The family of Jahmeik Modlin said Thursday the city’s Administration for Children’s Services bears responsibility for the death of the 4-year-old.

Modlin was found severely malnourished and later died at the hospital on Oct. 13.

“We have filed a notice of claim for $40 million in damages for a death — a death which never should have happened,” attorney Sanford Rubenstein said. “We look forward to deposing ACS, the staff of ACS, with regard to how this terrible, wrongful death could have happened.”

The family claims the mother suffered from mental health issues and domestic violence, and reported it to ACS in 2022, but nothing was done. That inaction, they allege, led to the child’s death.

In a statement, a city spokesperson said “The death of Jahmeik is a terrible tragedy. The city will review the notice of claim.”

At a memorial for Modlin, there were messages posted from the community on where people could reach out to for help.

“Sometimes in society, when we think that so many people are seeing what’s happening, we think someone else is going to call it in, or someone else is going to help this family,” said Arisly Rodriguez, with the domestic violence organization Safe Horizon.

Rodriguez works with the child advocacy center within the organization. She said in child abuse cases, those on the outside have options to get help, including calling for a welfare check.

“They can absolutely call the state central registry. So, that number can trigger not only ACS, but if it warrants, NYPD support that if a child is in need, in immediate danger, that child can be taken to a safe space,” Rodriguez said.

The family has called on the state attorney general’s office to open an investigation into the child’s death.

The family says he will be buried on Tuesday.