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GOVERNOR SPITZER SIGNS JONATHAN’S LAW
Increases Access to Records Related to Care of Children and Adults in Residential Mental Hygiene Facilities

Governor Eliot Spitzer announced today that he has signed into law legislation known as “Jonathan’s Law,” which grants the parents and guardians of disabled children and adults greater access to records related to their care while in residential mental hygiene facilities operated by the state or voluntary agencies.

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 have since 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 bills 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.

“The health and safety of New Yorkers living away from their families in residential care facilities is critically important,” said Governor Spitzer. “Jonathan's Law will now provide better and more certain access to information for families like the Careys for ensuring that their loved ones receive appropriate care, and these families owe Michael and Lisa Carey a debt of gratitude for their tireless advocacy.”

Michael and Lisa Carey said: “Jonathan’s Law is a great victory for every family in the State of New York with a developmentally disabled family member. Jonathan’s Law is a vital part of reform that is absolutely necessary to the current mental health care system. Jonathan’s Law is the beginning of much needed reform, to ensure the safety of thousands of developmentally disabled children and adults throughout the State of New York, who are extremely vulnerable.”

Senator Morahan, Chairman of the Senate Mental Health and Developmental Disabilities Committee, said: “Jonathan's Law is an important reform which will impact families who entrust their loved ones to the care of a residential facility. This new law ensures that parents and guardians will be notified when there is evidence of abuse and/or mistreatment of their children, and that they will have access to any records or reports that pertain to their children with respect to allegations and investigations.”

Assemblyman Harvey Weisenberg said: “As a parent of a special needs child, I commend Governor Spitzer for his support for persons with disabilities. Providing access to families and guardians to health reports and records which could indicate signs of abuse strengthens accountability and transparency and ensures that these vulnerable individuals have the safest environment possible.”

Commissioner of Mental Retardation and Developmental Disabilities Diana Jones Ritter said: “The Office of Mental Retardation and Developmental Disabilities is taking the steps necessary to implement Jonathan’s Law. We also established a toll-free, statewide information line (1-866-94NYSDD) to help people get answers to questions about programs and services for individuals with developmental disabilities. We remain committed to seeking out additional ways to improve information access.”