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What We Have Been Up To
Happy Holidays from The Gabriella Boyd Memorial Foundation!
This year we have all been tasked with having to learn new ways to work, learn, and be with family via Zoom! We didn’t want to end the year without having held a fundraiser that would bring everyone together and support a good cause. Our first virtual event, “Gabby’s Wag N’ Walk 5K Virtual Fundraiser 2020” was a success!! We had people participate from everywhere! Our local supporters in Westchester County, upstate New York, Florida, and Virginia. It brought the biggest smile to our faces when we would get the pictures of everyone wearing our t-shirts with their kids and their fur-babies! A HUGE thank you to everyone whoparticipated, we couldn’t have done it without you!
Stay Informed!
State agency suppressed 725 child death reports over decade
Written By: Chris Bragg – Oct. 13, 2020
ALBANY – Over the past decade, more than 700 reviews of child deaths in New York were kept hidden by a state agency, decisions denying the public answers about whether Child Protective Services (CPS) workers failed those children.
The most recent suppression stems from an unusually high-profile case: The January death of Thomas Valva, the autistic 8-year-old who had allegedly been beaten by his father, then forced to sleep in a freezing garage in Suffolk County, Long Island, where he froze to death.
By law, after the death of a child in the CPS system, the state Office of Children and Family Services (OCFS) must create a report examining whether CPS workers followed required protocols in investigating allegations of abuse that had been reported prior to the fatality. But OCFS has discretion about whether to release the resulting report, and often employs an exemption that blocks disclosure — a step the agency has taken in the Valva case.
“I’m just flabbergasted that they would take a position like that,” said attorney Jon Norinsberg, who is representing Thomas Valva’s mother in a negligence case against Suffolk County. “It’s obviously something of enormous public importance in general, and particularly to this family, which has suffered greatly from CPS’
negligence.” As the Times Union recently reported, OCFS often suppresses reports on child deaths at the recommendation of county governments — the same county governments whose CPS workers are critiqued in the reports.
Indeed, Suffolk County urged OCFS to withhold the state agency’s review of Thomas Valva’s death from release, arguing that keeping the information secret was in the “best interest” of the boy’s surviving siblings. The attorney for Justyna Zubko-Valva, the mother of those surviving siblings, disagrees and believes the report should be released. Thomas’ two brothers are living with Zubko-Valva, who was not in any way implicated in the boy’s death.
Suppressing the report could certainly be in the best interest of Suffolk County, which faces a $200 million negligence lawsuit from Zubko-Valva. OCFS has suppressed 725 reviews of child deaths since 2010, the agency said in response to an open records request from the Times Union. The agency also disclosed last week that it was refusing to provide a copy of the report on Thomas Valva’s death.
Thomas’ father Michael Valva, a New York City police officer, and his fiancee Angela Pollina face charges of second-degree murder and more. Both maintain their innocence. Records from the Valva case reviewed by the Times Union, as well as other news organizations, indicate that Suffolk CPS did not follow certain rules in investigating whether Thomas and his brothers were being abused. The OCFS report would include much more information about whether Suffolk CPS followed procedures in its investigation of allegations that Michael Valva was abusive. The agency’s decision to suppress its review could conceivably deprive Thomas’ mother of crucial evidence that could be used in the civil case.
When a member of the public requests a copy of a child fatality report, OCFS asks the relevant county social service agency for a written recommendation as to whether the release is in the “best interest” of surviving siblings or other children in the household. That is the lone exemption in state law allowing a report’s suppression by the commissioner of OCFS. In making such recommendations, counties also may have their own interests in mind — including negligence lawsuits from grieving families or the desire to avoid public criticism. All provide incentive to exaggerate the harm a report’s release might cause to the child’s surviving siblings.
A Suffolk County spokesman, Derek Poppe, refused to say if the OCFS report had negative conclusions about Suffolk CPS’ handling of the Valva case. He also declined to say whether the $200 million negligence lawsuit against Suffolk played a role in the county recommending the report be suppressed.
“The county consulted with the NYS OCFS and made the determination to withhold the public release of the child fatality report, as is commonplace when there are surviving children in the household,” Poppe said. “Public release of this report could further traumatize or exacerbate feelings of violation among the other children involved in the case as they continue the healing process and attempt a new start.”
Poppe also declined to provide a copy of an internal Suffolk County review of Thomas’ death that was compiled earlier this year. Norinsberg, the attorney for Thomas’ mother, said the county had an “enormous conflict of interest” weighing in on whether the report should be suppressed. He plans to seek the report in the civil case’s discovery process.
The entire process by which counties urge OCFS to suppress reports is also kept secret, so it’s difficult to say whether counties’ arguments for suppressing reports are credible.
OCFS’ policies also can be inconsistent: It has also provided copies of reports to the Times Union this year containing incredibly sensitive information about surviving siblings. The agency refused to answer questions about whether it could simply redact sensitive information about siblings from a given report, while leaving in portions concerning CPS officials, which are of far greater public interest.
OCFS also suppressed a review in another matter in which a county faced a negligence lawsuit.
After the 2016 murder of 3-year-old Brook Stagles in Rochester, her maternal grandfather, John Geer, filed a
negligence lawsuit against Monroe County CPS. In that instance as well, OCFS suppressed the review in the “best interest” of Brook’s siblings and at the recommendation of county officials. Criticism of the exemption’s use is longstanding: A 2008 report issued by the Children’s Advocacy Institute, an arm of University of San Diego Law School, called the exemption a “severely restrictive, substantive limitation” of the law, and suggested the lack of transparency hindered reforms that could save lives.
The number of suppressed reviews have actually been declining somewhat in recent years: They peaked 106 in 2012. In 2019, there were 27 instances of suppressed reports, according to the state’s open records response.
It’s difficult to say much more about the data: OCFS did not provide the names of the dead children themselves, only the case numbers of suppressed reports. OCFS declined to answer questions for this article. But in September a spokeswoman, Monica Mahaffey, said determinations about releasing reports are “based solely on an assessment of the potential for further trauma and public humiliation for surviving siblings.”
“Pending litigation or criminal investigations are not part of the best interest determination,” she said. “When OCFS disagrees with the best interest determination conducted at the county level, the agency publicly releases the report.”
Mahaffey declined to provide any specific example of OCFS going against a county’s recommendation. And in response to an open records request, OCFS said it was not required to produce records showing instances of OCFS going against counties’ recommendations.
Family Court Saga
Saratoga County, NY
This is the story of one of our members in Saratoga County, NY
When I was asked by the Gabriella Boyd Memorial Foundation to share my story my immediate answer, without reserve, was yes. I was given enough time to contemplate over the content and my mind kept circling back to this nationwide serious issue of the fraudulent, corrupt family court system. This disgusting, fraudulent system that causes irreversible harm to the children of America. The stories are almost unbelievable how a system that is so destructive to children’s lives all while hiding behind the guise of ‘it’s for the children.’
I did not choose the battle, it chose me.
I did not get brought into this family court kangaroo circus until my son was 16 years old. His mother and I were never married, although I wanted to marry, she did not. I was by her side starting on the day she shared with me the great news of us expecting. I was so excited because at that time I was one of my few friends that was not a dad and I really wanted to be. I moved in with her immediately upon the news, a year later I sold my home and the year after that we built a very nice home together. I was overcome with the pure joy of being a dad. Over the next five years our relationship was rocky for lack of a better word, but none the less I was so happy I had my son, and I was a dad. At the time I met my son’s mother my career was in an amazing place. The responsibility was great, the hours were long, but the financial reward and benefits were, well still to this day unbelievable. There was 50% travel through-out the United States with an open marketing and entertainment budget. I was young and building my future. My son’s mom had a great career as well, a high-level management position which she was fast tracking to be a director.
I met my son’s mother in January 2000 and the first year was amazing, but in March of 2001 things took a nosedive and the romance was cooling off. The amazing feeling became less and less. We were still seeing each other but it was just not the same. We had good dates but were beginning to fight. On Father’s Day 2001 we had a bitter fight over the phone, I remember like it was yesterday, I gave up on our relationship when I hung up. I reserved that if she cared she would call me back and apologize. It was mid-day; she was on her way to her dad’s and I set it in my mind if she does not call back to apologize, I was done. My dad lived out of state, so I called some friends to do something for the afternoon to take my mind off of things. The message was all the same, it’s Father’s Day we are with the kids. So, there I sat, home, all alone, the proverbial waiting by the phone for a call, a call that never came. The following weekend my life changed. I was out Friday night and as I was pulling in my garage my phone rang. Yes, it was the call I was waiting for that previous Sunday. Wow, I thought, a bit delayed but this is good. I answered with a positive, “Hey you, hi!” The voice I heard on the other end was almost eerily unrecognizable I will never forget. She said, “We have to talk.” So, I was like oooo-k… about what? She said it needs to be in person. It was late, I was tired, and she lived a good 45-minute drive and there was a light rain. I said let’s meet tomorrow I am tired, it was after 2 AM Saturday morning. She insisted it be now and I remember feeling uneasy. We decided on a spot, a halfway drive for both of us. We met in the spot, I got out of my car into hers as it was still lightly raining. I could not imagine what she was about to say, I thought she was going to tell me she was terminally ill or something along those lines. And then, the most joyous words, well to me at the time, “I’m pregnant.” I was so elated, we hugged and cried. The problem, which I did not know at the time, mine were tears of joy, her tears were tears of pain. (She revealed to me years later she was very unhappy to be pregnant. I asked why she did not tell me that night, she said I was so happy.) I followed her back to her house and never left.
In 2004 I quit my job. I was travelling so much getting burned out and my son, the joy of my life was now two. His mom still being the career management woman, now a director was logging long hours a well. She did spend the first almost two years of my son’s life home with him while she finished college, which was a pre-requisite for her to become a director. She got her director’s job going back to work in mid-2003. I was working so I funded the college and did not care a bit. I was making a very good living and she was taking care of my son. When I quit, I do not believe a single family member or friend did not think I was crazy. I did not care, I was taking my son to baseball games, school events, birthday parties, play dates, etc. During this time my son’s mother continued to work and earn a six-figure plus salary, while I was content working part-time consulting jobs and spending a great amount of time with my son. My job that I quit was over three times what she was making, yeah, I know, friends and family might have been on to something. I was happy, but blind, not really considering my deficient relationship with my son’s mother. It appeared that her career mattered to her more than anything and I was struggling with the balance of emotional support for my son and tough love. In 2007 we decided to split up, as for our home had become toxic. I bought her out of the house giving her over $250,000 so she could purchase a nice home thinking our son would have two nice homes. The real estate market was tanking very quickly but I held up to my commitment and really overpaid her. In hindsight I would come to realize I was somewhat spiteful with the house and the best move would have been to sell it, but I thought keeping it was the right thing to do for my son. No court, no lawyers, no agreements. We shared custody freely over the next nine years. Time was flying by and in March of 2017 I married the woman who is now my amazing wife. We met in 2009 when my life was very stormy due to the real estate economic reset. My financial world fell completely apart, and I was so caught up in this over-compensation trying to be an emotional supporter and tough love dad. Financially it was not a good time for me as for most of the money I made in the early 2000’s was gone and in 2012 I lost the house, retribution for the spite. Partly due to economic circumstances but equally due to my own choosing of not engaging full time and the stupid money I gave her. It did not matter; I was financially frustrated, and my son was now in middle school. He came back and forth freely between my and his mom’s home. My son was not headed down the best path as he approached 8th grade. I was there day and night righting the ship while mom was emotionally non-engaged and working long hours. I was dating an amazing woman who was there by my side helping me chase him day and night trying to keep him away from a bad crowd, he was crying out for his mom’s attention.
In October of 2017, with my son a sophomore in high school, I made a life altering decision. Prior to that time my wife and I discussed moving away from Florida to either my native Upstate New York or her native Southwestern Ohio. The discussions always circled back to me saying, ‘When my son finishes high school, unless he wants to move with us now.’ It was a very difficult time as I was really struggling financially. I was offered a job 70 miles from
where I grew up. It paid a total compensation just south of $200,000. (Almost $200,000 less than the 2004 gig, I know crazy!) Before I made the decision, I discussed the move with my son and he indicated he might take me up on the offer to move with us, but he decided he did not want to leave his friends. I understood but knew it would be best if he came. I told him stay out of trouble and do good in school (0 for 2 fore-shadow). I figured making good money I could get back on my feet and commute back and forth quite a bit. It seemed too good to be true and it was, lasting only four months. Little did I know that four-month job, that I was sold a bill of goods for, would drag me into something I knew nothing about, the corrupt family court system.
My education in the corruption of family commences.
In July of 2018, ironically while my son was visiting us during the summer a letter arrived from the Florida Department of Revenue. The Florida Department of Revenue? I was sitting at the kitchen table with my son when I opened the envelope, child support!!! What does the Florida Department of Revenue have to do with child support!? After my disbelief, I read the letter. The Florida Department of Revenue is requesting my financial information because they want child support plus two years back child support at his mother’s request. I was sending her money at the time because I did acknowledge that I moved away. But back two years! Two years when I had him as much as her and provided way more emotional support. We were never in the system before this, with no parenting agreement, no naming of a custodial parent (which is the family court made up term to create more systematic corruption), no child support order. There was never anything filed in family court. I consulted with an attorney shortly after I received the letter, who informed me whatever I did, fill out the request honestly. I thought, why wouldn’t I fill it out honestly? Well now I know. The Fraudulent Florida Department of Revenue, a moniker I use now at all times, is anything but honest. There may not be a more corrupt, non-procedure following operation then the family court system. The family court system exploits, steals, murders, molests, violates, all while hiding behind the guise ‘it’s for the children.’ It’s that way in all fifty states my friends. There are times you think you are crazy. That is the second thing they want, you to think that you’re crazy, the first thing is your money. I was shocked at the amount they wanted going back two years prior to my move plus since I was moved. I made a combined $60,000 the two years prior to moving. The Fraudulent Florida Department of Revenue imputed my income at $10,000 per month. They asked for an amount just short of $40,000.
Let’s talk about the word impute.
The word impute; according to Merriam-Webster is; to lay the responsibility or blame for (something) often falsely or unjustly.
Let’s talk about imputed income.
Imputed income in accounting is non-cash income for income tax purposes. For example, imputed income can be any type of non-cash income. Commonly it is in the form of employee benefits. Examples are, but not limited to, employer paid health/life insurance, fitness/country club benefits, company car or education reimbursement.
I contested the amount, and a hearing was scheduled to be held in January of 2019. I needed to fly to Florida for it so I asked for the original date to be moved back so I could plan the trip and it was granted, moved to a date in March. I showed up at 2:30 PM, the time I was given for the original hearing. The hearing already happened at 9:30am. I witnessed the second fraudulent tactic of the Fraudulent Florida Department of Revenue, the first being the imputed scam. They granted the date switch but never gave notification of the time switch. The hearing was with Lynne Quimbey-Pennock, an administrative law judge, which is some made up division of law that allows fraud in the system to make up the rules as they go along. The family courts circumvent normal jurisprudence procedure which stays hidden because they hide behind ‘we are protecting the children.’ It’s confidential you know; they are protecting the children (facetious tone). I requested to see Lynne Quimbey-Pennock and she refused to meet with me.
I requested another hearing which I attended. Once again, I flew to Florida in June of 2019 and the Fraudulent Florida Department of Revenue and the Florida Office of Attorney General had lawyers present. The railroading began. They opened, which was a clear violation of procedure. I called the hearing; I was supposed to open. I objected and let them have it, of how fraudulent they were. Lila Stello, the hearing officer, who is a glorified clerk was clueless. When I asked her how the Florida Department of Revenue imputed income, she stated she did not know. They asked me about my furniture, power tools and wanted $1200 within 30 days or they were going to suspend my driver’s license. All along I have been asking for an itemization of what I owed and for when. They still have never provided it. They continued to be evasive. I always said since the beginning of the proceedings, for lack of a better word, that I would pay money for the time I left but my contention was and still is with the imputed amount on the back pay. After about two months, the driver’s license suspension threats really ramped up, so I hired an attorney. What a mistake, he basically did nothing but burn a retainer up and asked for another. I had to have an audio transcript translated, we needed a rush, so he asked for $1300 because he needed to pay the court reporter for a rush. After I personally hired a court reporting firm that did it for $350, I fired my him. From here on out I
represented myself with words a blazing. Calling out the judges, hearing officers and the lawyers. Another hearing happened in January 2020 over the phone. No results and the case went dormant due to the situation that started in March. I received a request in November to send the money.
The biggest department of deep state corruption Title IVD of the social security act:
Under the above act, each of the 50 states is responsible for implementing its own system for collecting child support. Every state does and calls it something different but all them have one thing in common, it’s a corrupt, money making system padding the pockets of judges, lawyers, case workers and all others that operate in this corrupt, disgusting arena called family court. Stealing money, destroying lives all while hiding behind the guise of helping children. Each state is subsidized by the federal government based on the child support money collected, like a commission. So basically, family court judges and staff are paid on commission on the brokering of American children.
I share this with you to give you confidence to stand against this corrupt, horrible, disgusting system. I have read other stories and it breaks my heart, for the children and I know many of you are hurting. The stories are so bad, they are unbelievable to those not in this battle. But I am in this battle and I do believe, I believe every one of you are not alone. This is an American tragedy, and the children are the ones to suffer most of all from the crooks that hide behind, yes you know, the guise of helping the children they are destroying. The courts create division between parents with a force that is repulsive. The courts look for dollars to pad the system with funds to justify their own crooked existence.
In November of 2019 God intervened when my son came to Upstate New York to visit me for Thanksgiving. Two weeks earlier he lay in a hospital bed in Florida overdosed on some crap. In October he was asked to leave school his senior year because of poor attendance and in May he was arrested as a minor or it would have been more serious for him. (Remember 0-2?) His mom emailed the night before he was supposed to leave to return to Florida and urged me not to put him on the plane. She was in fear for his life now and she finally gave up control. I did not take him to the airport, and we compelled him to stay. Now even as far back as early 2018 when trouble in high school commenced, I tried to convince her to send him up. I could see the strings starting to unravel but it took the OD to really get her attention. I knew for some time my son was in peril, but his mom was controlling the situation and the corrupt family court was keeping that control going. I am sickened to think of the proceedings with young children how disgusting that control must be. My son was a teenager at this point, and I felt helpless. I got him enrolled in school in January 2020 and he graduated with a New York State Regents Diploma in June 2020. Of course, what a battle when March 13th hit to get him to engage with that on-line junk. We all know what happened in March 2020, I will not digress, that is a whole other story.
Some good news. once my son stayed with me in New York it did somewhat give some leverage although Florida still sends bills and threatens the driver license thing. I always stated that because I moved away, I should pay something but not for the back two years. I filed with New York, which I know may be the most corrupt of all the states, just to offset and see if they can balance out the Florida fraud. Florida is still trying to force me to pay the full amount. The Fraudulent Florida Department of Revenue still can give me no detail of how they came up with this lump sum after me asking time and time again. I am elated my son is healthy and my relationship with him is as strong as it can be at his given age. I tried to convince my son to stay for college, but he went back to Florida after graduation to be with a girlfriend. He is living on his own since but has been hinting about coming back here. I think he’s finding out what being on his own at 18 is.
In closing, I urge you to stay positive and confident and do not let them make you think you are crazy. If you have an attorney, drive them in a corner, ask questions, do research, do not take their word. They are part of the system whether knowingly or not. They are caught up in the systematic routine of corruption and most do not even know it. After I fired my attorney, I had three separate consultations, and one guy told me, “I am going to tell you something that most attorneys won’t. You can hire me, I’ll take your retainer, go through it and it won’t make a difference. Represent yourself.” I thanked him, hung up the phone knowing there are some good ones out there that know the system and that care. I feel some peace this may be over soon now that my son is an adult, even though the Fraudulent Florida Department of Revenue is still chasing me. They chose me, which made my eyes open to what many are all suffering. You are not alone and I’m not leaving! Jordan Belfort style!
Roc Verita
Gabby’s Wag N’ Walk 5K Virtual Fundraiser
