Fathers of two of three children, aged seven, four and three months old, who were drowned by their mother sue New York City officials for $100 million for ‘ignoring red flags’ leading up to their deaths

The fathers of two of the three young children allegedly drowned in the ocean by their mothers have filed a $100 million lawsuit against New York City and child protective services for “ignoring red flags” that led to their deaths. children led.

Erin Merdy, 30, faces three counts of murder for the horrific drowning of three-month-old Oliver Bodnarev, Zachary Merdy, 7, and his sibling Liliana Merdy, 4, at Brighton Beach, Brooklyn in Coney Island on September 12, 2022.

On Friday, Derek Merdy, Merdy's ex-husband and Zachary's father, and Shamir Small, Liliana's father, filed a lawsuit in the New York Supreme Court against the City of New York, the Administration for Children's Services (ACS), and the current and former commissioner of including the ACS.

According to the lawsuit, both claim that the authorities failed them and that Merdy has a history of mental health problems, and a long history with the ACS, and should never have had custody of their children.

“Merdy was an unstable mother, known to all defendants to have serious mental health problems; physically abuse the children; neglecting the children, including depriving them of food; and to disappear, leaving the children unattended and in danger,” the lawsuit states: The everyday beast reported.

Erin Merdy (pictured left) is charged with intentional murder, murder with depraved indifference and the murder of a victim under the age of 11, in the deaths of her three children – aged 3 months, 4 and 7 years – in September 2022, according to civil servants. Shamir Small (photo right) is the father of one of the victims

The lawsuit documents several instances in which Merdy allegedly violated the custody agreement by taking the children without notifying their children's fathers and exhibiting “erratic and dangerous behavior.”

The lawsuit alleges that two reports were filed with the ACS, but they closed their investigation each time, even though they knew Merdy was not receiving help for her mental health issues, and allowed her to keep her children each time.

In 2019, she took two of the children to Massachusetts, and during that time repeatedly failed to ensure children went to school or were picked up. School employees had filed a report against her, the news source said.

According to the December 2021 lawsuit, the ACS was notified in a report that Merdy was “abusing and neglecting the children in an increasingly dangerous manner.”

Additional details claimed Merdy was homeless and living in shelters. She reportedly did not feed them regularly, and she and her boyfriend were physically abused and the

The scene on the beach of Coney Island where Merdy drowned her three young children

“He was my only child, my heartbeat, and the most devoted and loving person I ever had the pleasure of being with,” Derek Merdy (pictured with his son Zachary). “He was such a wonderful person sent by God. He had a smile that could light up any room and truly loved people. Zachary was incredibly imaginative, compassionate and genuine'

The first report was filed with the ACS in 2022, alleging that her “mental health deteriorated severely to the extent that she was unable to provide care.”

The The agency eventually opened a “preventive case and began providing in-home 'social services' to the children,” but according to the lawsuit, ACS failed to complete several home visits that were supposed to ensure the children's safety.

The lawsuit also alleges that the ACS failed to raise awareness of a family service plan.

Derek Merdy claimed that one of the practitioners knew about the neglect the children suffered from their mother and the alleged child abuse and failed to report it.

Between 2021 and 2022, Zachary missed so much school that they filed a suspected child abuse report with the ACS, the complaint alleges.

In May 2022, four months before the drownings, Merdy had her third child and was hospitalized shortly after with severe postpartum depression.

The lawsuit alleges that “defendants allowed the children to remain in her (Merdy's) custody,” despite the complaints filed against her.

“There was an imminent threat to the children's lives and health, and based on this, defendants should have removed the children from Ms. Merdy.”

Zachary's father had paid a moving tribute to his son GoFundMe after the gruesome act.

“He was my only child, my heartbeat, and the most devoted and loving person I ever had the pleasure of being with,” Derek Merdy said.

“He was such a wonderful person sent by God. He had a smile that could light up any room and truly loved people. Zachary was incredibly imaginative, compassionate and genuine.

Merdy is currently being held at the Rose M. Singer Prison.

A spokesperson for the Administration for Children Services' legal department told DailyMail.com that “we will review the case when it is served.”