Center Moriches NY
4-04-2024 7:19pm

DA states Thomas Valva's CPS records remain sealed, indicating the application of the "Backwards Law."

Suffolk County DA Ray Tierney expressed that if CPS had fulfilled its duties, Thomas Valva would still be alive today. Despite 11 reports made to CPS, assistance never materialized.

During a press conference unveiling a grand jury report on Thursday, Suffolk County District Attorney Ray Tierney disclosed that there were 11 reports filed to Suffolk County's Child Protective Services department regarding the abuse suffered by Thomas Valva, 8, and his brother at their home in Center Moriches, NY.

Ray Tierney added that CPS received 11 reports detailing instances of the boys arriving at school soaked in urine, shivering from the cold, and so severely malnourished that they resorted to scavenging floors and garbage cans for crumbs.

Despite the repeated and urgent "flood of calls" and pleas for assistance, no aid was forthcoming for Thomas and his brother. Additionally, due to what he characterized as broken New York State laws, Suffolk County DA Tierney highlighted that the CPS records concerning Thomas' reported abuse remain sealed, with no criminal charges leveled against CPS workers, no dismissals, no disciplinary measures, and even reports of some promotions.

Almost four years and four months since the tragic death of 8-year-old Thomas Valva, who succumbed to hypothermia after enduring a harrowing night with his brother on the freezing cement floor of his ex-NYPD officer's Center Moriches basement, his advocates, including his teachers, principal, and school psychologist, assembled once more in their ongoing quest for justice for the young boy who endured unspeakable abuse.

Kerriann Kelly, who steadfastly advocated for Thomas Valva throughout the trials of both Michael Valva, the boy's ex-NYPD officer father, and Angela Pollina, Valva's former fiance, attended the press event, accompanied by her trial team. They gathered to honor their commitment never to forget the young boy whose tragic death resonated with people worldwide.

On Thursday, Tierney unveiled the findings of a comprehensive 70-page grand jury report, which included over 20 recommendations for necessary changes to prevent another child from suffering a similar fate, isolated and neglected, despite the repeated pleas from trained professionals to Suffolk County Child Protective Services for assistance.

Tierney revealed that Thomas's tragic death occurred despite numerous complaints lodged by his teachers and East Moriches Elementary School staff to Child Protective Services over nearly two years.

Tierney disclosed that a special grand jury was convened, and over the span of six months, numerous witnesses came forward to provide testimony.

Tierney lamented, "Regrettably, the grand jury's inquiry was obstructed by existing New York State legislation, which permits CPS supervisors and superiors to withhold repeated reports of abuse they label as 'unfounded.' This statute enables these records to be shielded from public scrutiny, law enforcement, and even from a grand jury tasked with investigating a child's death. This backward law urgently requires revision."

He further emphasized, "The current system in place to safeguard our children is a disaster waiting to happen. It is unacceptable that even in cases like this, individuals such as a District Attorney, Superior Court Judge, or state advisory board are unable to access prior reports that CPS has unjustly labeled as 'unfounded.' The 75-page grand jury report unveiled today underscores the systemic shortcomings of the existing Child Protective Services system and advocates for sensible reforms both locally and statewide to prevent incompetence and indifference from being shielded, and to prevent another tragedy like the loss of Thomas Valva from occurring again."

Tierney conveyed to the media, "The loss of a child is always an incomprehensible tragedy." He affirmed that the grand jury was convened "to ensure such a tragedy is not repeated."

Tierney stated that over the course of six months, the grand jury heard from 27 witnesses and reviewed thousands of pages of documents.

In April 2023, Angela Pollina was convicted of murder in Thomas' death and sentenced to 25 years to life. Additionally, she received a one-year sentence for each of the four counts of endangering the welfare of a child. These sentences will run consecutively.

In 2022, former NYPD Officer Michael Valva was sentenced to the maximum penalty of 25 years to life in prison for his son's death. Valva, aged 45, was convicted of murder and endangering the welfare of a child.

Valva and Pollina were arrested on January 24, 2020.

Tierney confirmed, “Both individuals face a sentence of 25 years to life in prison, an appropriate outcome for their deeds.”

The District Attorney emphasized the crucial roleplayed by the elementary school staff in the case. Their testimony was instrumental in uncovering the heartbreaking story of Thomas Valva. Without their efforts, much of the truth might have remained hidden. Their advocacy, compassion, and unwavering support for the children are truly inspiring. We owe them our gratitude, and perhaps even a silent prayer of thanks. 🙏

The situation described at East Moriches Elementary School is deeply distressing. According to reports, Thomas and his brother endured neglect, abuse, and physical harm. The educators and staff at the school persistently raised concerns, but tragically, the system failed to protect these vulnerable children.

Thomas’ brother’s drastic weight loss of 20 lbs. in just one year is a clear sign of severe neglect. Additionally, the incident where Thomas was bruised after his father threw a backpack at himis deeply troubling. It’s heartbreaking that despite the teachers’ efforts, the situation escalated to such tragic consequences.

In 2020, Thomas Valva tragically froze to death after being forced to sleep in a garage during a cold January night. His father, Michael Valva, and his then-fiancée, Angela Pollina, were both convicted of depraved indifference murder1. The Suffolk County Child Protective Services (CPS) received numerous allegations of abuse related to Thomas and his brother, yet the tragedy unfolded.

As a community, we must reflect on how such circumstances were allowed to persist. Suffolk County District Attorney Ray Tierney is expected to share findings and recommendations to improve CPS, and the CPS Transformation Act, launched in Thomas’ honor, aims to enhance child protective services by raising pay and hiring additional case workers1.

Let us remember Thomas Valva and advocate for better protection and care for all vulnerable children. 🕯️

District Attorney Raymond A. Tierney expressed his gratitude to the homicide investigators and the trial staff for their unwavering dedication and hard work. Their commitment plays a crucial role in ensuring justice and safety for the residents of Suffolk County1. As part of his efforts to remove politics and special interests from the pursuit of justice, Tierney has made significant changes within the Suffolk County District Attorney’s Office. These changes include the creation of the Violent Criminal Enterprises (VCE) Bureau, which focuses on combating gun violence and criminal activity perpetrated by gangs and criminal organizations in the county. Additionally, the legal staff has been reorganized into five divisions, each with specific responsibilities1. Tierney’s commitment to serving all citizens of Suffolk County underscores his vision for an independent, fair, and effective district attorney’s office1. 🌟🔍👮‍♂️📝

Despite the 11 reports made to CPS from September 2017 to 2020, when Thomas died, made by professional, trained mandatory reporters, 10 of the 11 were deemed as “unfounded”; only one was marked “indicated,” meaning that the majority of records were sealed and unavailable to the DA or grand jury for review, Tierney said.

a report is deemed “unfounded, it simply disappears,” Tierney said. “We have no idea why CPS deemed them unfounded, no idea what, if any, steps they took, who they interviewed. This case was effectively thwarted simply because those reports were deemed unfounded. CPS shed no light. CPS was no help.”

He added: “Anyone can see that CPS should have intervened. If CPS had done its job, Thomas Valvawould still be alive today.”

Tierney also said school staffers were informed by CPS that multiple reports canceled each other out. This situation highlights the challenges faced when crucial information is not effectively communicated or acted upon, potentially impacting the safety and well-being of vulnerable individuals. 📚🔍🏫

Despite reports of corporal punishment and confirmation from Thomas of the abuse, “incredibly” the reports were deemed unfounded, Tierney said. And, he added, when CPSinvestigated, the boys were terrified of repercussions at home. This distressing situation underscores the critical importance of thorough investigations and timely interventions to protect vulnerable children from harm. 🚸🔍😢

Tierney discussed evidence uncovered at trial, including text threats sent by Michael Valva. These messages contained horrifying promises to “beat them until they bleed.” Additionally, videos were presented, capturing Valva physically assaulting the boys in the garage. These distressing revelations underscore the urgency of addressing domestic violence and ensuring the safety of vulnerable individuals. The justice system plays a critical role in holding perpetrators accountable and protecting those at risk. 📜🎥👊

A final report, which emerged after Thomas’s tragic passing, indicated abuse by CPS. However, this revelation is a stark example of “too little, too late.” Tierney also highlighted that while state law permits a mitigation process, allowing unfounded reports to be unsealed when something “compelling” occurs, in Thomas’s case, that critical step was not taken. Consequently, the records remain sealed to this day. The urgency of timely intervention and transparency in child protection cannot be overstated. 📜🔒👀

The grand jury has put forth a set of recommendations, one of which calls for the New York State Legislature to amend social services law. This amendment would permit the unsealing and disclosure of unfounded CPS reports to the DA and grand jury during investigations related to child abuse or death.

Tierney emphasized that these reports cannot continue to remain concealed. However, he acknowledged the delicate balance between safeguarding those who have been exonerated and ensuring the well-being of children. Striking that balance is crucial in the pursuit of justice and child protection. 📜🔍👶🏽

The grand jury has made significant recommendations to enhance child advocacy procedures in Suffolk County. These proposals aim to improve the safety and well-being of vulnerable children. Let’s delve into the details:

  1. Child Advocacy Centers (CACs): The grand jury suggests establishing and funding best-practices Child Advocacy Centers within Suffolk County. These centers would serve as a hub, bringing together all members of the county’s multi-disciplinary teams under one roof. By facilitating information sharing and fostering better relationships among these agencies, joint investigations can become more effective and efficient. Importantly, this approach seeks to minimize the trauma experienced by abused and maltreated children during the investigative process.
  2. Immediate Review by Casework Supervisor: The Suffolk County Legislature must take action by amending the Suffolk County administrative code. Specifically, when Child Protective Services (CPS) receives three or more reports related to a single case from mandated reporters, a casework supervisor should conduct an immediate review. This proactive step ensures that critical cases receive timely attention and assessment.

Balancing the need for transparency, child protection, and the rights of those exonerated remains a delicate task. However, these recommendations underscore the commitment to improving the system and safeguarding our community’s most vulnerable members. 🌟🔍👶🏽

Furthermore, the grand jury has put forth an additional recommendation: urging the governor to establish a task force. This task force would meticulously review all confidentiality laws and rules related to CPS investigations. The objective is twofold: first, to assess whether enhanced information sharing with mandatory reporterscould bolster the investigative process; and second, to ensure that such information exchange does not infringe upon an individual’s right to confidentiality. Striking this delicate balance is essential in safeguarding both the integrity of investigations and the rights of those involved. 🌟🔍👮‍♂️🔒

The grand jury’s recommendations highlight critical areas for improvement in Suffolk County’s Child Protective Services (CPS). Let’s delve into the details:

  1. Governor’s Task Force on Civil Service Examination Waiver:
    • The grand jury suggests that the governorform a task force to review the feasibility of extending the waiver of the civil service examination for new Child Protective Services caseworkers beyond the current expiration date of December 2024. Alternatively, they propose considering the elimination of the test altogether for new caseworkers. This recommendation stems from the understanding that the examination does not directly impact the job responsibilities of a caseworker.
  1. Suffolk County Training Academy for CPS Caseworkers:
    • The Suffolk County Executive should establish a task force to explore the feasibility of creating and funding a Suffolk County Training Academy specifically tailored for Child Protective Service caseworkers. Modeled after the successful academy created for the Administration for Children Services in New York City, this specialized training center would address the unique patterns and needs specific to Suffolk County.
    • Additionally, the grand jury recommends hiring retired police officers as investigative consultants within the Suffolk County Department of Social Services. These consultants would assist caseworkers in gathering information and conducting safety assessments. Their expertise would be particularly valuable in cases involving guns, gang activity, or situations where police officers or corrections officers are the alleged subjects of child abuse or maltreatment reports.

These recommendations underscore the commitment to enhancing child protection, improving training, and ensuring effective investigations. Striking a balance between accountability and safeguarding the welfare of children remains paramount. 🌟🔍👶🏽

The **grand jury** has made crucial recommendations to enhance the well-being of **Suffolk County Department of Social Services employees** and improve communication with mandated reporters. Let's explore these proposals:

1. **Employee Assistance Program (EAP)**:
- The grand jury suggests implementing an **Employee Assistance Program** similar to the one currently available for the **Suffolk County Police Department**. This program would provide access to mental health professionals for those dealing with **vicarious trauma**. Employees who need support could consult with these professionals, ensuring their well-being while handling challenging cases.

2. **Dedicated Hotline for Mandated Reporters**:
- To facilitate communication between **Child Protective Services (CPS)** and mandated reporters, a **dedicated hotline** should be established. This hotline would connect mandated reporters directly with the CPS personnel assigned to a case.
- Beyond communication, the hotline would serve additional purposes:
- **Identifying Patterns and Trends**: By tracking the types of calls received, CPS can identify patterns and trends related to child abuse or maltreatment.
- **Accountability for CPS Leadership**: The office would hold CPS leadership accountable for addressing concerns raised by mandated reporters once they receive a triggered alert.

These recommendations emphasize the importance of mental health support and effective communication in safeguarding children and supporting those on the front lines of child protection. 🌟🔍👮‍♂️📞

The recommendation to increase the number of **office assistants** for **Child Protective Services** is a crucial step toward enhancing the efficiency and effectiveness of their operations. These assistants play a vital role in supporting caseworkers, managing administrative tasks, and ensuring that the agency can focus on its core mission: safeguarding the well-being of vulnerable children. By bolstering the administrative workforce, CPS can better allocate resources, streamline processes, and respond promptly to the needs of the community. 🌟🔍👶🏽

The **grand jury** has put forth important recommendations aimed at improving the functioning of the **Suffolk County Department of Social Services**. Let's delve into these proposals:

1. **Better-Defined Disciplinary Process and Human Resources Department**:
- The grand jury emphasizes the need for a **better-defined disciplinary process** within the department. Clarity in procedures ensures fairness and accountability.
- Additionally, establishing a **better-defined human resources department** can streamline personnel management, address grievances, and promote transparency.

2. **Joint Trainings for Enhanced Collaboration**:
- The grand jury recommends implementing **joint trainings** involving key stakeholders:
- **Child Protective Services (CPS)**
- **Suffolk County Police Department**
- **Suffolk County District Attorney's Office**
- **Suffolk County Medical Examiner's Office**
- These trainings serve dual purposes:
- **Skill Enhancement**: Caseworkers investigating abuse cases can benefit from shared knowledge and improved techniques.
- **Relationship Building**: Collaborative training fosters better working relationships among participants, ultimately enhancing coordination and effectiveness.

Balancing accountability, skill development, and collaboration is essential in ensuring the safety and well-being of vulnerable individuals. 🌟🔍👮‍♂️📚

The **grand jury's recommendations** highlight critical areas for improvement in Suffolk County's **Child Protective Services (CPS)**. Let's delve into these proposals:

1. **Expanding the Role of Special Victims Unit Detectives**:
- Currently, **Special Victims Unit (SVU) detectives** investigate cases involving children under the age of 13. However, the grand jury recommends that these detectives should also handle cases involving children between the ages of 13 and 17.
- By doing so, these older children would be better equipped to provide information during forensic interviews. Increased confidence, security, and safety during interviews can significantly enhance the likelihood of a just outcome in these cases.

2. **Addressing Failures and Prior Policies**:
- The tragic death of **Thomas Valva** remains an enduring stain on Suffolk County. The grand jury report, as unveiled by **District Attorney Tierney**, underscores the failure of prior administration policies and the leadership of Suffolk CPS.
- Real action could have saved Thomas's life and protected countless others. Suffolk County must learn from this tragedy and take decisive steps to prevent similar cases in the future.

Safeguarding children's well-being requires continuous improvement, transparency, and accountability. Thomas deserved better, and Suffolk County must strive to ensure a safer environment for all its residents. 🌟🔍👶🏽

He added: “This report is not an indictment of the vast majority of men and women at CPS who every day must deal with some of the most difficult cases one can imagine. The failed performance of a few who were trusted to protect Thomas Valva — and many other children — does not represent the true mission and spirit of CPS. I have already begun making significant changes in the department and will be immediately bringing in new leadership. I want to thank the grand jury for its work on this report. We will use their recommendations as a guide for much-needed reform to implement changes.”

When asked if he was disappointed that there were no criminal charges against CPS workers, Tierneysaid, “The system didn’t even allow us to consider those charges.”

Many have cried out for change after the boys’ mother Justyna Zubko-Valva said she’d reached out for help from CPS to no avail. In addition, staff at Thomas’ East Moriches Elementary Schooltestified at both trials that they’d “flooded” CPSwith calls to report the boys being sent to school freezing, hungry, and in urine-soaked clothes, as well as with bruises — but, they said, help never came.

In 2020, former Suffolk County District Attorney Tim Sini first announced plans to convene a special grand jury to investigate all the circumstances surrounding Thomas’ death in the frigid garage.

Thomas’ death has deeply affected those who knew him and even strangers. Hundreds have come together to honor him at vigils, fundraisers, and his funeral.

Calls for change have echoed loudly, with many questioning how his case fell through the cracks despite reported calls and complaints about suspected abuse. The tragedy of Thomas Valva underscores the urgent need for reform and vigilance in child protection. 🕯️👶🏽🔍

Thomas’ mother, Justyna Zubko-Valva, made desperate pleas for help on her Twitter page before her son’s tragic death. In 2020, Zubko-Valva filed a $200 million wrongful death suit. A judge ruled that portions of this lawsuit can move forward.

Despite requests for comment, Zubko-Valva has remained silent.

Four years after Thomas’s passing, the newly elected Romaine vowed, in his inaugural speech this year, to overhaul the current system. His goal: to ensure that no child will ever again slip through Child Protective Services (CPS) and face such dire consequences, especially when there have been numerous documented calls to save them.

Romaine’s commitment to improving the county’s CPS is unwavering. During the inauguration ceremony, he pointed to his grandson, who sat next to a young boy in third grade named Thomas Valva. That poignant lesson serves as a reminder of the failures within our government today. Romaine pledges to work tirelessly to create a system that does not fail another child. 🌟🔍👶🏽

Romaine remains committed to evaluating Suffolk County’s Social Services and Child Protective Services (CPS) departments. His ongoing assessment aims to identify any deficiencies that may have played a role in the tragic death of Thomas Valva. In the pursuit of justice and child protection, Romaine plans to unveil a comprehensive plan to address these issues and prevent similar tragedies in the future. 🌟🔍👶🏽

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