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Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Signed chap.395
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.101
- Substituted for A4100
- Referred to mental health
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.174
Show 1 earlier action
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment
Assembly Floor Calendar · Sponsor Harvey Weisenberg
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3802
Title of bill
An act to amend the mental hygiene law, in relation to the further dissemination of records pertaining to allegations and investigations of abuse and mistreatment at a facility to certain persons
Purpose or general idea of bill
Amends Chapter 24 of the Laws of 2007 (Jonathan's Law) and clarifies the legislative intent of certain provisions.
Summary of specific provisions
Subdivision (b) of section 33.25 of the mental hygiene law, as added by chapter 24 of the laws of 2007, is amended to strike certain language regarding the further dissemination of records by the recipient.
Justification
Chapter 24 of the Laws of 2007 (Jonathan's Law) mandated the timely notification and the release of reports and records to qualified family members with regard to incidents of abuse of an individual under the care of these facilities.
The law contained language that prohibits the "further dissemination" of records obtained by parents or guardians with regard to abuse of individuals with developmental disabilities who reside in facilities licensed by the New York State Office for People with Developmental Disabilities (OPWDD).
Since Jonathan's Law was enacted, the language prohibiting the further dissemination of these records has often been interpreted inconsistently, and is at odds with the legislative intent of the original chapter. For example, when family members request and receive reports of abuse of their loved ones, the documents are provided with a letter from the agency stating the information is "highly confidential" and the reports themselves are stamped in large bold letters "CONFIDENTIAL - DO NOT DISCLOSE". It remains unclear whether these records can be shared, for instance, with an attorney representing the family, or even law enforcement agencies, where a crime has clearly been committed.
Given the recent series of New York Times articles exposing allegations of widespread abuse and the unacceptable lack of criminal reporting of these incidents by those charged under law to do so, it is imperative that we allow the qualified recipients of these reports of abuse to utilize them in a manner that will best protect the individual and provide for swift justice of crimes against this vulnerable population.
Prior legislative history
2012 A9037 Passed Assembly/S6620 Mental Health and Developmental Disabilities Committee
Fiscal implications
None
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.