Following the death of 13-year-old Jonathan Carey in March, his parents, Michael and Lisa Carey of Glenmont, have fought hard to bring reform to a system they believed failed their son, who had autism.
Their advocacy was rewarded by a phone call from Gov. Eliot Spitzer on Saturday, May 5.
He called me personally at 7:30 on Saturday night, said Michael Carey. `He wanted us to be the first to know he signed Jonathan’s Law.`
The law ensures that parents and guardians have access to records pertaining to allegations and investigations of mistreatment of children in residential care facilities. `It is critical that parents and guardians of children housed in state facilities for the treatment of developmental disabilities and mental illness have access to records related to abuse allegations and other incidents,` said Spitzer. `This bill allows them to better monitor the care their children receive.`
The Careys began their fight for the new legislation prior to their son’s death.
They have charged that their son was abused while a resident of the Anderson School in Dutchess County. Following an investigation by several state agencies, determinations of the extent of the alleged abuse were inconclusive. The Careys were denied the records of those state investigations on which the findings were based. After the alleged abuse occurred at the Anderson School, the Careys pulled Jonathan out, eventually enrolling him in the O.D. Heck Facility in Schenectady.
Jonathan Carey died while being transported by two employees of O.D. Heck when he was allegedly restrained inappropriately while riding in the backseat of a van traveling on Central Avenue in Colonie on Thursday, Feb. 15.
`I know Jonathan’s Law is going to make a tremendous impact on many people’s lives,` said Michael Carey. `This is going to be a really great starting point for reform to the mental health care system.`
In addition to making investigative records available for parents, the law mandates telephone notification to the parent or guardian of a patient when an incident occurs. It also requires the state Commission of Quality Care to notify the parents or guardians when there is credible evidence of alleged abuse or mistreatment, and establishes a Task Force on Mental Hygiene Records to study and make recommendations on additional legislation regarding access to patient records and reports.
`This is a great victory for every child under state care, but this fight is not over. We must continue to be the voice for children who cannot speak for themselves,` said state Assemblyman Tim Gordon, I-Bethlehem, who sponsored the legislation. `Working with the Careys to get this legislation passed, has been an inspiration they have turned the most tragic incident into a cause for hope for all parents of special needs children.`
The Careys have been actively involved in the process of passing this law, lobbying on behalf of Jonathan, and others like him. Michael Carey has said in the past that his hope would be that Jonathan’s Law would bring sorely needed change in how the state cares for its disabled residents.
`The current mental health care system is unsafe and must be changed immediately,` said Carey. `Many of the developmentally disabled cannot speak or defend themselves. The parents and legal guardians are the voice and advocate for their own children. Access to important information regarding their children’s care is crucial for the safety of their children. Jonathan’s Law is about access to these needed records.`
Carey said he and his wife would continue to advocate for the rights of the disabled.
`Right on the heels of this we’re hoping to work with numerous senators and assemblymen for reforms for the mental health care system,` said Carey, two weeks ago. `Lisa and I are committed advocates for the reform to the system to help developmentally disabled adults and children.`
On Tuesday, April 24, the state Senate passed legislation that elevates endangering the welfare of an incompetent or physically disabled person from a class A misdemeanor to a class E felony. The legislation awaits approval from the Assembly.
`There are many problems in the system that need to be changed,` said Carey. `A lot of people want to do the right thing. We’re just trying to point them in the right direction.`
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