Suffolk DSS mandates new safeguard for abuse, neglect cases

In the wake of 8-year-old Thomas Valva’s death, Suffolk County Child Protective Services will require supervisors and administrators to review all cases in which caseworkers had determined more than four allegations of child abuse or neglect were unfounded, officials said Tuesday.

County Social Services Commissioner Frances Pierre and Family and Children’s Services division administrator Mark Clavin announced the new policy, which previously applied only to foster care cases, during a legislative hearing on the state of CPS two weeks after Thomas died after being allegedly forced to sleep in an unheated garage when temperatures plummeted to 19 degrees.

But Clavin and Pierre said little about Thomas’ case, citing confidentiality issues. Legislators reserved questions about the case for executive session following the hearing.

Pierre has previously said that CPS investigated "additional complaints" against the Valva family after petitions of child neglect were filed in family court in 2018 and an order of protection against harmful behaviors toward the children expired.

Legis. Anthony Piccirillo (R-Holtsville) was one of the few legislators to refer to specific allegations in the case in the public portion, asking what CPS would do if a child came to school “soaked in urine.” Clavin said caseworkers would examine a variety of factors, including whether the child urinated on his or her person on the way to school, was forced to come to school with the urine as punishment or if the child is prone to bathroom accidents.

About 65 CPS staffers were in group counseling after Thomas’ death, asking “what should have been done, what could have been done?” Clavin said.

“It’s a raw time for everyone,” he said.

Thomas' father, Michael Valva, 40, an NYPD transit officer, and his fiancee, Angela Pollina, 42, have been indicted on charges of second-degree murder and endangering the welfare of a child. Both are being held without bail. Through their attorney, they have pleaded not guilty to the criminal charges.

As legislators questioned them for nearly two hours, Pierre and Clavin acknowledged some department shortfalls and frustrations, including that allegations must be backed by supporting evidence, such as medical records or photographs of injuries, to classify a report as founded, according to state law. If reports are not classified as founded, caseworkers lose the legal authority to enter the home or investigate the case further, Clavin said.

“It’s frustrating to both the community and our staff that an allegation is not enough,” Clavin said. “We still need that supportive evidence.”

About 75% of reports of child abuse or neglect — there are more than 9,000 a year — are determined to be unfounded, Clavin said. That figure led at least one lawmaker, Legis. Steven Flotteron (R-Brightwaters) to question whether “a lot are falling through the cracks.”

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The presentation by Pierre and Clavin came during an emotional meeting of the Seniors and Human Services committee.

“I know they’re understaffed and underpaid, but that’s no excuse,” Yaphank resident Jan McDonnell said of CPS. “We have to protect our children.”

Deputy Presiding Officer Kara Hahn (D-Setauket), whose voice broke with emotion, said, “It’s multiple systems failing our children.”

“A child is dead, so clearly something went wrong,” she said.