This is the second story in a two-part series
Michael and Lisa Carey, who contend that their son, Jonathan, now 13, was neglected while in the care of a residential school for the autistic and developmentally disabled in 2004, are currently embroiled in a multimillion-dollar lawsuit with the Anderson School in Staatsburg, which they hope will send the message that abuses like the ones they allege their son went through would not go unpunished.
The Glenmont couple, however, is taking their campaign one step further.
Assemblyman Harvey Weisenberg, an advocate for the mentally disabled, said he is working for the Careys and other families to pass a law that would allow full access to records and to ensure that regulatory agencies have an obligation to report wrongdoings in Jonathan’s case, by a regional Office of the Mental Retardation and Developmental Disabilities, known as OMRDD.
We want to prevent any of these situations from occurring and the best way to do that is to acknowledge that the events are occurring,` said Weisenberg.
The Careys said that, while Jonathan was at the Anderson School, they learned, through medical reports and employees’ journal entries, that he was being neglected and food was withheld as means of behavior control.
In the three years since the events surrounding the alleged abuse of their son have unfolded, a number of investigations have been launched by law enforcement and regulatory agencies looking into the Careys’ allegations.
The most extensive to date was done by OMRDD, the results of which came from a monthlong investigation. The Careys received a one-page summary of the findings. The full report, they said, contains about 400 pages of material.
The parents contend that the report holds the key to unlocking the mysteries surrounding their son’s experiences in his two years at the Anderson School.
`In these records is the evidence of the abuse,` said Lisa Carey.
Jonathan’s parents first tried to receive the report through a Freedom of Information Law, or FOIL, request in the spring of 2005, said Michael Carey.
In August, OMRDD denied the request, citing mental hygiene and education laws.
The parents appealed the decision, and received another letter denying their request on Sept. 14, 2005, which provided a more detailed explanation: `Both the HIPAA Privacy Rule and New York State law exempt certain quality assurance records, including incident reports and related investigative records, from access by an individual and his representatives.`
The letter, sent by OMRDD’s FOIL Appeals Officer, said that Education Law 6527 gives the organization the authority to withhold quality assurance records that are required by Mental Hygiene Law, including the investigative records that the Careys are seeking.
The response finished: `Although we will not provide you with copies of the investigative reports, you have received a letter summarizing the findings from the regional office’s director John Mizerak.`
The letter from Mizerak, dated Dec. 20, 2004, said that the independent investigation substantiated many of the Careys’ complaints including that the parents were not involved in the development of Jonathan’s plan of care.
Furthermore, the letter states that staff training was inadequate, resulting in certain programs and treatments that were unable to be carried out as prescribed.
The letter also stated, `that Jonathan’s meals were not provided as prescribed and were modified for behavioral management purposes. This is clearly not allowed by regulation.`
For the Careys, this letter is not enough. They argue that this is their son, and they deserve the right to know exactly what was happening to him.
`It’s unjust,` said Lisa Carey.
It certainly doesn’t help, said the parents, that they have been led to believe the report contains proof of abuse.
`We were told quite a bit more by the (OMRDD) investigator on what happened,` said Michael Carey.
Among other things, the Careys said, investigators told them that there were staff admissions and confessions in the records.
The law, as it stands now, prevents state agencies from accessing these records, including the Department of Education, which provides quality assurances of all private schools operating in New York.
`The whole system is a mess,` said Lisa Carey.
In order for the Careys to get a full picture of what is in the investigation report, the law preventing access to it needs to change.
Their proposed legislation, or `Jonathan’s Law,` as the Careys’ hope it will be called, would open up investigative reports like those denied to Michael and Lisa Carey, to parents, law enforcement and state agencies.
Weisenberg said the bill would have no problem receiving support from legislators.
If there is proof of abuse in these records, the Careys contend that a state agency has a legal responsibility to go to law enforcement agencies with the reports.
`When they find evidence of child abuse and neglect, they’re required by law to go to the police, not seal up the records, slap them on the wrist and say, ‘Don’t do this again,’` said Michael Carey.
Where violations were found by OMRDD investigators, Anderson school was asked to remedy these situations so similar events do not occur.
In addition, the parents have pushed for criminal charges to be brought against the school, but after an investigation by the Dutchess County District Attorney’s office, none were filed.
Assistant District Attorney Marjorie Smith said she was not able to comment, citing `ethical considerations` because no one was arrested and the investigation is closed.
Through a multimillion-dollar lawsuit, working to change state law, and by pushing for criminal charges to be brought against the school entrusted to care for their son, the Careys are trying not to lose focus on why they began this fight in the first place.
`Our hope, as parents is that there’s genuine reform that comes out of this,` said Lisa Carey.
The Careys said Jonathan is slowly adjusting to his new school, the O.D. Heck Developmental Center in Schenectady.
His parents said that, since leaving the school, Jonathan’s condition seems to be worse during the fall, during the months that he is alleged to have experienced the abuse.
A psychiatrist who treated Jonathan diagnosed him with post-traumatic stress disorder, consistent with the symptoms of child abuse.
`He’s had some ups and downs,` said Michael Carey, `I would say he’s doing better now.`
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