Gavin Howe
Jonathan's Law was created after the tragic death of 13-year-old Jonathan Carey, who was killed by a direct care worker at the O.D. Heck Developmental Center, a state-run facility in Niskayuna, New York. Jonathan, who was autistic and unable to speak, had previously been enrolled in a private school where his parents alleged he was physically abused. The records of this abuse were withheld from his parents, and they were unable to access information about their son's treatment. As a result, Jonathan's Law ensures that parents or guardians have access to records concerning alleged abuse or investigations of abuse when it concerns their children and mandates timely notification and reporting of incidents involving their disabled loved ones.
| Characteristics | Values |
|---|---|
| Reason for Creation | To ensure that parents and guardians have access to records pertaining to allegations and investigations of mistreatment of their children in residential care facilities |
| Amendments | Amendments to New York Mental Hygiene Law Article 33 |
| Notification | Telephone notification within 24 hours of an incident, followed by a written report within 10 days |
| Records Access | Access to records concerning abuse allegations within three weeks after an investigation is closed |
| Meetings | Facility directors are required to meet with parents and/or guardians to discuss reported incidents |
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What You'll Learn
Parents' access to records about their children
Jonathan's Law was created in response to the tragic death of 13-year-old Jonathan Carey, who was killed while in the care of the O.D. Heck Developmental Center, a state-run facility in Niskayuna, New York. Jonathan, who was autistic, had previously been a student at the Anderson School, where he was allegedly physically abused. His parents, Michael and Lisa Carey, were kept from viewing records relating to the investigation of these allegations, as Jonathan was unable to communicate what had happened to him at school.
Jonathan's Law is an amendment to New York Mental Hygiene Law Article 33. It ensures that parents and guardians of developmentally-disabled individuals who live in government facilities have access to records concerning abuse allegations and investigations. Specifically, the law mandates that records must be produced within three weeks after an investigation is closed, and that facility directors must meet with parents and/or guardians to discuss reported incidents. In addition, the law requires telephone notification within 24 hours of an incident, followed by a written report within 10 days.
The passage of Jonathan's Law was advocated for by Jonathan's parents, who believed that they had a right to know the full story of what happened to their son in both schools he attended. They argued that access to information about their children's treatment is crucial for the safety of vulnerable children in these facilities and that they are the voice and advocate for their children who cannot speak or defend themselves.
The law also establishes a Task Force on Mental Hygiene Records, which is responsible for studying and making recommendations on additional legislation regarding access to patient records and reports. This task force aims to improve the safety and well-being of individuals with mental disabilities in residential care facilities.
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Abuse allegations and investigations
Jonathan, an autistic 13-year-old, was killed while in the care of the O.D. Heck Developmental Center, a state-run facility in Niskayuna, New York. Prior to his death, Jonathan was a student at the Anderson School, where his parents alleged he was physically abused. The Office of Mental Retardation and Developmental Disabilities kept Jonathan's parents, the Careys, from viewing records relating to the investigation of these allegations. After this, the Careys removed Jonathan from the school and enrolled him at O.D. Heck.
Jonathan died while being transported in a van by two members of staff from O.D. Heck, Edwin Tirado and Nadeem Mall, who were later charged with second-degree manslaughter. Police said that the two men used an improper restraint on Jonathan and failed to seek medical attention for 90 minutes after the restraint. Instead, they drove around for 1.5 hours, stopping at a Hess Mart for drinks and then going to a toy store.
Jonathan's Law was created as a direct result of the abuse and neglect Jonathan endured at the Anderson School and the subsequent withholding of the records documenting his abuse. It consists of amendments to New York Mental Hygiene Law Article 33, which give parents and guardians of developmentally-disabled people who live in government facilities access to records concerning abuse allegations and investigations. Under Jonathan's Law, records must be produced within three weeks after an investigation is closed, and parents or guardians must be notified by telephone within 24 hours of an incident, followed by a written report within 10 days. Facility directors are also required to meet with parents and/or guardians to discuss reported incidents.
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Notification of incidents within 24 hours
Jonathan's Law was created following the tragic death of 13-year-old Jonathan Carey, who was killed while in the care of the O.D. Heck Developmental Center, a state-run facility in Niskayuna, New York. Jonathan was autistic and non-verbal, and his parents had previously been denied access to records about allegations of physical abuse at his previous school.
Jonathan's Law mandates that parents or guardians of developmentally disabled individuals in government facilities must be notified within 24 hours of any incident involving their loved one. An incident is defined as "an accident or injury that affects the health or safety" of the individual receiving services. This is followed by a written report within 10 days and the option for the family to request a redacted copy of the incident report.
The law ensures that those responsible for the care of vulnerable individuals are held accountable for their actions and that families have access to information about their loved ones' treatment. This includes access to records concerning abuse allegations and investigations, which must be provided within three weeks of an investigation's closure.
The case of Jonathan Carey brought to light the very real challenges faced by parents of disabled children who cannot communicate what happens to them while they are in the care of others. Jonathan's Law is a crucial step towards ensuring transparency and accountability in the care of vulnerable individuals and providing their families with the information they need to advocate for their safety.
The law also establishes a Task Force on Mental Hygiene Records to study and make recommendations on additional legislation regarding access to patient records and reports. This task force aims to address the broader issues related to the care of individuals with mental disabilities, including the use of restraints and the training provided to staff in using such restraints.
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Written reports within 10 days
Jonathan's Law was created after the tragic death of 13-year-old Jonathan Carey, who was killed in 2007 while in the care of the O.D. Heck Developmental Center, a state-run facility in Niskayuna, New York. Jonathan was autistic and unable to speak, and his parents were denied access to records about their son's treatment at two separate facilities.
Jonathan's Law is an amendment to New York Mental Hygiene Law Article 33. One of the key provisions of Jonathan's Law is the requirement for written reports to be provided to parents or guardians within 10 days of an incident. This is in addition to a telephone notification within 24 hours of an incident and a meeting with the facility director within 3 days.
The written report must detail the actions taken to address the incident and can be requested by the qualified person(s) (parents or guardians). This report must be provided within 10 days of the initial report of the incident, which is defined as "an accident or injury that affects the health or safety" of the individual receiving services.
The creation of Jonathan's Law highlights the importance of transparency and accountability in the care of vulnerable individuals, particularly those with disabilities who may be unable to communicate their experiences. It empowers parents and guardians to have a voice in their children's care and ensures that incidents of abuse or mistreatment are addressed promptly and effectively.
By mandating the timely provision of written reports, Jonathan's Law helps to hold institutions accountable, promoting better oversight and care for vulnerable individuals. This aspect of the law ensures that incidents are properly documented and allows for a paper trail that can be referenced if needed.
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Meeting with facility directors
Jonathan's Law was created after the tragic death of 13-year-old Jonathan Carey, who was killed while in the care of the O.D. Heck Developmental Center, a state-run facility in Niskayuna, New York. Jonathan was autistic and unable to speak, making him particularly vulnerable.
The law consists of amendments to New York Mental Hygiene Law Article 33, which focus on increasing transparency and accountability in the event of incidents involving developmentally-disabled individuals in government facilities. One of the key provisions of Jonathan's Law is the requirement for facility directors to meet with the parents or guardians of the affected individual to discuss reported incidents.
These meetings are crucial for keeping families informed and involved in the aftermath of an incident. During these meetings, facility directors must provide transparent and timely information about the incident, addressing any concerns or questions the family may have. It is an opportunity to ensure that the family's voice is heard and that their loved one's best interests are being served.
To prepare for such meetings, facility directors should ensure they have a comprehensive understanding of the incident in question. This includes gathering all relevant facts, reports, and witness statements. They should also be prepared to answer any questions or address any concerns the family may have, demonstrating empathy and a commitment to ensuring the well-being of the individual involved.
Additionally, facility directors should be open to collaborative problem-solving during these meetings. This may include discussing preventative measures, implementing corrective actions, and improving communication protocols to ensure similar incidents do not occur in the future. The goal is to work together with the family to enhance the safety and well-being of the individual moving forward.
By mandating these meetings, Jonathan's Law helps to empower parents and guardians, giving them a platform to advocate for their loved ones and ensuring that facilities are held accountable for the care they provide. This level of transparency and collaboration helps to build trust and ensure that the rights and needs of developmentally-disabled individuals are always prioritized.
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Frequently asked questions
To ensure that parents and guardians have access to records pertaining to allegations and investigations of mistreatment of their children in residential care facilities.
Jonathan Carey, an autistic 13-year-old, was abused at the Anderson School, a private school for autistic children. The records documenting his abuse were withheld from his parents. He was then transferred to the state-run O.D. Heck Development Center in Niskayuna, where he was killed by a staff member who used an improper restraint on him.
Jonathan's Law mandates that parents and legal guardians must be informed of all incidents involving their disabled child within 24 hours of the initial report. After the notification, the facility director must offer to hold a meeting with the parents within 3 days to discuss the incident, and provide a written report within 10 days.
Jonathan's Law is a state law in New York, USA.
Jonathan's Law has improved oversight and care for vulnerable children in residential facilities by ensuring that their parents and guardians have full access to information about their treatment. It has also led to the creation of a Task Force on Mental Hygiene Records to study and make recommendations on additional legislation regarding access to patient records and reports.
