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State audit finds Office of Mental Health not adhering to notification law

An audit finds that New York's Office of Mental Health isn't complying with a state law requiring notifications to parents or guardians when a patient is injured or mistreated in a state-regulated institution.

The report released by the office of Comptroller Thomas DiNapoli examined eight mental health facilities and determined officials aren't doing enough to ensure facilities notify loved ones and often fail to provide requested information to parents or guardians in a timely manner.

DiNapoli said mental health officials must do more to ensure that parents and family members aren't "kept in the dark" about the welfare of their loved one.

Jonathan’s Law can only help prevent tragedies if abuse and mistreatment in mental health facilities is properly reported and actions are taken," he said. "State officials must do more to ensure facilities are meeting requirements.”

Jonathan’s Law was enacted in 2007 to expand families' access to records relating to incidents involving family members residing in OMH facilities. Reportable incidents involve abuse or neglect, as well as incidents that may result in or have the potential to result in harm to the health, safety or welfare of a patient.

The agency disputed the audit's findings in its formal response and in a statement said patient safety is its top priority.

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