Jonathan's Law Explained

Short Title:	Jonathan's Law
Long Title:	Protection of People With Special Needs Act
Territorial Extent:	State of New York
Enacted By:	Governor Eliot Spitzer
Date Enacted:	May 2007
Introduced By:	Chief Secretary William Allmond Codrington Goode
Status:	in force

Jonathan's Law is a New York state law signed in May 2007 by Governor Eliot Spitzer,^[1] established procedures for the notification of parents and guardians of incidents affecting the health and well-being of children and certain adults residing in state-run facilities.^[2] Jonathan's Law was sponsored by Assemblyman Harvey Weisenberg (D–Long Beach) and State Sen. Thomas P. Morahan (R–New City). The law is named for Jonathan Carey, a child with autism and who was killed in 2007 by a direct care worker employed at the state-run facility where he lived.

Background

The State of New York's Office for People With Developmental Disabilities prevented the family of Jonathan Carey from accessing records relating to their son, who had been diagnosed with autism. Jonathan Carey attended the private Anderson School in Dutchess County in 2004.

In 2004, Jonathan was abused and neglected at that school.

As someone who had nonverbal autism, Jonathan was unable to tell his parents what had occurred at the facility.

In 2007, Jonathan was killed at age 13 by direct care worker Edwin Tirado of the O.D. Heck Developmental Center (a state-run facility in Niskayuna, New York).^{[3] [4]} Tirado was convicted of second-degree manslaughter and sentenced to five to 15 years in prison.^[5] Michael and Lisa Carey, the parents of Jonathan Carey, later advocated for the passage of Jonathan's Law.^[6]

Legal effects

Jonathan's Law consists of amendments to New York Mental Hygiene Law Article 33 that:

• Give parents and guardians of developmentally-disabled people who live in government facilities access to records concerning abuse allegations. Records must be produced within three weeks after an investigation is closed;
• Mandate telephone notification, within 24 hours of an incident, to parents or guardians, followed by a written report within ten days;
• Require facility directors to meet with parents and/or guardians to discuss reported incidents; and
• Increase fines for noncompliance to $1,000 per day and up to $15,000 per violation.

See also

• List of legislation named for a person

External links

• JonathansLaw.org - Jonathan's parents provide latest news stories, public forums, a biography of Jonathan.
• LegislativeGazette.com - 'Hearings focus on pros and cons of Jonathan's Law: Lawmakers seem resolved to pass bill that would allow parents more access to children’s health records', Sari Zeidler, Legislative Gazette (March 12, 2007)
• NationalCenter.org - 'Jonathan's Law', Amy Ridenour, National Center for Public Policy Research
• TroyRecord.com - 'Jump on bandwagon for Jonathan's Law' (editorial), Troy Record (February 27, 2007)
• Access to Mental Hygiene Records in New York State: A Guide for Individuals Receiving Services and Other "Qualified Persons"

Notes and References

1. News: After a Rough Start, Spitzer Rethinks His Ways. The New York Times. 27 November 2007. Confessore. Nicholas.
2. Web site: Jonathan's Law Incident Notification and Records Access.
3. Web site: Parole denied for killer of Jonathan Carey – the Daily Gazette.
4. Web site: State settles $2.25 million abuse case from O.D. Heck. 16 April 2015.
5. Web site: Parole denied for killer of Jonathan Carey – the Daily Gazette.
6. Web site: Parents: Jonathan Carey is 'Riding a White Horse in Heaven'. 9 November 2016.