by New York City, NY – The family of 13-year-old Jade Smith has filed a federal lawsuit against the New York City Administration for Children’s Services (ACS), alleging that the agency’s missteps, mishandling and failure to monitor the distraught child after removing her from her home contributed to her death by suicide in January 2023. The lawsuit also accuses ACS of attempting to retroactively justify its decisions by backdating case records after Jade’s death.
Tragedy After Foster Placement
According to the lawsuit filed in Brooklyn Federal Court, ACS intervened in the Nimmo family after a troubling allegation of abuse by Jade’s stepfather in July 2022. The suit claims ACS failed to thoroughly investigate or take into account the girl’s complex mental health history — including Post-Traumatic Stress Disorder (PTSD), dissociative identity disorder and depression, which had previously led to multiple hospital stays and suicide attempts — before removing her from her home.
The lawsuit asserts that ACS caseworkers did not contact Jade’s therapist, psychiatrist, neighbors, friends or review her medical history before filing a neglect petition with Family Court in September 2022. The petition named the stepfather but allegedly omitted key details about the girl’s severe mental health struggles and history of erratic behavior.
Family’s Description of Jade and Early Signs
Jade’s family described her as a “prolific artist,” “creative,” and “passionate,” but also someone who struggled profoundly with her mental health. The lawsuit recounts that Jade experienced hallucinations, including seeing a faceless “black figure” following her at school, and often woke up convinced she was covered in insects.
Despite pleas from her mother, Terri Nimmo, that the family loved and supported Jade, the lawsuit claims ACS dismissed concerns about her safety and mental stability, instead moving swiftly to separate her from her family with little context or preparation.
Failed Foster Placements and Repeated Runaways
After being removed from her family, Jade was placed with her grandparent, who lived in a small single-room occupancy residence and could not manage her increasingly unstable behavior. The lawsuit says Jade fled that home multiple times, yet records failed to reflect these episodes accurately.
Eventually, she was moved to another foster placement. Nimmo last saw her daughter on Christmas Day 2022, when Jade reportedly ran into her arms and expressed her love.
Suicide on the Brooklyn Bridge
On January 15, 2023, Jade fled her foster home again. The following day, her body was discovered in the East River, the lawsuit states, after she died by suicide by jumping off the Brooklyn Bridge.
The family’s legal filing alleges ACS then scrambled to “back-date case notes” and escalated investigations into the surviving sibling — contacting teachers and counselors — in an apparent effort to defend its earlier decisions and cover up mishandling.
Family’s Loss and Devastation
In the lawsuit, Nimmo asserts that ACS’s actions not only led to Jade’s death but also caused her family to lose their home, jobs and emotional footing.
“ACS killed Jade Smith,” the lawsuit declares, stating that the agency’s 20-month assault on the Nimmo family destroyed their stability and left them without support.
The suit explains that the family was thrust into a prolonged and invasive review process that forced them to respond full-time to ACS demands, leading to unemployment and eventual relocation to a shelter.
Judicial Outcome and Family Reaction
A family court judge cleared Jade’s parents of wrongdoing in February 2024, labeling the initial abuse allegations “extremely difficult to believe” and recognizing Nimmo as attentive to her daughter’s significant mental health needs.
“There will be a reckoning,” the family said in court papers, seeking unspecified damages from the city and ACS employees named in the suit.
Official Responses
ACS declined to comment on specifics of the litigation but issued a statement expressing sympathy for the family’s loss and reaffirming its focus on child safety.
“The safety and well-being of New York City’s children and youth is our top priority. The loss of Jade Smith is a terrible tragedy. We offer our deepest condolences to the family,” an ACS spokesperson said.
The lawsuit highlights broader questions about how child welfare systems handle cases involving complex mental health issues, and whether agencies have sufficient safeguards to prevent harm once a child is removed from their home.
Conclusion
The Nimmo family’s lawsuit accuses ACS of failing Jade at every critical turn — from inadequate investigation to flawed monitoring, and ultimately attempts to cover up those failures after her death. As the legal battle unfolds, the case raises urgent concerns about accountability and oversight in systems meant to protect vulnerable children.
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