Building security personnel called emergency medical services, who then entered Westlake’s room and pronounced the 26-year-old dead, according to the incident report. Her daughter was found under the bed and taken to a hospital for evaluation, el informe dice.
CNN has reached out to the medical examiner’s office for an official date and cause of Westlake’s death.
Court documents claim NYCDHS acted negligently in failing to follow protocols involving the entrustment of a child, placement of residents, operation maintenance, management, inspection and control of the city-run shelter where Westlake was residing at the time of the incident. The infant was covered in feces and in dire need of food and water, the lawsuit also claims.
The agency is being sued for $ 5 millón, per court documents.
“This was a heart-breaking tragedy and we offer our condolences to the family during this difficult period,” a Department of Social Services-DHS agency spokesperson said in a statement Sunday, adding the city will review the lawsuit when it is received.
The circumstances around the mother’s death are still under investigation, the DHS spokesperson told CNN, and said while the agency cannot discuss specific case details due to client privacy and confidentiality laws outlined by New York Social Services Law, the five days stated in the lawsuit is inaccurate.
The agency contacted the shelter following the incident, el portavoz dijo, and corrective measures were taken to address concerns highlighted in the lawsuit. The shelter is now required to conduct same-night wellness checks for residents who have not signed a nightly roster, el portavoz dijo.