Inclusion Daily Express -- Father Asks Governor To Extend Law Named After Son

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Father Asks Governor To Extend Law Named After Son
By Dave Reynolds, Inclusion Daily Express
January 4, 2008

ALBANY, NEW YORK--The father of Jonathan Carey, the 13-year-old boy who was suffocated to death during a restraint in the back of a van, has asked Governor Eliot Spitzer to extend a law that allows people to review abuse and neglect records of institution residents.

State lawmakers passed "Jonathan's Law" earlier last year after the teen's death at the hands of a worker of O.D. Heck Developmental Center worker Edwin Tirado Jr. during a February 15 outing.

Jonathan's parents, Michael and Lisa Carey, had already been pushing for parents to have greater access to information about their children's treatment at residential facilities. In 2004, they pulled Jonathan out of the privately run Anderson School, claiming he had been abused and neglected by staff there. They sued that facility, and then started their campaign for more transparency of staff and incident records.

Some elements of the law were set to expire on December 31.

Mr. Carey held a press conference at the Capitol Monday, saying the state has not done its job to adequately inform the public about the law, after Spitzer signed it in May. Carey said the Commission on Quality of Care and Advocacy for Persons with Disabilities did finally put together a guide in November, but only made it available on the Internet.

Carey has accused the state is trying to cover up abuses.

"Those records are vital for families to properly be able to advocate for their children," Carey said Monday.

A spokesperson for Spitzer's office said that the governor would not oppose an extension, but it that is up to the Legislature to make that decision.

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