Bill to help parents protect disabled now up to Spitzer

By The Associated Press

Monday, April 30, 2007 10:22 AM EDT

ALBANY - Michael and Lisa Carey are watching Albany these days as few do. They are waiting to see if the bill they pushed in memory of their autistic son, Jonathan, becomes law so that parents can better protect their disabled children.
The bill, which gained overwhelming support in the Senate and last week passed 146-0 in the Assembly, is now before Gov. Eliot Spitzer.

Bill supporters hope Jonathan's Law, named after the Careys' 13-year-old son who died in February while under the care of a residential facility, will allow parents and guardians to have more information on the care of their disabled children.

The bill would require facilities to notify parents and guardians when their children are involved in incidents that could involve or lead to injury.

The bill would also create a task force to review confidentiality provisions intended to protect the privacy of patients, even children, from others, including the parents.

The Careys had sought information for years on their son's treatment before his death.

“This was a tragic incident and we recognize the need to reform the laws and provide better services to persons with developmental disabilities,” said Spitzer spokeswoman Christine Anderson. “We will carefully review the proposed legislation and will be seeking comments from the affected agencies and interested parties, as we do with all bills.”

The Carey's recently met with Spitzer.

“He listened to our concerns and we explained the seriousness of what's going on in the mental health system,” Michael Carey said. “We feel many incidents of abuse are not even being reported to the police.”

Their son was a resident at the state's O.D. Heck Developmental Center in Niskayuna, about 10 miles west of Albany. Two aides at the center have been accused of manslaughter, have pleaded not guilty and are free on bail.

Authorities said the two were taking Carey and another teen in a van to a shopping mall when one aide attempted to restrain Carey in the back of the van.

Soon after the boy stopped breathing.

The Careys want to know about the restraints, how they are done, when they are done, and how well trained are aides who use them, among other practices.

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