ALBANY---Jonathan's Law, ensuring that parents and guardians have access to records pertaining to allegations and investigations of mistreatment of children in residential care facilities, has been passed by the NYS Senate and sent to the Assembly.

The legislation was introduced after the tragic death in February of 13-year-old Jonathan Carey, an autistic teen who lived at the state-run O.D. Heck Development Center in Niskayuna.

"It is critical that parents and guardians who entrust their loved ones to the care of a residential facility be notified when there is evidence of abuse and/or mistreatment of their children, and that they have access to any records or reports that pertain to their children with respect to allegations and investigations," said Sen. Tom Morahan, chairman of the Senate Mental Health and Developmental Disabilities Committee.

Jonathan's Law (S.3105-A) does the following:

--ensures that parents or guardians have access to records concerning alleged abuse or investigations of abuse when it concerns their children. Upon written request, records must be released within 21 days of the conclusion of an investigation;

--mandates telephone notification to the parent or guardian of a patient when an incident occurs involving that patient, and upon request, a written incident report must be provided to the parent or guardian;

-- directs the Commission on Quality Care and Advocacy for Persons with Disabilities (CQCAPD) to prepare and disseminate a pamphlet on the right to access records relating to patient care and treatment;

--requires the CQCAPD to notify the parents or guardians when there is credible evidence of alleged abuse or mistreatment; and

--establishes a Task Force on Mental Hygiene Records to study and make recommendations on additional legislation regarding access to patient records and reports.