Do you agree with Michael and Lisa Carey (parents of Jonathan and inspiration for Jonathan's Law) that there should be at least three mandatory, unannounced inspections of all facilities, schools, and institutions in the state with autistic, developmentally disabled, or mentally ill children or adults?

I heard Michael Carey speak up for this powerfully and eloquently at a recent Assembly public hearing this April-- for the need for NYS to move well beyond Jonathan's law to pro-actively make sure the abuses Jonathan withstood are prevented in the future; a number of autistic students in the audience at the public hearing were struck with emotion and moved to speak up publicly as a result of Michael's speech that day (note as well-- see JonathanCareyFoundation.org and below for much more on Jonathan's story; it will rip your heart out).

Full disclosure-- for nine years in the 80's and 90's I myself did award-winning work with developmentally disabled kids and adults in various nonprofit agencies here in the Hudson Valley; I know all too well from what I witnessed firsthand working at those places about the dire need for such legislation for regular, mandatory, unannounced inspections of such facilities to be passed without further delay.

The fact is that unannounced inspections have been recognized across the U.S. and all over the world as an effective way to ensure quality care and prevent abuse in a wide variety of institutions-- from nursing homes to hospitals to day care centers to adult facilities to group homes to child care facilities to homes for the mentally ill (see links below on this)-- so why can't NYS mandate three annual unannounced inspections of all facilities, schools, and institutions with autistic, developmentally disabled, or mentally ill children or adults?

If you agree, sign on to this petition, and call Gov. Paterson and state legislators toll-free at (877) 255-9417. Michael and Lisa are right-- "one really can make a difference"-- but only if you care enough to give a damn and sign.

Folks, believe me when I tell you we sorely need this now right here in Dutchess County (as well as across NYS); my only regret is my not advocating for this more strongly decades ago when I began working with developmentally disabled kids here and realized need for this then.

Jonathan's parents want us to help them to get NYS to move well beyond Jonathan's Law to enact this reform (contact them directly at 518-475-9100)-- sign on to this petition and pass it along to all you know.

Joel Tyner
County Legislator
Clinton/Rhinebeck
324 Browns Pond Road
Staatsburg, NY 12580
DutchessDemocracy.blogspot.com
joeltyner@earthlink.net
(845) 876-2488

[also-- go to this link and scroll down below for crucial info from NYS Inspector General on this:
http://readme.readmedia.com/news/show/Inspector-Generals-Report-Sparks-Changes-in-Residential-Care-for-Disabled-Children/195213]

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From JonathanCareyFoundation.org...

Welcome to the Jonathan Carey Foundation.

Lisa and I, the parents of Jonathan, would first like to thank everyone for your love, your prayers, and your encouragement throughout this extremely difficult time, and for all your support as we were fighting for Jonathans Law. Our hearts are broken and the pain of missing Jonathan is excruciating at times, but we know that Jonathan is happy and safe with our Lord Jesus in Heaven for all eternity, which helps us tremendously.

Right now we must move forward. We are compelled to help other vulnerable children, and to help prevent other children from suffering abuse and neglect like Jonathan suffered. We would like you know a little about our son Jonathan. Jonathan was diagnosed mentally retarded before he was two years old and then diagnosed autistic at six years old. Jonathans life was difficult in many ways because of the afflictions he suffered, as well as not being able to speak and communicate properly. You can only imagine the frustration, if it were you. Lisa and I placed Jonathan in the Anderson School in Staatsburg, New York, in January of 2003, so he could learn and prosper more as well as be toilet trained. We were told that the school had 100\% success with toilet training, and highly structured teaching in their school, and that the carry over in the residential settings was excellent.

Jonathan was making some significant gains, but in the Fall of 2004, things took a horrible turn for the worse. We received a call from the Director of the school saying that our son was in a crisis. Afterward, we found out that the school was withholding meals on a daily basis from Jonathan for behavior modification, or intense programming in their own words, whenever Jonathan did not have his shirt or clothing on.

Jonathan was struggling with a compulsive problem of keeping his shirt on, and this is how the school planned to program our son, without our knowledge or consent, or the knowledge or consent of a Human Rights Committee. This unbelievable abusive and neglectful plan was then carried out by numerous staff for over five weeks. Jonathan was also secluded for extended periods of time in his bedroom, at times naked lying in his own urine, missing many days of school, without our knowledge. During this time, Jonathan sustained dozens of bruises over much of his body, which was not reported properly by the school to both New York State agencies, OMRDD or CQC, as required for investigation. How can such things happen? How can people do such inhumane things? It is still hard for Lisa and I to understand how people can do such things. After a four week investigation was completed by OMRDD regarding these abuses of our son Jonathan, all of the records were then immediately sealed by the State of New York and none of the individuals involved were held accountable by law. The State of New York continued to withhold all of these records from us until the amendment to Jonathans Law was signed by Governor Spitzer on July 18, 2007.

Now under Jonathans Law, parents and legal guardians are able to obtain valuable investigative records and incident reports regarding their children to help insure their safety. Under the amendment to Jonathans Law, parents and legal guardians can obtain investigative records and incident reports dated from January of 2003 until the current date, by requesting their records in writing, by no later than December 31, 2007.

After removing Jonathan from the Anderson School , Jonathan struggled incredibly as a result of the abuse he went through. Jonathan was then diagnosed with Post Traumatic Stress Disorder as a result. After doing our best to care for Jonathan at home, without getting much assistance from OMRDD, despite pleading for help, we had to place Jonathan in another facility. We could not care for Jonathan alone. At this time Jonathan went into OD Heck, in Niskayuna, New York, which is a State run residential facility. A year and a half later, on February 16, 2007, while away on a trip, Lisa and I got the most horrible news any parent could ever get. Last night Jonathan stopped breathing and he could not be revived. Lisa and I both buckled to the sidewalk under the grief of the news coming over the payphone. We were in St. Thomas trying to get some respite from lifes difficulties, to get the worst news imaginable. We later received, a call saying that two men have been arrested and charged for improperly restraining Jonathan to death. Lisa and I were a couple of thousand miles away, and our precious first born son Jonathan was killed, we are told. If it were not for our faith in Jesus, there is no way we could have survived it all. By His amazing grace, as well as the amazing outpouring of love through so many people, we are doing OK. Hurting, yes, but we know there are many things we must do. We are compelled to help prevent this from happening to other children or their families. This is why Lisa and I have established the Jonathan Carey Foundation in Jonathans name, to do everything possible to stop such injustices, and help vulnerable children.

Most vulnerable children cannot speak or defend themselves and desperately need our help, meaning each and every one of us, in whatever way we can. Lisa and I have gained much insight through all that we have gone through, and have a responsibility to use that insight and knowledge to help bring about necessary changes and fight for what is right. Our hope and our prayer is that these changes will affect the lives of thousands of precious children and their families. We must continue to raise awareness of the issues facing those living in residential care facilities and schools, and their families.

We are also compelled to raise awareness and to encourage people to get involved in rescuing orphaned and abandoned children. We have been involved with a ministry called Hearts of the Father Outreach for many years now. I have seen first hand several young children, without parents, poor and destitute, sleeping on sidewalks in plastic corn meal sacks in need of a home, love, and their basic needs met, such as regular meals, clothing, and medical attention. These children can be rescued and literally saved for very little cost, if people first care, and second have an avenue to help. Our desire is to help point the way to other existing organizations and ministries that are doing such wonderful work. The Jonathan Carey Foundation is all about helping vulnerable children in any way possible, but it is going to take a team effort. There are millions of vulnerable children, in all sorts of dire need. Will you help? If everyone helps in whatever way they can, a tremendous number of precious childrens lives will be turned around, and I believe forever.

We are closing our family business named Solo Auto Sales, located at 90 Delaware Avenue in Delmar , New York , and are converting the use of the property into the office for The Jonathan Carey Foundation. We are now currently able to accept charitable contributions, which are tax deductible. We are going to need your help, as well as the help of our entire community, to accomplish and bring about the necessary changes needed to insure the safety and wellbeing of vulnerable children. Thank you for caring, and thank you for considering supporting The Jonathan Carey Foundation. If you would like to help financially, please click on the donate tab for the information necessary. Thank you.

Michael Carey

Keep checking for news and events.

Thank you to all those that supported the 2008 walk for vulnerable children.

One - Really can make a Difference

The Jonathan Carey Foundation
90 Delaware Ave.
Delmar, NY 12054

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Unannounced inspections are a well-recognized way to ensure quality care and prevent abuse.

Fact: NYS passed legislation eight years ago for at least one annual unannounced inspection of nursing homes.
[http://www.comptroller.nyc.gov/press/2001_releases/01-03-011a.shtm]

Fact: The U.S. Department of Health andHuman Services points out the value of unannounced inspections for child care facilities.
[http://www.acf.hhs.gov/programs/ccb/law/guidance/current/pi9905/example.htm]

Fact: "The NYS Dept. of Health annually conducts 575 unannounced surveys of adult homes in NYS" [G. Pataki: http://www.cqc.state.ny.us/newsletter/83govmou.htm]

Fact: Carl McCall spoke out nine years on the need for real inspections of adult care facilities.
[http://www.elderweb.com/home/taxonomy/term/6368?page=2]

Fact: Unannounced inspections already in Scotland/England of adult homes and day care centers.
[http://www.childrenwebmag.com/articles/early-years/how-collaboration-can-make-the-new-care-service-inspection-regime-benefit-everyone]

Fact: NYTimes reported in 1993 on need for unannounced inspections of homes for developmentally disabled.
[http://www.nytimes.com/1993/12/14/nyregion/lapses-in-oversight-found-in-residences-for-disabled.html]

Op-ed piece on need for regular unannounced inspections of group homes for mentally ill:
http://www.city-journal.org/html/eon_4_30_02eft.html

Click on these six links for much, much more re: need for unannounced inspections:
http://www.cqcapd.state.ny.us/publications/pubstalk.htm ; http://skyeline.com/blog/?cat=9; http://www.health.state.ny.us/press/releases/2002/adult_home_release_07-23-2002.htm;
http://cchealth.org/groups/hazmat/unannounced_inspections.php;
http://www.ccaparentnetwork.org/news/index.php/category/regular-unannounced-inspections/;
http://www.boston.com/news/local/articles/2007/03/17/surprise_check_faults_mgh_quality_of_care/.

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News from New York State Inspector General

For more information contact: Kate Gurnett, 518-474-1010

Inspector General's Report Sparks Changes in Residential Care for Disabled Children

http://readme.readmedia.com/news/show/Inspector-Generals-Report-Sparks-Changes-in-Residential-Care-for-Disabled-Children/195213

ALBANY, NY (06/11/2008; 1000)(readMedia)-- State Inspector General Joseph Fisch today issued a report that makes 20 recommendations for change in state government and criticizes two agencies for neglecting their duties.

The 244-page report examines the response of New York State agencies to allegations of abuse of Jonathan Carey in 2004. It reveals deficiencies in state oversight of Jonathans care, particularly by the New York State Commission on Quality of Care and Advocacy for Persons with Disabilities (CQC). It finds fault with both CQC and the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) for providing misleading or inadequate information to the Governors office and Jonathan Careys parents. And it recommends a review of the states Social Services Law related to abuse in institutional settings.

In response, CQC and OMRDD have vowed to improve their approaches to overseeing the care of children with disabilities.

Jonathan Carey was a disabled pre-teen who resided at the Anderson School in Dutchess County from 2003 to 2004. He died in 2007 while in the care of the O.D. Heck Developmental Center in Schenectady County. Two workers were convicted in his death.

"It is difficult to contemplate any tragedy more difficult for parents to endure than the death of a child, Inspector General Joseph Fisch said. Such pain is more intolerable when the child, as was the case with Jonathan Carey, suffered at the hands of professionals who were entrusted with Jonathans care. Jonathan was autistic and developmentally disabled. Such children require more attention, more love, more understanding and more kindness than other youngsters. Parents, and indeed society, have every right to expect and demand such effort in their behalf. They deserve no less.

The Inspector Generals probe is related to state agency oversight of Jonathan Careys treatment at the Anderson School several years prior to his death. Jonathans parents alleged that his alleged abuse was improperly investigated by CQC, OMRDD and other government entities. The Inspector Generals office reviewed more than 25,000 pages of documents and conducted over 75 interviews.

The report concludes that:

CQC conducted a shoddy child abuse investigation, failing to fully address allegations that Jonathan was neglected, inadequately fed and left to lie naked on a urine-soaked bed.
CQC issued a report for a second, separate review of the Anderson Schools comprehensive treatment of Jonathan without actually examining his care.

CQC misrepresented the extent of its work to the state Senate, the Governor, the Inspector General and Michael and Lisa Carey, Jonathans parents.

In its investigation of OMRDD, the Inspector General found that the agency generally conducted an adequate review and gave follow-up assistance to the Anderson School to correct problems. However, the report also concluded that:

OMRDD failed to fully address potential violations by the Anderson School related to the neglect and maltreatment of Jonathan Carey.

Safeguards in place for children at state-operated facilities do not apply to disabled residents in private care. These safeguards pertain to restraint, seclusion and restrictive behavioral therapies.

OMRDD was deficient in its communications with the Careys and provided inaccurate or misleading information to the Governor.

Fisch noted that on June 2, 2008, Governor David A. Paterson proposed legislation to improve the safety of children in residential programs operated or licensed by the state. The bill defines certain behaviors - such as kicking, biting, or withholding food - as acts of abuse, even if they do not result in an injury to the child. It also expands the application of New Yorks Statewide Central Register to children in residential programs for the treatment of alcohol or substance abuse.

Fisch praised the Governors proposal, saying: It is an important extension of protections for our most vulnerable children. The Governors proposed legislative reforms and our recommendations give better support and guidelines to the thousands of dedicated caregivers who work tirelessly with children across New York State.

Meanwhile, CQCs new Chief Operating Officer Jane G. Lynch, appointed last month, said she has assigned a high priority to improving CQCs oversight. She informed the Inspector General that CQC will:

1. Revise protocols and train employees to ensure that all CQC investigations are actually completed.

2. Establish independent supervisory oversight for each investigation.

3. Conduct adequate site visits.

4. Investigate all State Central Register child abuse allegations that CQC receives, including a broader review of the care of other children in the same program.

In a letter to the Inspector General, Lynch praised the investigation, saying, I welcome the opportunity to analyze [CQC] operations and take steps to improve the quality of the oversight and advocacy which it provides New Yorkers with disabilities, their families, advocates and service providers.

OMRDD Commissioner Diana Jones Ritter said the Inspector Generals report indicates that there are still opportunities to improve our approach to investigations and our quality reviews, such as sharing information with families. In addition, Jones Ritter said that OMRDD will:

1. Fully address all potential violations uncovered by an investigation.

2. Conduct a full review of safeguards currently afforded disabled residents in private care to see if they are adequate.

We are heartened by the positive response to our report by the agencies and entities involved, Inspector General Fisch said. And we hope that these institutional reforms and those incorporated in the Governors proposed legislation will prevent such tragedies in the future. The case of Jonathan Carey teaches us that our disabled children deserve a better system.

[see much more re: NYS Inspector General's report on this at these two links:
http://s3.amazonaws.com/attachments.readmedia.com/4258d8e4d8f84f30fcc56dc79da4eb1e.pdf;
http://s3.amazonaws.com/attachments.readmedia.com/2b7e1f22aae9f0928605be763771f22c.pdf]