The family of Jahmeik Modlin, a 4-year-old boy who died in his Harlem home, is suing New York City, claiming child services failed to protect him.

Jahmeik’s aunt Nyisha Ragsdale has filed a notice of claim seeking $40 million from the city and the Administration for Children's Services.

The lawsuit follows the arrest of Jahmeik’s parents, Nytavia Ragsdale, 26, and Laron Modlin, 25, who are charged with second-degree manslaughter and endangering the welfare of a child. Sources say Jahmeik and his three siblings were malnourished when found. Jahmeik was pronounced dead at Harlem Hospital on Oct. 14.

“Jahmeik never should have died if ACS was doing its job,” said Sanford Rubenstein, the attorney representing Nyisha Ragsdale.

“We intend to take depositions of ACS personnel with regard to when they were there, what they saw and particularly what they didn’t see with regard to a locked refrigerator reported in the press or pantries that were sealed,” he explained.

In a statement, ACS said, “The safety and well-being of New York City’s children is our top priority. We are investigating this incident with the NYPD.” However, due to privacy laws, the agency could not disclose whether Jahmeik’s family had prior history with ACS.

Rubenstein further called for the Department of Investigation, which monitors city agencies, to “conduct a complete investigation with regard to how this 4-year-old died.” He added that Jahmeik’s relatives, including his aunt, were not aware of any abuse within the home.

“There was contact with the aunt who lives here in NYC, there are relatives from down south who have come up, but we understand that the aunt was not aware of any abuse that was going on,” Rubenstein stated.

A public funeral for Jahmeik is scheduled for Tuesday at 6 p.m. at Elim International Fellowship Church in Brooklyn. Rubenstein noted that Jahmeik’s three siblings remain in the hospital, with their custody to be determined in family court on Oct. 28.