BAKERSFIELD, Calif.(KBAK/KBFX) — According to newly filed documents, the biological mother of 8-year-old Genesis Mata, Destiny De La Cruz, is alleging that Child Protective Services (CPS) did not do enough before she was allegedly tortured and murdered by her father, Ray Mata, Jr. and stepmother, Graciela Bustamonte.
De La Cruz filed a wrongful death and injury claim against Kern County earlier this month, documents show.
RELATED: Trial for Genesis Mata’s father and stepmother delayed to March 2026
In the documents, De La Cruz alleges that there were 20 child abuse reports before Genesis’ death in August. Mandated reporters said her brother was found “battered and bruised.” Also in the claim, Ray Mata, Jr., was under investigation by CPS, but had lost track of him as of July 2025.
RELATED: Family blames CPS for ignoring abuse in the death of 8-year-old girl
The county has 45 days to respond to the claims.
A death investigation is underway after a body was discovered inside the La Quinta Inn in central Bakersfield, according to the Bakersfield Police Department. This is a photo of the crime scene on August 2, 2025. PHOTO: KBAK/KBFX
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Ray Mata Jr. and Graciela Bustamonte face seven felony charges, including murder, child cruelty, and torture, in connection with the death of 8-year-old Genesis Mata. They are eligible for the death penalty.
Genesis Mata was found dead in a bathtub at a La Quinta Inn motel on Buck Owens Boulevard on August 2, 2025.