Baby Formula

The reports also reveal Ponciano's feelings of helplessness in regard to the system. At the January 11, 2000, visitation, case aide Raul Escalante writes, "Pickup was made on time. [Rosa] was not ready for transport, she was still asleep. Foster mom told me to tell Ponciano to change her. Transported [Rosa] to client's home. Dad was ready to receive her. Home clean, a few dishes in the sink. Dad a tad upset about how slow things were moving, he feels that nothing is being done and that foster parents are in the lead."

On March 30, 2000, Escalante notes, "Visit starts on time. [Rosa] grew a big smile when dad answered the door. Dad took her in his arms and took her in. [Rosa] is walking a bit more. Once again I told dad to praise her when she does. Dad appears to feel threatened by foster parents. Dad calls lawyer. Lawyer tells dad that a psychologist is going to be visiting and evaluating him. Client doesn't see why?? Client asks why is it that the foster parents are the only ones being listened to and he is not being heard??"

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Despite the visitation reports that show Ponciano's attentiveness during visits, Juvenile Court Judge Dana Wakefield agreed on July 6 to reduce the father's visitation time from three days a week to once a week. Ponciano says he lived for every Tuesday, Thursday and Saturday that he would get to see his daughter. But he says even those visits were few and far between. He and Romero have reported eighteen days in May, June and early July that Ponciano's visits were canceled by the foster parents.

"They would say that the baby was sick or that they were taking her on a trip. And Raul [Escalante] would cancel, too, saying his car broke down or that his wife was sick," Ponciano says. "They used to ask me to sign permission to let them take her on trips, like to Colorado Springs, but now they just take her."

Lately, the animosity between the two sides has resulted in personal grudges being battled in court. The foster parents reportedly denied manipulating the visitations during the July 6 hearing, which was continued until September 20 at Romero's request; she told the judge that since she had just taken the case, she needed more time to familiarize herself with it. In a recent motion to reinstate Ponciano's parenting time, Romero writes, "The Intervenors' disobedience and defiance of this Court's parenting time order is contemptuous and meant solely to sabotage the reunification goal. Furthermore, the Intervenors' acts are so intrusive and such an obstruction to justice that the child's long term interests are in jeopardy. On that basis, the Respondent moves the court to either return [Rosa] to her father or move her to another foster home so that the reunification work can continue, unobstructed by a desperate, selfish, childless couple who have proven that they will go to any extreme, including perjury, to disrupt [Rosa's] bond with her father. If [Rosa] is showing behavior deviation, perhaps it is because by interfering with her parenting time, the Intervenors are disturbing her only constant and loving attachment. Maybe she is even feeling abandoned."

Romero is arguing that the foster parents' alleged tampering with Ponciano's visits is a serious offense. She points to a state kidnapping statute that states: "Any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody of his or her parents, guardian, or lawful custodian, commits a class 5 felony."

Ponciano is now turning to Mayor Wellington Webb's office and to the manager of the human services department for help; he filed a complaint on August 20 and requested that they review the Gomezes' foster-care license and investigate their alleged interference with his visitation time. He also requested that they look into the conduct of caseworker Pat Killen and case aide Raul Escalante.

After Westword requested interviews with the foster parents, their attorney filed a motion asking the judge to restrict any parties involved in the case from speaking to the press. At the August 24 hearing on that and other motions, Judge Wakefield said it's not his job to restrain anyone from talking to the media. He also issued a stern admonition to McConaughy and Romero for the vitriolic tone in their recent motions and said that the already circus-like atmosphere of the case has only been enhanced in recent weeks as Romero and McConaughy have continued to file frivolous motions; Romero, for example, requested that Rosa be immediately removed from the Gomez home even though there is no evidence that she is in any danger there, and McConaughy asked that Romero, a private attorney, be removed from the case.

His job, Wakefield said, is not to waste time ruling on groundless motions, but to decide the fate of Rosa Avina, which he will begin to do at a three-day hearing scheduled to start on September 20. If Wakefield finds guardian ad litem Littman's arguments persuasive enough to terminate Ponciano's parental rights, the father is prepared to appeal (as are the Gomezes, if the case goes the other way).

While he waits, Ponciano still gets up every morning and puts in a hard day's work, trying to make it through the week until Thursday evening, his one chance to see his little girl. "I want her to live like God intended us to live: happy," Ponciano says. "I want her to live happy in Mexico."