Jonathan's Law
Encyclopedia
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 guardian
s access to all child abuse
investigation files and medical history
records.
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.
. 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.
concerns, adding that rushing their decision could be detrimental, asserting that whistleblower
s will be less likely to come forward if their accusations become public.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
statute co-sponsored by Harvey Weisenberg
Harvey Weisenberg
Harvey Weisenberg is a Democrat and the Assistant Speaker Pro Tempore of the New York State Assembly. He represents the 20th assembly district, encompassing Atantic Beach, Long Beach, Lido Beach, Island Park, Oceanside, East Rockaway, The Five Towns and parts of Lynbrook and Rockville...
signed into law in May 2007, by governor Elliot Spitzer, entitles parents and legal guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
s access to all child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
investigation files and medical history
Medical history
The medical history or anamnesis of a patient is information gained by a physician by asking specific questions, either of the patient or of other people who know the person and can give suitable information , with the aim of obtaining information useful in formulating a diagnosis and providing...
records.
The legislative measure is intended to hold residential mental health
Mental health
Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...
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
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
–Long Beach
Long Beach, New York
Long Beach is a city in Nassau County, New York. Just south of Long Island, it is located on Long Beach Barrier Island, which is the westernmost of the outer barrier islands off Long Island's South Shore. As of the United States 2010 Census, the city population was 33,275...
) and State Sen. Thomas Morahan (R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
–New City
New City, New York
New City is a hamlet , in the Town of Clarkstown Rockland County, New York, United States, part of the New York Metropolitan Area. The hamlet is a suburb of New York City, located 18 miles north of the city at the closest point, Riverdale, The Bronx...
); Mike and Lisa Carey, the parents of Jonathan Carey, promoted Jonathan's Law.
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 autismAutism
Autism is a disorder of neural development characterized by impaired social interaction and communication, and by restricted and repetitive behavior. These signs all begin before a child is three years old. Autism affects information processing in the brain by altering how nerve cells and their...
. Jonathan attended the private Anderson School in Dutchess County
Dutchess County, New York
Dutchess County is a county located in the U.S. state of New York, in the state's Mid-Hudson Region of the Hudson Valley. The 2010 census lists the population as 297,488...
in 2004. The Anderson School specializes in the education of children on the autism spectrum
Autism spectrum
The term "autism spectrum" is often used to describe disorders that are currently classified as pervasive developmental disorders. Pervasive developmental disorders include autism, Asperger syndrome, Childhood disintegrative disorder, Rett syndrome and Pervasive Developmental Disorder Not Otherwise...
. Being nonverbal, Jonathan was unable to tell his parents what had happened to him.
Legal effects
"Jonathan's Law" is the "popular name" of the amendments to New York Mental Hygiene Law Article 33.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.Phone notification
Mandates telephone notification, within 24 hours of an incident, to parents or guardians, followed by a written report within ten days.Meetings
Requires facility directors to meet with parents and/or guardians to discuss reported incidents.Privacy concerns
OMRDD officials cautioned the New York legislature about passing Jonathan's Law without sufficient consideration, citing privacyPrivacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
concerns, adding that rushing their decision could be detrimental, asserting that whistleblower
Whistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
s will be less likely to come forward if their accusations become public.
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.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 ResearchNational Center for Public Policy ResearchThe National Center for Public Policy Research, founded in 1982, is a self-described conservative think tank in the United States. Its president since its founding has been Amy Ridenour. David A. Ridenour, her husband, is vice president, and David W. Almasi is executive director...
- 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"