Jonathan's Law

The law is the result of the efforts by Michael and Lisa Carey. The tragic death of their 13 year-old autistic son, Jonathan, raised awareness of the need to provide parents and guardians with timely information about incidents affecting the health and safety of their children in residential care facilities. Michael and Lisa Carey were unable to access records regarding their son's care at a private school for developmentally disabled children in 2004. They had become tireless advocates for changing the law governing the disclosure of such records.

The culmination of their efforts was Jonathan's Law, which is a combination of two state laws that expand access to records related to incidents and allegations involving individuals residing in residential mental hygiene facilities, including, in certain circumstances, records related to incidents that occurred prior to the enactment of these laws.

JONATHAN'S LAW A.6846-A

  • Requires telephone notification to parents of any reportable incident within 24 hours of the incident.
  • Ensures that all incidents are reported to parents.
  • Parent receives a copy of the written incident report upon request (names of individuals involved are not included)
  • Parents, upon written request, are entitled to a copy of investigative reports about patient abuse or mistreatment. Names of individuals involved are not included.
  • Commission on Quality Care and Advocacy for Persons with Disabilities is required to develop and distribute a pamphlet regarding the rights of parents to receive records and the process to appeal the denial of such request.
  • Incident reporting requirements now include all licensed and certified facilities providing services to persons with mental disabilities.
  • Task Force is created to identify records, review provisions and seek means to improve practices.
  • Commissioner of OMRDD can impose a fine of $1,000 per day or maximum of $15,000 per violation on an OMRDD facility that is not in compliance, which equalizes OMRDD and OMH facilities.