the kids
right? There was no....there was no (cleared throat) Vicky
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Bustamante pick up the kids and drop them off, it was Gloria
Bustamante pick up the kids and drop them off (sniffle) I’m I
correct?
I guess, I don’t remember ah...
I mean....
I don’t remember yesterday.
we’re you or were you not at the last court?
Yes.
Okay, you should know because it was ordered by the judge.
(cleared throat) So obviously this is Gloria Bustamante was
ordered to pick up the kids and drop them off not Vicky
Bustamante, (pause) I’m I correct?
I think so.
(inaudible)
I don’t know.
I’m asking you the question
I don’t know, I don’t remember ah...I don’t even remember
yesterday, I...I don’t remember.
Hmm...that’s all I got to say.
Do you have any questions?
LEGAL COUNSEL: No, I don’t have any other questions.
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Your excused. Any other witnesses?
Ah...yes your honor, Gloria Bustamante.
(pause)
Could you state your name for the record please?
Gloria Bustamante.
LEGAL COUNSEL: And ah...Ms. Bustamante, what is your address?
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