Judge Rules Mom of Boy With Autism, Frozen to Death By Cop Dad, May Sue Child Protective Services

A federal judge in New York had ruled that the mom of a boy with autism, who was frozen to death when he was made to sleep on the cold garage floor by his dad, may proceed with filing a $200-million wrongful death lawsuit against the local Child Protective Services (CPS), some county officers and officials of the boy's school.

The grieving mom, Justyna Zubko-Valva, believed that had CPS listened to her complaints about child abuse and launched a proper intervention, her son, Thomas Valva, 8, could still be alive today.

The boy with autism was punished by his father, Michael Valva, a former New York police cop, by locking him in the garage, where he ended up freezing to death. Michael's girlfriend, Angela Pollina, also took part in the boy's physical abuse.

Both Michael and Pollina are still awaiting their trial for second-degree murder, but the case has been delayed extensively because of the pandemic. Thus, Judge Edward R. Korman could only decide on Justyna's right to file a lawsuit against the school, government agencies, and personnel in June 2022, per Daily Mail.

Agencies Just as Culpable

According to the judge's 37-page ruling, while the father and his girlfriend were directly involved in Thomas's death, the agencies supposed to protect the boy were "almost as culpable" when he was frozen to death, per Law & Crime. The CPS was allegedly deliberately indifferent towards the mother, while the boy's school didn't bother to check two years' worth of evidence proving Michael and Pollina's abuse.

Justyna even wrote letters saying that Thomas and his two brothers would lose their lives if they continued to live with Michael and Pollina. The school also failed to report evidence of child abuse like severe bruising and starvation one year after Michael received full custody of his sons.

Justyna said that Michael succeeded in reversing the allegations of child abuse by convincing CPS that the mother was hitting the boys and feeding them poisonous brown substances. The mother also attested she gave CPS a flash drive of photo and video evidence, including Michael's attempt to brainwash their kids. The father coached his sons to tell CPS they did not want to be with their mom.

Additionally, Justyna boldly claimed that the CPS lied and fabricated evidence in favor of the boy's father. The judge saw that despite CPS finally investigating the boys' situation at Michael's home and commenting that they look emancipated, the case was closed ten days before the boy with autism died.

Justyna Had Been Very Public About Her Children's Abuse

According to the New York Post, Justyna started posting about her children's situation with their father on Twitter in 2018. She hadn't seen her kids in person for at least two years because Michael was awarded full custody.

She uploaded videos of her calls with her son, where they shared with their mom that their father told them they should not be hugging her. Justyna was vocal about the parental alienation her ex-husband instigated.

Records of the 911 call on the day Thomas died had Michael claiming that his son "fell down" and "banged his head" on their driveway as he was heading to the bus for school. He claimed to have initiated CPR but didn't tell the dispatch that his sons were sleeping on freezing hard floors the night before.

Following the incident, Justyna sued the boy's father and his girlfriend for abuse and neglect. She has also gained custody of her other children. Now, the wheels of justice are slowly turning for the mom who lost her son as the trial finally moves forward.