Updated: Wednesday, 24 Feb 2010, 9:43 PM CST
Published : Wednesday, 24 Feb 2010, 9:36 PM CST

SALLY MACDONALD
Reporter

HOUSTON - A spokeswoman for Child Protective Services says the agency should have done more before a two-and-a-half-year-old girl wound up in the hospital looking like a skeleton.

The girl's caretaker is in jail accused of intentionally starving her. A three month long investigation resulted in the arrest of Joy Padilla, 40, on a charge of injury to a child.

According to court documents, Heaven Jenkins weighed 16 pounds, similar to what a seven-month-old baby should weigh. Doctors say she was not fed. Padilla's own children, however, say their mother did nothing wrong and CPS is to blame.

"Why would she starve Heaven? If she starved Heaven, all of us would have been starved, too," said Tony Silva, one of Padilla's twelve children.

In February of 2009, Padilla temporarily became a mom of 13 children while living and working at the Texas Inn on the North Freeway at Crosstimbers. Investigators say Heaven's biological mother, Pamela Jenkins, dropped off her then 21-month-old daughter with Padilla before going to jail on prostitution charges.

Silva says his mother barely knew Jenkins when she suddenly began caring for the little girl. The biological mother sent letters from jail and addressed them to

"The Spanish Lady" who works security at the motel. She writes how she loves Heaven and will try to send money for her care.

Jenkins returned to the motel in November, nine months later. Investigators say she called for police and an ambulance when she did not recognize her child due to "excessive weight loss." Officers reported Heaven was pale and thin with a gaunt face. The now two-and-a-half-year-old was rushed to Texas Children's Hospital weighing only 16 pounds.

Doctors didn't think she'd live because she was severely malnourished. According to court papers, Padilla blamed Heaven's condition on being lactose intolerant. Doctors say her skeletal and wasted condition could only be the result of neglect, since Heaven regularly drank whole milk without consequences.

Padilla's son says CPS knew Heaven was losing weight. Spokeswoman Estella Olguin says a caseworker visited the family in July after getting a complaint there were eight children living in one motel room. That's when CPS discovered Heaven was also staying with the family. Olguin says Padilla told the caseworker Heaven was losing weight and had no way to get her medical care.

"I mean the caseworker came to the house back and forth, and they didn't say nothing. I mean we tried to get them to take the little girl. They didn't take her. They just left her there," said Silva.

Olguin confirms no action was taken. She says CPS should have followed up on Padilla's concerns or taken custody of the child.

Heaven now weighs 33 pounds and is doing well with her foster family. Padilla is behind bars on $100,000 bond and is expecting her 13th child at any moment.

http://www.myfoxhouston.com/dpp/news/local/100224-cps-injury-child-charge

Emphasis added by H4K Editor