Jonathan Carey: Update on Jonathan's Law

Jonathan's Law allows parents and legal guardians access to incident reports and investigative records of allegations of abuse. Under the law, incidents affecting the health or safety of a disabled person receiving services must be reported to parents or legal guardians (qualified persons) within 24 hours. The Director of the facility must meet with the qualified person(s) within 3 days to discuss the incident, and also supply them with a written report of actions taken by the facility to address the incident, as well as provide the incident report (names redacted only) within 10 days. Upon written request, all investigative records must be released to the qualified person(s) within 21 days, with only names or identifying information redacted.

Jonathan's Law created new Mental Hygiene Laws and applies to all facilities operated or certified by the Office of Mental Retardation and Developmental Disabilities (OMRDD), the Office of Mental Health (OMH), and the Office of Alcohol and Substance Abuse Services (OASAS).