Jonathan’s Law
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Jonathan’s Law, a New York statute co-sponsored by Harvey Weisenberg signed into law in May 2007, by governor Elliot Spitzer, entitles parents and legal guardians access to all child abuse investigation files and medical history records.[1][2]
The legislative measure is intended to hold residential mental health facilities accountable by requiring notification of guardians in cases of ill treatment, and requires written reports of ensuing investigations. Jonathan’s Law was sponsored by Assemblyman Harvey Weisenberg (D–Long Beach) and State Sen. Thomas Morahan (R–New City); Mike and Lisa Carey, the parents of Jonathan Carey, promoted Jonathan’s Law.
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[edit] Background
The State of New York’s Office of Mental Retardation and Developmental Disabilities prevented the family of Jonathan Carey from accessing records relating to their son, who had been diagnosed with autism. Jonathan attended the private Anderson School in Dutchess County in 2004. The Anderson School specializes in the education of children on the autism spectrum. Being nonverbal, Jonathan was unable to tell his parents what had happened to him.
[edit] Legal effects
“Jonathan’s Law” is the “popular name” of the amendments to New York Mental Hygiene Law Article 33.
[edit] Records access
Gives parents and guardians of developmentally-disabled people who live in government facilities access to records concerning abuse allegations involving their loved ones. Records must be produced within three weeks after an investigation is
closed.
[edit] Phone notification
Mandates telephone notification, within 24 hours of an incident, to parents or guardians, followed by a written report within ten days.
[edit] Meetings
Requires facility directors to meet with parents and/or guardians to discuss reported incidents.
[edit] Fines
Increases fines for noncompliance to $1,000 per day, and up to $15,000 per violation.
[edit] Privacy concerns
OMRDD officials cautioned the New York legislature about passing Jonathan’s Law without sufficient consideration, citing privacy concerns, adding that rushing their decision could be detrimental, asserting that whistleblowers will be less likely to come forward if their accusations become public.
[edit] Perspective of advocates
According to advocates supporting Jonathan’s Law, everyone deserves safety and quality medical care. They have argued that parents of individuals deemed unable to protect themselves must be allowed reasonable access to transparent records, thereby enabling families to ensure quality of care for their loved ones.
[edit] References
- ^ Newsday article
- ^ Governor Spitzer’s press release. Retrieved April 1, 2009.
[edit] 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”
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