|
'Eyes on the road' as outing turns
deadly Parents issue call for reforms, Jonathan's Law to help
uncover abuses
February 23, 2007
By Michele Morgan Bolton
 ALBANY
-- Calling for "immediate changes to a broken system," the parents
of an autistic boy who died last week appealed Thursday for reform
of New York's mental health system -- and legislation to force
disclosure of records that could reveal abuse.
Mike and Lisa Carey of Glenmont
urged speedy passage of what would be known as Jonathan's Law, in
memory of their 13-year-old son who lived at the state's O.D. Heck
Developmental Center in Niskayuna and died after allegedly being
restrained by a health aide.
The Careys, who spoke calmly to
reporters crammed into a conference room at their lawyer's office,
had tried for more than a year to learn who abused their child in
2004 at a private school for autistic children in Dutchess County.
They said they were grateful for
the outpouring of support but regretted it took their son's death to
get it.
The heightened awareness of their
plight has galvanized efforts to change the system.
 Within
hours of the morning news conference, Gov. Eliot Spitzer directed
Diana Ritter, on her first official day as commissioner of the state
Office of Mental Retardation and Developmental Disabilities, "to
begin a full-scale review" in the Carey case.
In a prepared statement issued
Thursday evening, Ritter said:
"As the new commissioner of the
state agency whose mission is to provide quality care and treatment
of the 140,000 individuals with mental retardation and developmental
disabilities across our state, I have already directed a
comprehensive review of our services with the goal of identifying
any and all improvements which need to be made to minimize the risk
that this kind of incident will happen again."
She said she would get "input from
families, parents and the extensive network of provider
organizations on any improvements they believe will elevate the
quality of care and improve accountability and oversight."
OMRDD had refused to release to the
Careys more than 400 pages of investigative records about their
son's case, citing confidentiality and mental hygiene laws.
Officials are cooperating with the
criminal investigation in the boy's death as well as with the
independent investigations of the Commission on Quality of Care and
Advocacy for Persons with Disabilities and the state Department of
Health, Ritter said.
During the news conference, the
Careys' attorney, Daniel Persing, said a wrongful death lawsuit will
be filed. Another suit is pending against the Anderson School, where
the Careys say their son was abused.
Also Thursday, Sen. Tom Libous,
R-Binghamton, proposed legislation to require OMRDD to "reform and
refocus" its services for people with autism.
And state Senate Majority Leader
Joseph L. Bruno announced that the Senate Committee on Mental Health
and Developmental Disabilities will hold a hearing on Monday, March
5, on such issues as how the system may have failed Jonathan Carey,
what legislation is needed to protect those who depend on the care
of others and the availability of confidential medical and
investigative records to parents and guardians.
Edwin Tirado, 35, and Nadeem Mall,
32, both of Schenectady, are accused of causing the boy's death
while on an outing in Colonie.
The Careys said they had known
Tirado since Jonathan went to O.D. Heck in October 2005. "To our
knowledge, Ed seemed to be a very nice guy," Mike Carey said.
Sometimes Jonathan needed to be
restrained because of his behavior, his parents said, but they found
him last fall with a black eye and a swollen nose. "Jonathan was not
self-abusive," Lisa Carey insisted. "He would not have punched
himself in the face or the eye." O.D. Heck officials said they
investigated and found no wrongdoing, according to the Careys.
On Tuesday, a bill that passed the
Assembly last year, but failed to win Senate support, was
reintroduced by Harvey Weisenberg, D-Long Beach. Another was
proposed Wednesday by Assemblyman Tim Gordon, I-Bethlehem.
Commissioner Ritter said: "I have
personally expressed my deepest condolences to the Carey family.
Such a loss is an incomprehensible tragedy and they are aware that
my office will do everything to hold accountable the individuals
responsible for this death. Mr. Carey has agreed to share his
thoughts and suggestions with me regarding his experience with our
system in a meeting early next week."
Lisa Carey said: "When Jonathan's
Law is passed and these agencies know parents have access to
records, it will force them to train their staff appropriately so
this will not keep happening to children."
The Careys said their son, Joshua,
9, was doing the best he could with the loss of his older brother.
"He's happy and sad," they said. "He knows where Jonathan is. And
that he is now well and whole."
"We're going to miss him so much,"
the father said. "But we know God has a great purpose for us. And we
hope Jonathan's Law will have a widescale effect."
Michele Morgan Bolton can be
reached at 434-2403 or by e-mail at mbolton@timesunion.com.
|
