Jonathan's Law


Jonathan's Law, a New York law signed in May 2007 by Governor Eliot Spitzer, established procedures for the notification of parents and guardians of incidents affecting the health and well-being of children and certain adults residing in state-run facilities. Jonathan's Law was sponsored by Assemblyman Harvey Weisenberg and State Sen. Thomas P. Morahan. The law is named for Jonathan Carey, an autistic child who was killed in 2007 by a direct care worker employed at the state-run facility where he lived.

Background

The State of New York's Office for People With Developmental Disabilities prevented the family of Jonathan Carey from accessing records relating to their son, who had been diagnosed with autism. Jonathan Carey attended the private Anderson School in Dutchess County in 2004. In 2004, Jonathan was abused and neglected at that school. Being nonverbal, Jonathan was unable to tell his parents what had occurred. In 2007, Johnathan was killed at age 13 by direct care worker Edwin Tirado of the O.D. Heck Developmental Center. Tirado was convicted of second-degree manslaughter and sentenced to five to 15 years in prison. Michael and Lisa Carey, the parents of Jonathan Carey, later advocated for the passage of Jonathan's Law.

Legal effects

Jonathan's Law consists of amendments to New York Mental Hygiene Law Article 33 that: