Grandmother says she called CPS 10 times

BUFFALO, N.Y. (WIVB) – There is a call for New York State to investigate social services, following the murder of a five-year-old boy in Buffalo. The boy’s family wants to know if someone at social services could have prevented Eain Brooks’ death, and authorities are asking the same question.

Senator Tim Kennedy is calling for a comprehensive state investigation into Eain Brooks’ death and the response of child protective services.

“There had been signs in the past, we thought he was hurting Eain,” said Eain’s grandmother Robin Hart.

Police say her grandson was killed by his mother’s boyfriend, 26-year-old Matthew Kuzdzal. He’s been charged with two counts of second-degree murder.

Police say Kuzdzal was home alone babysitting Eain on Sunday night, when he called 9-1-1 and said the little boy had fallen down the stairs. But police say, he used the accident as a cover up for murdering the boy.

Buffalo Police Commissioner Daniel Derenda said, “When you have a five year old that’s injured and in critical condition, we would investigate. But almost immediately, things with the extent of the injuries did not add up.”

An autopsy found Eain died from blunt force trauma to the head.

Friday afternoon, the family is preparing for the wake of the five year old. The question on their minds, could this have been prevented? Friday morning News 4 spoke on the phone with Eain’s grandmother. She claims Eain’s mother was manipulated by her boyfriend, Kuzdzal.

Hart says she personally called CPS several times over the last year and says a case worker was assigned to them. She alleges that between January and March, she contacted the caseworker at least 10 times. She also said family members, neighbors and Gateway Longview, where Eain went to pre-school, also contacted CPS.

In their last meeting, Hart says she told the caseworker, “What is it going to take to have him taken away? Is my grandson going to have to die?”

“He should be alive. No one would listen to me.”

Erie County’s spokesman released an email statement, saying in part, “We are prohibited by law from discussing any aspects of this case, or any other CPS case for that matter.”

News 4 contacted Eain’s school, Gateway Longview about whether they did in fact call CPS. They released a statement from the school that they will not be commenting due to confidentiality and pending investigations. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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