Suffolk, NY – A special grand jury formed to investigate the Suffolk County Department of Social Services following the tragic death of 8-year-old Thomas Valva in 2020 has released a 75-page report. The report concludes that no criminal charges should be filed against Child Protective Services (CPS) caseworkers involved in investigating allegations of abuse by the child’s father and his fiancé. However, the report highlights the need for reform in confidentiality laws that effectively shielded the caseworkers from public scrutiny.
The grand jury’s report does not recommend criminal charges against the CPS caseworkers or supervisors responsible for repeatedly failing to protect Thomas Valva and his brother Anthony from the abuse they endured, which included beatings, starvation, and verbal abuse. Instead, the report calls for amendments to state laws to allow grand juries and district attorneys to access unfounded CPS reports and their underlying documents in order to conduct investigations.
The report details how CPS received more than 10 reports from mandated reporters accusing Thomas’s father and fiancé of abuse, but these reports were deemed “unfounded.” As a result, the caseworkers were shielded from potential criminal charges. The report criticizes the current confidentiality laws and rules governing access to unfounded CPS files, stating that they unintentionally protect CPS and its employees from investigation into criminal culpability.
Furthermore, the grand jury faced significant challenges due to state law and a court ruling that restricts access to CPS reports that were not substantiated. The report emphasizes the need for better mechanisms to investigate willful misconduct or gross negligence by CPS caseworkers and other personnel.
The report also highlights the promotion of three CPS employees who played key roles in the investigations into Thomas Valva’s case, raising concerns about the agency’s handling of the matter. The grand jury proposes a range of reforms, including legislative and administrative changes, to address these issues.
Thomas Valva died on January 17, 2020, after his father and fiancé forced him and his older brother to sleep overnight in an unheated garage. Both individuals were convicted of second-degree murder and child endangerment charges. Testimony during the trial revealed that teachers and school counselors had filed multiple reports of abuse, but CPS dismissed the allegations.
The report criticizes the Office of Children and Family Services (OCFS) for relying solely on information provided by CPS when monitoring the agency’s practices. It recommends that OCFS conduct independent investigations and improve communication regarding trainee evaluations.
In response to Thomas Valva’s death, heightened monitoring was implemented for Suffolk’s CPS. However, the report highlights concerns regarding supervision, case history reviews, safety assessments, and plans. The report suggests that Suffolk’s CPS needs to conduct annual employee evaluations, provide training for evaluators, and revamp its disciplinary process.
The grand jury report also calls for improved collaboration between CPS employees and law enforcement agencies. It suggests that police department detectives in the Special Victims Unit should investigate cases involving children between the ages of 13 and 17, expanding their current jurisdiction.
Despite the report’s findings, Thomas Valva’s mother, Justyna Zubko Valva, has rejected a $3 million settlement offer from Suffolk County, vowing to pursue her lawsuit against the county and individual caseworkers.
The release of the report sheds light on the failures within Suffolk County’s Child Protective Services and highlights the urgent need for reforms to prevent similar tragedies in the future.