NEW YORK -- Relatives of a Harlem child who allegedly starved to death plan to sue the city.

Prosecutors say his parents kept food from him, but other family members claim the blame rests solely on the City of New York.

Officials say most of Jahmeik Modlin's short life was spent inside his family's Harlem apartment. Video appears to show his mother, Nytavia Ragsdale, carrying him out of the building on Oct. 13. He was unconscious.

Prosecutors say he had been starved by his mom and dad, Laron Modlin. Help came so late, doctors commenced end-of-life care. The 4-year-old died the following morning.

Both parents were charged with manslaughter.

Jahmeik's three older siblings were hospitalized and treated for malnourishment, prosecutors say. The family is not sharing any more details about their conditions.

A funeral for Jahmeik will be held Tuesday, Oct. 29.

On Thursday, attorneys and the mother's sister, Nyisha Ragsdale, announced a $40 million lawsuit against the city.

In documents, they reference "multiple reports" to the city's Administration for Children's Services, but previously, the family said one time, two years ago, an anonymous person had filed a complaint with the city. They say ACS came to the house to investigate, then closed the case, despite the mother's request for help with mental health and domestic violence issues.

"Jahmiek's death, which included malnourishment and abuse, reflects ACS's negligence," family attorney Mark D. Shirian said.

"How many times was ACS called, and did the family, did you ever contact ACS asking for help, and when was the last time that you saw this child?" CBS News New York's Mahsa Saeidi asked Nyisha Ragsale.

"We answered those questions already, so we're not answering them again," activist Rev. Kevin McCall said.

"So Nyisha never called ACS, correct?" Saeidi asked.

"We're getting so many different conflicting stories, even, you know, you gotta understand what happened here. A child was lost," McCall said.

"She's right here, can she answer the question?" Saeidi asked.

"No, she's not answering the question, so stop asking the question," McCall said.

An ACS spokesperson is not answering questions either, they say, due to state confidentiality laws. ACS is doing an in-depth review.

The agency charged with oversight of ACS is the Office of Children and Family Services. In a statement, they said they'll examine the "family history, any prior or current child protective investigations," but much of this will occur behind closed doors.

"The state says that she did not feed her children. If that turns out to be true, in your view, should she get millions of dollars for that?" Saeidi asked.

"First of all, the surrogates court will determine, if damages are obtained in this case either by settlement or trial, how that's distributed. So the court will determine that," attorney Sanford Rubenstein said.