Jonathan’s Law: Know Your Rights
- Under Jonathan’s Law parents and legal guardians (qualified persons) must be informed of all incidents involving their disabled loved one within 24 hours of the initial report. Incident is defined as “an accident or injury that affects the health or safety” of an individual receiving services.
- After the 24 hour notification is made, the Director of the facility must offer to hold a meeting with the qualified person(s) within 3 days, to discuss the incident.
- Within 10 days the Director of the facility shall provide the qualified person(s) with a written report on the actions taken to address the incident.
- Upon the request of the qualified person(s), a redacted (names and identifying information only) copy of the written incident report must be provided.
- Schools, facilities, and all investigative agencies (for example OMRDD, CQC) are required to release records and documents pertaining to all allegations and investigations into abuse, neglect, or mistreatment occurring at a school or facility, upon the written request of a qualified person(s), within 21 days. Only names and identifying information of employees and other persons receiving services may be redacted.
- Jonathan’s Law created new Mental Hygiene Law sections 33.23 and 33.25.
- Jonathan’s Law applies to all facilities operated or certified by the Office of Mental Retardation and Developmental Disabilities (OMRDD), the Office of Mental Health (OMH), and the Office of Alcohol and Substance Abuse Services (OASAS).