Declaration of Facts 11162023

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MOTHER OF ZACHARIA BURGESS, MARIANNE HOPKINS (WILLIAMS) Sacramento County TO: The Honorable Judge Myrlys Stockdale Coleman SUBJ: Zacharia Burgess FROM: Marianne Hopkins (Williams), (314)745-3541 DOB: 04/25/2023 Mother of Zacharia Burgess Marianne Hopkins (Williams) Physical Address: 4228 13 th Avenue Sacramento, CA 95820 Mailing Address: 2415 Cascade Drive Walnut Creek, CA 94598 November 16, 2023 RE: Declaration Letter Case: Zacharia Burgess To the Honorable Judge Myrlys Stockdale Coleman: This document is a declaration of facts concerning Zacharia King Burgess, a sixth-month-old boy, and to motion that Zacharia Burgess be returned to his mother, Marianne Hopkins (Williams), and remain in her care effective immediately. SACRAMENTO COUNTY THUS FAR Your honor, this case has recently been transferred to Sacramento County from Contra Costa County as of 11/1/2023, and thus far, I have not been allowed to see my son for the last two weeks as of November 16, 2023. I have called my assigned social worker, Kaitlin, nine times each time leaving a voicemail (although 3 of the calls her voicemail was not set up), followed by a text message confirming my phone call. I have requested a referral to Bridges as well, multiple times, still unable to drug test. My son is only six months old your honor, I have not provided a single positive drug test since my son was detained, but rather eight negative test results. This is my first and will be my last CPS case. I have completed my case plan by attending a parenting class, an outpatient program, and individual counseling. I plan on continuing my counseling sessions even after my case with CPS closes, because I find it helpful, to balance life events, get feedback on situations, and unload how I feel. Your honor, please give me my son back. Please give me a chance to raise him, to show him that he is not abandoned, that he is in fact loved very much, and that I would never put him in danger or harm’s way—I beg you for a chance your honor and I can promise I will not let you down. Your honor, I can’t tell you how much I regret using while pregnant. I now have the tools needed to ensure that will not happen again. I know to reach out to my support group and communicate how I am feeling, they now know too to expect this from me and will also reach out periodically to ensure I am doing okay. I know what my triggers are and how to handle them—“this too shall pass,” is my favorite and most used way of getting through almost anything tough. That and playing billiards at my stepdads, taking a walk on the trail, playing catch with my old friend from high school, I know how to remain sober. Your honor, the difference between me now and then, is that I am a mother now. I am a mother now, and I don’t know if you have kids or not, but in case you do not, let me explain that becoming a parent changes you; it changes you to the very core of who you are. Life no longer revolves around you anymore! I know for a fact Zacharia is and never will be in danger or harm’s way while in my care because I am his mother. I want nothing more than for him to be well off, to grow into a young boy, a young man, with a strong head on his shoulders, and the love and support that I know I can provide for him. Reference Attachment 1: Drug Test Receipts Reference Attachment 2: Report from Counselor Reference Attachment 3: Outpatient Program Ujima East – Daily Attendance Log Reference Attachment 4: Outpatient Program Ujima Central Email Communications Reference Attachment 7: Parenting Class Completion Certificate Reference Attachment 8: Pictures of Zacharia while with his Mother 1

ZACHARIA KING BURGESS I gave birth to Zacharia on 4/25/23, at the South Sacramento Kaiser hospital after 23-hours of labor. Zacharia was born 9 lbs. 1 oz. measuring 21.5” tall with a full head of hair. Although Zacharia was in good health, I had acquired post-partum pre-eclampsia, and pneumonia while giving birth, delaying our discharge to 4/30/23. I received my pre-natal care through WellSpace in Sacramento; my doctor was fired one-month before my due date, at which time WellSpace provided me with a new doctor. My experience with the new doctor was horrifying, but that late in pregnancy, I could not find a doctor that would take me as their patient. My first appointment with the new doctor, I left in tears, completely mortified, as I was told my baby wasn’t going to survive because of my first doctor’s neglect in providing necessary medication that held a specific time interval to administer. After my doctor was fired, I made sure to see a doctor regularly, as I was supposed to, by going to a hospital. I went to Kaiser in Vacaville on 4/2/23 and John Muir in Walnut Creek on 4/10/23, 4/17/23, and 4/22/23. When Zacharia was born, I was 36 weeks, 5 days pregnant. I also attended educational classes through WellSpace to help prepare for motherhood. Although Zacharia was my second child, I never got to experience the responsibilities of being a mom with my first son. My first son, Kaiden King Burgess, born 11/25/21, died on 12/10/21 from Vein of Galen Malformation. It is a one-in-a-million disorder that affects any age but is highly fatal for neonates. Dwayne Burgess and I discovered our first sons’ condition when I was seven months pregnant. Hopeful our son would be a miracle child and could beat the odds but knowing the likelihood of his survival was none. When I got pregnant with Zacharia, I was scared—I believe any woman in my shoes would have been. When I was told my baby wasn’t going to survive, it was unbearable. I am a 34-year-old woman. I gave birth to my first son at 32, and my second at 33. To me, getting pregnant was short of a miracle, as after 30+ years, I expected if pregnancy were to happen, it would have by then. My sons were miracles to me, something I never expected to experience, and I am more than grateful that God blessed me with my two sons, despite the little time I had with my first—I never asked God, why, and still won’t—even with everything happening with CFS—I thank God every day that Zacharia is healthy, alive, and well. Reference Attachment 9: Pictures of Zacharia at Birth ZACHARIA’S FIRST 2 MONTHS While in my care, Zacharia attended three doctors’ appointments, all of which reported he was growing exceptionally well and was in good health. Routines are very important to newborns and infants, so I made sure to introduce this to Zacharia immediately to provide a sense of security and structure. The first few months are the building blocks to the rest of his life, so developing a strong routine was important to me, to provide to Zacharia. I developed a schedule so that his feeding was every three hours, gradually relaxing into nights that occasionally stretched into 6-7 hours. I made sure to have bottles clean and ready to go for the evening feedings, and early morning wake ups. I tracked his bowel movements to report to the doctor on visits, as well as notice any abnormalities. At nighttime, Zacharia went to sleep at the same time every night. We had a bedtime routine, consisting of me reading a book to him, sometimes two, checking his diaper and then turning on his starry night light before giving him a kiss and a hug and lying him in his crib. I ensured we practiced safe sleep, always setting him on his back with no toys, heavy loose blankets, or other objects in the crib while he slept. We would wake up 3-4 hours later, ready to eat, but making sure to burp before lying him back down for bed. We had a routine for everything, from getting up in the morning at the same time, to getting ready for doctor’s visits. My goal was to provide him structure and security so that he had that with him as he grows up. The report initially created by Social Worker Amy Toomey of CCC stated that my son was in good health, bonding well with me, that I appeared sober, and that I had a clean and safe environment for my him. She referenced techniques I used to soothe him if he became fussy during our interview, taking note of his appropriate clothing, and the baby supplies I had readily available for him. Reference Attachment 10: Portions of Pre-Discovery Report Reference Attachment 11: Zacharia’s Doctor Visits CONTRA COSTA COUNTY CHILDREN FAMILY SERVICES Zacharia lived with his mother and grandmother in Walnut Creek, California for the first two-months of his life before being detained in court on 6/20/23 by CCC CFS. No preventative measures were ever provided to the mother or father by CCC CFS before detaining Zacharia. California Rule of Court  5.760 (d) – Before detaining the child, the court must determine whether continuance in the home of the parent is contrary to the child’s welfare and whether there are available services that would prevent the need for further detention. The court must make these determinations on a case-by-case basis and must state the evidence relied on in reaching its decision. Reference Attachment 12: Safety Plan provided before Zacharia’s Detainment 2

During a Team Decision Meeting (TDM) held 5/17/23 the action plan agreed upon by CCC CFS, states for “Zacharia to stay with mother.” This was later completely disregarded in a subsequent court date at which Zacharia was immediately detained. No notification or reasoning was provided to the parents of Zacharia when he became a Dependent of the Juvenile Court. ]=Welfare and Institutions Code  16501.1(a)(3) - The agency shall consider and document the recommendations of the child and family team, as defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations. Welfare and Institutions Code  290.1 – If the social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The social worker shall serve notice as prescribed in this section. (a) Notice shall be given to the following persons whose whereabouts are known or become known prior to the initial petition hearing: (1) the mother. (f) Notice shall not be served electronically under this section. CCC CFS accompanied by Walnut Creek police arrived a couple hours before the Detention Hearing on 5/23/23 to detain Zacharia Burgess according to security footage, and confirmation from social worker, Mechan Earls during Case Plan meeting held via Zoom 7/27/23. The TDM was held only two business days prior, with no reasoning provided by CCC CFS as to what had changed in the time in which the action plan consisted of Zacharia remaining home with mother and then a complete 180* turn around. The action plans provided thus far had no preventative measures stated for mother in order to prevent her son from being placed in foster care. The father, Dwayne Burgess, was never considered an option for placement, despite being very present in Zacharia’s life from birth. The grandmother, at which Zacharia was staying, was also not considered before placing Zacharia in a CCC Foster Home. Still to this day, there is no understanding as to why Zacharia was detained. Reference Attachment 14: Action Plan provided before Zacharia’s Detainment Reference Attachment 15: Communications Requesting Supervisor Social Worker reasoning as to why Zacharia was detained Reference Attachment 16: Family Resource Approval for my mother to gain temporary guardianship Welfare and Institutions Code  306(f) - Before taking a child into custody, a social worker shall consider whether the child may remain safely in his or her residence. The consideration of whether the child may remain safely at home shall include, but not be limited to, the following factors: (1) Whether there are any reasonable services available to the worker which, if provided to the child’s parent, guardian, caretaker, or to the child would eliminate the need to remove the child from the custody of his or her parent, guardian, Indian custodian, or other caretaker. (2) Whether a referral to public assistance pursuant to Chapter 2 (commencing with Section 11200) of Part 3, Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1 (commencing with Section 17000) of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6, of Division 9 would eliminate the need to take temporary custody of the child. If those services are available, they shall be utilized. (3) Whether a nonoffending caretaker can provide for and protect the child from abuse and neglect and whether the alleged perpetrator voluntarily agrees to withdraw from the residence, withdraws from the residence, and is likely to remain withdrawn from the residence. Welfare and Institutions Code  361.5(a) - In any case in which a child is removed from the physical custody of his or her parents pursuant to Section 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative’s immigration status. In determining whether placement with a relative is appropriate, the county social worker and court shall consider, but shall not be limited to, consideration of all the following factors: (1) The best interest of the child, including special physical, psychological, educational, medical, or emotional needs; (2) The wishes of the parent, the relative, and child, if appropriate; (3) The provisions of Part 6 (commencing with Section 7950) of Division 12 of the Family Code regarding relative placement; (4) Placement of siblings and half siblings in the same home, unless that placement is found to be contrary to the safety and well-being of any of the siblings, as provided in Section 16002; (5) The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of child abuse or neglect; (6) The nature and duration of the relationship between the child and the relative, and the relative’s desire to care for, and to provide legal permanency for, the child if reunification is unsuccessful. (7) The ability of the relative to do the following: 3

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