Thomas Valva's School Psychologist Seeks Change, New Procedures

LONG ISLAND, NY — A school psychologist who took the stand to give emotional testimony during the trials of both ex-NYPD Michael Valva and his former fiance Angela Pollina after Thomas Valva, 8, froze to death in his father's Center Moriches garage in 2020 is now advocating for concrete change so no other child ever has to endure such horrific abuse again.

Renee Emin, psychologist at the East Moriches Elementary School where Thomas Valva, 8, and his brother Anthony, were students, was tearful in the courtroom at both trials as she described how Thomas described sleeping in the garage, night after night. Teachers described how both boys were sent to school freezing cold, with red, chapped hands, and soaked in urine and feces because they were not allowed to use the bathroom in the home.

On the day he died, Thomas Valva was washed outside, naked, with icy water from a spigot, naked, before face planting on the ground as he suffered from hypothermia. The night before, as the temperature plunged to 19 degrees, he was forced to sleep on the cold garage floor with no blanket and no pillow.

Now, Emin has posted on social media about new legislation she'd like to see passed that would amend current law so that mandated reporters can have an appeal process.

Emin also posted about a public hearing taking place on the issue at the Suffolk County Legislature session on June 21 at 6 p.m. at 310 Center Drive South in Riverhead, urging the public to attend and make their voices heard.

Also on social media, Emin posted a letter to the community.

"I am a certified school psychologist with over 15 years of experience working with children with school age children and Child Protective Services (CPS)," she wrote in the post. "Many of you have learned about Thomas Valva, an 8-year-old boy with autism and his horrific story of abuse. The only way for me to move forward from such a profound loss and tragedy is to see changes in the system. Specifically, I want to see and make changes within the Department of Social Services (DSS) and CPS."

Emin wrote that she had been in contact with Suffolk County Legislator Kara Hahn, New York State Senator Monica Martinez, and New York State Assemblywoman Kimberly Jean Pierre..

"Together we have discussed a number of my recommendations," Emin posted on Facebook. "Three pieces of legislation, two at the state level and one at the county level, are now being considered as a result of our conversations. This is huge and I need your help to get them passed. The children in our communities need your help. "

On social media, Emin asked the public to reach out to lawmakers; she provided draft letters.

"Children are impacted by abuse, maltreatment and neglect every day. Take a stand, your action now can help to protect them," Emin wrote.

Emin also wrote about Bill IR-1585, introduced by Hahn, which "seeks to establish an appeals process for mandated reports deemed 'unfounded.' Creating a Child Protective Services case determination appeals board would help address a fundamental flaw in the CPS system — that there is no way to appeal a case worker’s decision," Emin wrote. "The board would be enabled, in extreme cases, to determine whether a case requires further investigation. A measurable rubric would determine which cases are classified as 'extreme.' This system fix will save lives, and I respectfully request your urgent action and support of IR-1585. "

In past months, Emin has also written about advocating for Senate Bill 6495, which was introduced by Martinez, co-sponsored by New York State Senator Anthony Palumbo, and sponsored by Jean Pierre in the Assembly; because a number was never assigned in the Assembly that measure was not voted on. The legislation seeks to have duplicate CPS reports merged with a currently open CPS case and cause the case to remain open for an additional 30 days for further investigation, Emin wrote.

"Currently a duplicate CPS case would not result in an additional investigation and would not increase the length of investigation of the original case," she wrote on Facebook.

Emin has also written about nine changes she would like to see occur regarding CPS procedures and regulations. "I am looking to see how we can make changes to support each other and more importantly support the children in our communities," she wrote. "Thomas’s death along with additional experiences as a school psychologist have motivated me to make changes. I need your help; the children in our communities need your help. My main goal is to have CPS, private therapists, pediatricians, and schools work together more collaboratively to help children."

Emin wrote that her proposed changes include:

1. When a mandated reporter makes a CPS call and there is currently a case with CPS open, the new call should not be considered a duplicate report. The second call should result in the original case being open an additional 30 days for monitoring and increased CPS visits with the family, pediatrician and school district.

2. When a family has four or more CPS reports opened by mandated reporters within a 6 to 8 month period, school districts and the mandated reporter who made the initial CPS call will be informed that there have been multiple cases reported. Multiple reports to CPS could fall under the Dignity for All Students Act. A potential pattern of abuse can fall under DASA and negatively impact a child academically and socially in school.

3. If a CPS report is “indicated”, or referred to services by CPS, the school district and pediatrician will be informed. A select group of school faculty and administration who understand the requirements of confidentiality will be informed i.e. Director of Pupil Personnel, school psychologist, school nurse, building principal. Social workers and school counselors are not currently New York State mandated in schools, which is why they are not included in the list, she wrote. Guidance counselors are mandated; however they are not traditionally placed regularly in elementary schools, she posted.

4. After witnessing or experiencing a secondhand trauma work related traumatic event, CPS caseworkers should be mandated to receive counseling such as EMDR, or eye movement desensitization and reprocessing therapy, to help manage the impact of PTSD. "CPS workers see some of the most horrific ways children are treated; these experiences will negatively impact their mental health," Emin wrote. "By requiring CPS caseworkers to attend therapy this would potentially decrease burnout and desensitization."

5. "When a mandated reporter recognizes a pattern of potential abuse/neglect, has made multiple calls to CPS that have resulted in 'unfounded' investigations and the mandated reporter disagrees with the findings the mandated reporter is left powerless," Emin wrote. "Currently mandated reporters do not have an external process from CPS to submit an appeal to. I propose creating an impartial CPS hearing process. This would be very similar to a special education impartial hearing. An impartial hearing in special education occurs when a parent and district are not in agreement with recommendations. There is an attorney or educational advocate for the parents, the school district’s attorney and an impartial Hearing Officer who is an attorney.

I propose something very similar regarding CPS and when a mandated reporter, court appointed attorney/advocate or law guardian do not agree with CPS findings.

There should be an appeal process in place that is impartial and completely separate from CPS. There could be mandated members just like in a special education Committee on Special Education, or CSE, meeting. Mandated members could be the following:

- school administrator

- school psychologist/social worker

- child psychologist/social worker

- Family Court Judge or attorney

- The mandated reporter requesting the appeal.

- CPS supervisor representative"

- Impartial attorney as the hearing officer, possibly an ADA from the DA’s office who currently works within the department which reviews Suffolk County CPS cases."

6. School district administrators need to have the ability to hold a child in school when they suspect a child is potentially in grave danger if they are sent home to a parent or guardian. The child should be held by the district until either a CPS case worker or police officer arrives to the school or home to evaluate circumstances. CPS or the local police department would then decide if the child can be release to the parent/guardian or if an alternate plan needs to be put in place, Emin wrote.

7. An adjustment in HIPPA needs to occur on a federal level, specifically to The Child Abuse Prevention and Treatment Act (CAPTA). Currently CPS is not able to share information with school districts due to HIPPA regulations. However, CPS can share more information with private medical professionals, child appointed lawyers and the court system. "I propose that an adjustment be made so CPS can share the same level of information that is shared with private medical professionals, attorneys and the courts with school administrators, school social workers, and school psychologist," Emin wrote. "School districts report the majority of mandated CPS reports and are provided with minimal information and follow up."

8. Currently the form CPS sends upon the closing of a CPS case gives bare minimum information,s she wrote. The letter confirms the case ID number and just says the case is either indicated or unfounded. No additional information is given. It would be helpful for the mandated reporter to know if the case was indicated, is the case being recommended to services, what those services might be and who the CPS services case worker is and their contact information. If preventative services were recommended, then that should also be indicated on the letter to the mandated reporter, Emin wrote.

9. A database needs to be created to connect the Office of Children and Family Services, the Suffolk Police Departments and family court, Emin wrote. "This is necessary so CPS can look up a family and automatically be alerted to recent arrests, police involvement, and upcoming court appearances. For example, currently I have a case where a child’s father is attempting to gain full custody of his son who currently lives with his mother. CPS knew there was a custody battle occurring because it was mentioned in my CPS report. However, the caseworker did not attend a court appearance where custody was going to be discussed because she was unaware of the court date. The database could immediately alert users to any changes in court orders, custody agreements, arrests, and court appearances. Stony Brook University Hospital has a database that connects with external provider offices who are affiliated with Stony Brook University Hospital. School Districts have databases that connect IEP Direct (special education) to Power School (general student information system).

In April, Angela Pollina was sentenced to 25 years to life after being convicted of murder in Thomas Valva's death.She was also sentenced to a year each for the other four counts of endangering the welfare of a child. All sentences will run consecutively.

Valva and Pollina were arrested Jan. 24, 2020, and charged with second-degree murder and four counts of endangering the welfare of a child. Each faced 25 years to life in prison, and both pleaded not guilty.

Michael Valva, an ex-NYPD officer was convicted of second-degree murder and four counts of endangering the welfare of a child in November; he was sentenced to 25 years to life behind bars in December.

Speaking after the sentencing, District Attorney Ray Tierney said: "This case and the trials that ensued were not only heartbreaking, but they were also infuriating. As I’ve said before, while the story of these two defendants ends here, the pursuit of justice for Thomas and Anthony is not over."

Tierney said a "small measure of justice" has been served but the story of Thomas and his brother would continue. "We will continue to look into exactly what happened in this case, to take testimony, to make recommendations and to at the very least do everything we can to ensure something like this never happens again."

Tierney said the power of the DA's office includes the power of the grand jury, which will be utilized.

When asked if the current system was broken, Tierney said he had his opinions, but they were just that. "We want to use our investigative power to look and to confirm what's happening with the system and most importantly, let's improve it."

He added that the critical piece of evidence was the Nest camera, without which, "no one would have believed what went on in that house," Tierney said. He also thanked the teachers for their support and for the support they gave the boys.

During the trial, teachers wept as they described the boys, who were freezing cold and starving, foraging for scraps of food from the floor and trash.

Thomas' mother Justyna Zubko-Valva pleaded for help on her Twitter page before her son died. In 2020, Zubko-Valva filed a $200 million wrongful death suit.

Zubko-Valva has not responded to requests for comment.

Last June, a judge ruled that portions of the $200 million lawsuit filed by Zubko-Valva after Thomas died can move forward, a judge ruled.