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Opinion June 7, 2007
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New disclosure law empowers parents

Dear Editor:

Two months ago, I wrote about important state legislation that would give parents of developmentally disabled people living at state-run facilities access to important information about incidents of abuse that occur. Today, I am pleased to inform you that "Jonathan's Law" has been signed into New York State Law.

The new law is named after 13-year-old Jonathan Carey, an autistic child who died after being improperly restrained by workers at a state-run facility near Albany. At the time of his death, his parents were attempting to obtain information about an earlier abuse incident at a different facility.

Jonathan's Law was also inspired by Nancy Bunter, a developmentally disabled adult who sustained an injury in an upstate care facility, but her parents were unable to find out any information about how the injury occurred. Nancy is now living at a facility near her parents here on Long Island. Compelling testimony present by Nancy's father, William A. Bunter, during a Senate hearing, helped spur action on this important law.

Specifically, Jonathan's Law does the following:

+Gives parents and guardians of developmentally disabled people access to records concerning abuse allegations at state-run facilities,

+Requires telephone notification to a parent or guardian within 24 hours of an incident occurring,

+Mandates directors of facilities meet with parents and guardians to discuss incidents.

+Requires the state to create and distribute a pamphlet informing parents and guardians of their right to access information about their children.

+Establishes fines of $1,000 per day or $15,000 per violation for facilities that don't comply with the law.

Jonathan's Law will help protect people who depend on the care of others and prevent further tragedies.

Charles J. Fuschillo, Jr. State Senator
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