Laura
05-12-2007, 04:06 PM
Jonathan’s Law is a starting place for reform, say parents of law’s namesake (http://www.legislativegazette.com/read_more.php?story=2409)
By SARI ZEIDLER
Legislative Gazette Staff Writer
Mon, May 14, 2007
After more than a year of frequent visits to the New York state Capitol, Michael and Lisa Carey achieved a personal victory that will also help families across New York when Jonathan’s Law was signed by Gov. Eliot Spitzer on May 6.
The new law will open medical files to parents of special needs children in state-run or state-licensed facilities when allegations of abuse have been reported.
Jonathan’s Law is named for Michael and Lisa’s autistic son, Jonathan, who died while being improperly restrained on an outing from the O.D. Heck Developmental Center in Niskayuna in February.
The Careys said it is a much-needed law, but it is only a first step in a series of reforms they hope to help establish in the New York state’s developmental disability and mental health care system.
“Jonathan’s Law, Lisa and I feel, is a starting place for the greatest reform since Willowbrook,” said Michael Carey, referencing the Staten Island residential facility for developmentally disabled children that was closed due to scandals of abuse and unethical medical studies on children. The case led to an overhaul of the entire mental health system in New York state. “There’s many other areas that need to be changed in the current mental health care system, primarily for the safety of our developmentally disabled children.”
The Careys said stricter regulations need to be imposed on the amount of hours employees of facilities for developmentally disabled persons can work. According to Michael Carey, there is no limitation on the amount of overtime direct care workers can put in if they request the extra hours, and they are often mandated to work double shifts.
“We’ve already asked Commissioner Diana Jones Ritter of OMRDD [Office of Mental Retardation and Developmental Disabilities] to look into changing the regulations on this in light of what happened with Jonathan, because Edwin Tirado [the employee accused of smothering Jonathan] had worked 10 consecutive 16 hour days when it happened. This is gross negligence on the part of the state of New York to allow such a thing,” Carey said. “Lisa and I spoke about that eight months prior to Jonathan’s death at an Assembly mental health hearing”
The Careys also sent a letter to Spitzer asking for his help on this issue.
Michael Carey said state agencies need to be better monitored to ensure children’s safety, and the system for reporting incidents should be changed.
“Child abuse calls should go into local law enforcement agencies, not state agencies that oversee state facilities, we feel it’s a conflict of interest and it is not providing the proper protection for the disabled,” Carey said.
He suspects this relationship causes state agencies to cover up investigations that indicate child abuse, including the records of Jonathan’s suspected abuse that led the Carey’s initial push for Jonathan’s Law.
He also suggested that unannounced visits to facilities by an oversight agency should be conducted three to four times a year.
Carey and his wife are currently working with legislators to draft the next reform they hope to achieve, though he declined to say what area of reform this legislation will target.
However, the Careys have grown wise to the fact that passing legislation can be a lengthy process and are calling on the governor to make prompt changes.
“We believe many changes to the mental health care system can come through immediately through regulation changes and possibly even executive order, but these problems need to be looked at immediately,” said Carey.
In addition to giving parents and guardians full access to files pertaining to alleged abuse of their children, Jonathan’s Law requires schools to notify parents by phone within 24 hours of any incident that may affect the health and safety of their child. A task force on mental hygiene records will be created to examine laws related to records, and fines will be increased for facilities licensed by the Office of Mental Retardation and Developmental Disabilities who fail to comply with the law.
Jonathan’s parents began their crusade for Jonathan’s Law after they suspected he was being abused at the Anderson School in Staatsberg. The Carey’s came into possession of a logbook, dated and signed by school employees, that said Jonathan was being denied meals for more than a month as a form of behavior management. They also discovered several unexplained bruises on Jonathan and he was diagnosed with post traumatic stress syndrome after being pulled out of the school.
Despite evidence of Jonathan’s abuse, the Careys were sent a letter by the Commission on Quality Care and Advocacy for Persons with Disabilities saying their accusations were unfounded. They were only given a one page summary of the investigation and were denied access to the full files of Jonathan’s investigation after two requests under the Freedom of Information Law.
The Carey’s believed state agencies were intentionally covering up abuse and were resistant to changes enacted by Jonathan’s Law.
“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 about the new law. “This bill allows them to better monitor the care their children receive.”
“Reform is desperately needed,” said Carey. “And Jonathan’s Law is the starting place.”
By SARI ZEIDLER
Legislative Gazette Staff Writer
Mon, May 14, 2007
After more than a year of frequent visits to the New York state Capitol, Michael and Lisa Carey achieved a personal victory that will also help families across New York when Jonathan’s Law was signed by Gov. Eliot Spitzer on May 6.
The new law will open medical files to parents of special needs children in state-run or state-licensed facilities when allegations of abuse have been reported.
Jonathan’s Law is named for Michael and Lisa’s autistic son, Jonathan, who died while being improperly restrained on an outing from the O.D. Heck Developmental Center in Niskayuna in February.
The Careys said it is a much-needed law, but it is only a first step in a series of reforms they hope to help establish in the New York state’s developmental disability and mental health care system.
“Jonathan’s Law, Lisa and I feel, is a starting place for the greatest reform since Willowbrook,” said Michael Carey, referencing the Staten Island residential facility for developmentally disabled children that was closed due to scandals of abuse and unethical medical studies on children. The case led to an overhaul of the entire mental health system in New York state. “There’s many other areas that need to be changed in the current mental health care system, primarily for the safety of our developmentally disabled children.”
The Careys said stricter regulations need to be imposed on the amount of hours employees of facilities for developmentally disabled persons can work. According to Michael Carey, there is no limitation on the amount of overtime direct care workers can put in if they request the extra hours, and they are often mandated to work double shifts.
“We’ve already asked Commissioner Diana Jones Ritter of OMRDD [Office of Mental Retardation and Developmental Disabilities] to look into changing the regulations on this in light of what happened with Jonathan, because Edwin Tirado [the employee accused of smothering Jonathan] had worked 10 consecutive 16 hour days when it happened. This is gross negligence on the part of the state of New York to allow such a thing,” Carey said. “Lisa and I spoke about that eight months prior to Jonathan’s death at an Assembly mental health hearing”
The Careys also sent a letter to Spitzer asking for his help on this issue.
Michael Carey said state agencies need to be better monitored to ensure children’s safety, and the system for reporting incidents should be changed.
“Child abuse calls should go into local law enforcement agencies, not state agencies that oversee state facilities, we feel it’s a conflict of interest and it is not providing the proper protection for the disabled,” Carey said.
He suspects this relationship causes state agencies to cover up investigations that indicate child abuse, including the records of Jonathan’s suspected abuse that led the Carey’s initial push for Jonathan’s Law.
He also suggested that unannounced visits to facilities by an oversight agency should be conducted three to four times a year.
Carey and his wife are currently working with legislators to draft the next reform they hope to achieve, though he declined to say what area of reform this legislation will target.
However, the Careys have grown wise to the fact that passing legislation can be a lengthy process and are calling on the governor to make prompt changes.
“We believe many changes to the mental health care system can come through immediately through regulation changes and possibly even executive order, but these problems need to be looked at immediately,” said Carey.
In addition to giving parents and guardians full access to files pertaining to alleged abuse of their children, Jonathan’s Law requires schools to notify parents by phone within 24 hours of any incident that may affect the health and safety of their child. A task force on mental hygiene records will be created to examine laws related to records, and fines will be increased for facilities licensed by the Office of Mental Retardation and Developmental Disabilities who fail to comply with the law.
Jonathan’s parents began their crusade for Jonathan’s Law after they suspected he was being abused at the Anderson School in Staatsberg. The Carey’s came into possession of a logbook, dated and signed by school employees, that said Jonathan was being denied meals for more than a month as a form of behavior management. They also discovered several unexplained bruises on Jonathan and he was diagnosed with post traumatic stress syndrome after being pulled out of the school.
Despite evidence of Jonathan’s abuse, the Careys were sent a letter by the Commission on Quality Care and Advocacy for Persons with Disabilities saying their accusations were unfounded. They were only given a one page summary of the investigation and were denied access to the full files of Jonathan’s investigation after two requests under the Freedom of Information Law.
The Carey’s believed state agencies were intentionally covering up abuse and were resistant to changes enacted by Jonathan’s Law.
“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 about the new law. “This bill allows them to better monitor the care their children receive.”
“Reform is desperately needed,” said Carey. “And Jonathan’s Law is the starting place.”