VISIT TO AMERICAN PRISONER ANNY Y RODRIGUEZ

UNCLAS BOGOTA 000044 SIPDIS E.O. 12958: N/A TAGS: CASC KCRM CO SUBJECT: VISIT TO AMERICAN PRISONER ANNY Y RODRIGUEZ ¶1. NAME: Rodriquez, Anny Y ¶2. SEX: Female ¶3. DPOB: DPOB: December 08, 1985, Dominican Republic ¶4. DATE OF ARREST: February 26, 2008 ¶5. CHARGES: Narcotics Trafficking ¶6. PLACE OF DETENTION: El Buen Pastor, Bogota, Colombia ¶7. MOST RECENT VISIT: August 26, 2009 ¶8. MISTREATMENT: None ¶9. JUDICIAL STATUS: Sentenced to 5 years and 2 months ¶9. REMARKS: Ms. Rodriquez appeared healthy but in poor spirits. Ms. Rodriquez gave her AMCIT son, Yandel Rodriquez, to a Colombian friend over Thanksgiving weekend. He returned with many bruises and scratches on his head and legs. The prison guards reported Yandel's injuries to Colombian children services (Bienestar Familiar). Children services came to the prison and took Yandel to the doctor for a full examination. The doctor reported that Yandel suffered from a major fall and that the doctor did not suspect foul play. Yandel was returned to Ms. Rodriquez two days later and children services informed her that if anything happens to Yandel again, the organization will take Yandel and place him in children services custody. She stated that she was depressed and not eating because she feared the worse for Yandel. Conoff Johnson visited Ms. Rodriquez and Yandel on December 2, ¶2009. Conoff saw severe bruising across the child's head and legs. Conoff asked for copy of doctor's report, but prison staff was unable to release the document. Conoff expressed the gravity of the situation to Ms. Rodriquez. Conoff informed Ms. Rodriquez that if something happens to Yandel again, children services may take custody of her son. Ms. Rodriquez expressed concerns that the prison guards were trying to get her son taken away from her and that she was afraid she was going to lose him. She requested Conoff to help move to a bigger cell so that she could have space to put a crib. At the conclusion of the visit, Conoff spoke with the director and social worker concerning Ms. Rodriquez request to change cells. The director noted that the prison was over populated and that she will try to search for a cell big enough to accommodate a crib. Conoff delivered vitamins, books and toiletries to Ms. Rodriquez. In addition, we delivered a box of clothing and photos sent from a friend. On December 9, 2009 the American Citizen Services (ACS) unit received a phone call from Bienestar Familiar stating that a social worker within the prison reported that that Ms. Rodriquez had left Yandel sleeping alone in a cell while she was sleeping with an inmate in another cell. Bienestar Familiar stated they would investigate the situation and consider taking the child under their care. The next day, Conoff Johnson went to the prison to inquire about the situation and to speak directly with Ms. Rodriguez. Ms. Rodriquez denied sleeping in another cell while her son was sleeping in a cell alone. She stated that she left her son with an inmate while she went to help paint another inmate's cell around 9:30pm. While visiting with Ms. Rodriguez, ACS FSN received a phone call that Bienestar Familiar had decided to take the child into custody and was in route to the prison. Conoff remained at prison until children services arrived. Children services explained to Ms. Rodriguez and to Conoff that Ms. Rodriquez was no longer fit to care for Yandel and he would be immediately placed into child services custody. Conoff noted that child was a U.S. citizen and asked if Bienestar Familiar would be willing to allow Yandel to resettle in the U.S. under the guardianship of a family member. Bienestar Familiar stated that organization was open to the idea. Conoff noted that the father of Yandel, Wilson Manuel Peralta Vargas, was incarcerated in Chaparral prison in Tolima, Colombia. His mother, Luciana Vargas, could become the guardian of Yandel. Conoff informed Bienestar Familiar that Ms. Rodriguez and Mr. Peralta have another child together who is in the care of Mr. Peralta's mother, Ms. Vargas. Bienestar Familiar stated that Yandel's birth certificate must be amended to include the father before Bienestar Familiar would release custody to Mr. Peralta's mother. At the conclusion of the meeting, Conoff gave Ms. Rodriquez a passport application and a Consular Report of Birth aboard application to fill in and sign. Conoff Johnson visited a family counselor of Bienestar Familiar on Friday, December 11, 2009 to inquire about the whereabouts of Yandel. The family counselor gave Conoff the contact information of Yandel and she would have Yandel and the foster mother come to the office on Monday, December 14, 2009 for a welfare/whereabouts visit. In addition, the family counselor would request an amended birth certificate to include the name of the father. Conoff requested visitation rights for Ms. Rodriquez and the family counselor accepted the request. Conoff contacted Mr. Peralta and informed him that he could request his mother to come to Colombia and take Yandel to the U.S. to live with her while both parents are incarcerated. Mr. Peralta agreed. Conoff contacted Ms. Vargas in New Jersey and informed her of the situation. Ms. Vargas stated that she would come to Colombia in the New Year and would be happy to take custody of Yandel. Conoff returned to the office of Bienestar Familiar on December 14, 2009 to meet with the foster mother and the child. Yandel appeared well and was playful. Conoff saw the bruising on his head and legs were healing. The foster mother explained that for the first three nights he cried continuously but seemed to have adjusted to the change. Conoff inquired about her ability to care for Yandel and she stated that she has 2 other infant children at the moment and has been a foster mother for many years. Bienestar Familiar brought Yandel to the prison on December 18, 2009 to visit Ms. Rodriquez. Bienestar Familiar is seeking an amended birth certificate. Once ACS receives amended birth certificate, we will issue an emergency passport and Consular Report of Birth for Yandel Rodriquez. BROWNFIELD