State agencies faulted over alleged abuse at Anderson School

By Cara Matthews • Journal Albany Bureau • June 11, 2008

ALBANY -- A report released by the state inspector general today says two agencies neglected their duties in investigating alleged abuses of an autistic and developmentally disabled adolescent while he was in the care of a Dutchess County school.

Inspector General Joseph Fisch faulted the state Commission on Quality of Care and Advocacy for People with Disabilities for deficiencies in New York’s oversight of Jonathan Carey’s care at the Anderson School in Staatsburg from 2003 to 2004.

The CQC and the state Office of Mental Retardation and Developmental Disabilities provided misleading or inadequate information about Jonathan’s care to his parents and the Governor’s Office, Fisch found.

The CQC in particular 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,” the report said.

“The case of Jonathan Carey teaches us that our disabled children deserve a better system,” Fisch said in releasing a 244-page document on the matter.

Jonathan’s parents, Michael and Lisa Carey of Delmar, Albany County, sparked the inspector general’s probe and have sued the Anderson School. Jonathan died last year while he was in the care of the O.D. Heck Developmental Center in Schenectady last year. He was 13. Two workers have been convicted in his death.

Fisch’s report makes 20 recommendations to prevent another case like Jonathan Carey’s, including a review of the state’s Social Services Law related to abuse in institutional settings.

The CQC and Office of Mental Retardation have promised to improve their oversight in the case of children with disabilities, Fisch’s report said.

Michael and Lisa Carey planned a news conference later today to comment on the report.

A spokesman for the Anderson School could not immediately be reached for comment.

Fisch’s investigation included a review of some 25,000 pages of documents and more than 75 interviews.

“It is difficult to contemplate any tragedy more difficult for parents to endure than the death of a child,” Fisch said in a statement. “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 Jonathan’s 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,” Fisch said.

Other findings in the report include:

-- The CQC misrepresented the extent of its work to the state Senate, the governor, the inspector general and Michael and Lisa Carey.
-- OMRDD “generally conducted an adequate review and gave follow-up assistance to the Anderson School to correct problems.” But the agency did not fully address potential violations by the school in the neglect and maltreatment of Jonathan.
-- OMRDD was deficient in its communications with the Careys and provided inaccurate or misleading information to the governor.

Gov. David Paterson has proposed legislation that would improve the safety of children in residential programs. It would define certain behaviors, such as kicking, biting or withholding food, as abuse, even if they did not injure a child.