Grand jury releases findings on Child Protective Services' actions prior to death of Thomas Valva
HAUPPAUGE, N.Y. -- It was a tragedy felt across the country. Eight-year-old Thomas Valva died of hypothermia at the hands of his father and his fiancé, prompting an in-depth look at what went wrong in Suffolk County's Department of Social Services.
After a six-month investigation, a grand jury reported its findings on Thursday. The trial attorneys and the child's former teachers attended the emotional public announcement.
Heartbreak was etched on the faces of his East Moriches teachers who spent months reporting suspicions Thomas was being abused at home prior to his death. But a grand jury has found their fears were dismissed by Child Protective Services.
"Had CPS done its job, Thomas Valva would still be alive today," Suffolk County District Attorney Raymond Tierney said.
Thomas died of hypothermia in 2020 after being forced by his then-NYPD father, Michael, and his fiancé, Angela Pollina, to sleep in the garage in freezing temperatures.
Dozens of calls were made by teachers, including 11 reports alleging beatings, starvation and verbal abuse, but they were all deemed unfounded by CPS, the report concluded.
"The failures of CPS in this case were hidden by a dysfunctional system," Tierney said.
Under state confidentiality laws, CPS cases can be shielded from investigators, even after a death of a child.
"They are funded to provide this service to protect our children, and in these cases the state law is blocking the accountability," said Laura Ahearn of the Crime Victims Center.
Valva and Pollina are spending 25 years to life in prison. Thomas' mother, Justyna Zubko-Valva, is suing the county for $200 million.
The grand jury recommended no criminal charges against the CPS caseworkers and supervisors because it said they were hampered because names and actions were legally withheld.
"What steps did they take to investigate? Who did they interview? What findings did they make? We have no idea, and we cannot find out because of existing New York State law," Tierney said.
After six months and 27 witnesses, the grand jury recommended the state Legislature immediately amend New York's social services law so that we never have another Thomas Valva.
CPS union leaders said their caseworkers performed their jobs in accordance with their training and within the legal guidelines set forth by county code and state law.