On March 18, 2016, U.S. District Court Judge Gary Sharpe ruled that the Cuomo administration and New York’s Justice Center must disclose records related to the abuse of disabled and mentally ill patients in the State’s care. Disability Rights New York (DRNY) has requested records involving disabled youths and adults who were allegedly abused, on multiple occasions but all of the requests were denied.
The plaintiff, DRNY, is an organization that advocates for the protection of the civil and legal rights of people in New York with disabilities. They have the obligation to investigate the abuse of individuals with mental illness and developmental disabilities. To fulfil that obligation, DRNY wanted to see the full investigative reports that New York Justice Center completed, including the names of staff accused of committing abuse or neglect, names of those who filed complaints, and clinical records. The Justice Center is a New York State run state agency established to protect people with special needs from mistreatment, and often investigates abuse allegations throughout the state.
During the trial, the Justice Center argued that it should be allowed to redact information such as names and details in clinical records before handing over records. The Judge disagreed, and stated that if the Justice Center did not turn over the records or provided records that were redacted information, DRNY’s mandate to advocate for disabled New Yorkers would be impeded.
Taking proper care of the disabled and elderly in our society who depend on us is of the utmost importance. If you have questions about the care of a disabled or elderly loved one, contact an experienced New York elder law attorney who can help. For more information, contact Hobson-Williams, P.C. at (718) 210-4744 for the quality representation that you deserve.