Thomas Valva, the Center Moriches boy who froze to death after being forced to sleep on the floor of an unheated garage by his parents, would still be alive today if the county’s Child Protective Services division did its job, according to a special grand jury report revealed last week.
The scathing report, released by Suffolk District Attorney Raymond Tierney, fell short of handing up criminal charges for the CPS workers involved in the case but makes numerous recommendations on how the office can do a better job in protecting the county’s youth.
The grand jury investigation was hampered by state law which allowed CPS to withhold records showing how they handled the numerous reports by Thomas’ mother and teachers that he and his older brother, Anthony, were being abused, according to Tierney.
“It is unconscionable that even in a case such as this, no one, not even a district attorney, Superior Court judge, or state advisory board, can obtain prior reports that CPS has arbitrarily and erroneously deemed unfounded,” Tierney said. In the face of the abuse suffered by the Valva boys, who were both autistic, caseworkers sided with their father, a former New York City police officer, who washed off his son with a garden hose shortly before his death. He is currently serving a 25-years-to-life sentence, along with his fiancée at the time, Angela Pollina, who was also held responsible for the murder.
As the 75-page grand jury report came to light, Suffolk Department of Social Services Director Frances Pierre, who oversaw CPS during the Valva tragedy, resigned her post. County Executive Edward Romaine has named one of his deputies, Sylvia A. Diaz, to fill in for Pierre as he conducts a search for a permanent replacement. Romaine has pledged to overhaul CPS with new leadership, additional staff, training, and budgetary resources.
“I’m prepared to invest the time and energy necessary to improve this department,” Romaine stated. “What happened to Thomas Valva is a real sadness for Suffolk County. “We can't let something like this ever happen again.” Romaine, whose grandson was in the young man’s class, said he will join Tierney and Suffolk legislators in penning a letter to Gov. Kathy Hochul requesting changes in state law to allow investigators access to confidential records such as those in the Valva case.
“No one looking at this can come to any other conclusion other than CPS failed these boys miserably, and as a result, Thomas died,” Tierney said. Addressing the CPS decision to withhold files from his investigation, Tierney added: “The failure of CPS to do so can only be interpreted as a transparent attempt to shield their own inaction from public scrutiny.”
“We did not need a grand jury report to know that Suffolk County failed Thomas Valva,” Romaine concluded. His mother, Justyna Zubko-Valva, filed a lawsuit seeking $200 million from the county. She had previously rejected a $3 million settlement offer by the Bellone administration.
The recommendations of the special grand jury include:
Hiring more personnel to handle the CPS caseload.
Amending state law to allow a grand jury or district attorney to access sealed reports and underlying documents.
Amending Suffolk’s administrative code to require a supervisor to review cases when three or more abuse reports are made.
Forming task forces to review the state’s confidentiality laws and rules regarding CPS investigations; review Civil Service laws to make it easier to hire new workers, and create a training academy for CPS caseworkers.
Hiring retired police officers to investigative consultants considered by the Department of Social Services.
Providing DSS employees with an Employee Assistance Program that will make mental health professionals available to those dealing with trauma.
Providing a dedicated hotline for abuse complaints and allow residents to connect with CPS caseworkers.
The Valva lawsuit is one of many left unsettled by the Bellone administration. Suffolk officials estimate that the suits could add up to more than $1 billion in losses for the county, which is self-insured.