Carey wants abuse law refined

"They blocked him in his room and were not feeding him," said Carey. "That was going on for days."

Jonathan's treatment at Anderson was investigated at the end of 2004 by the state Office of Mental Retardation and Developmental Disabilities, with three different letters being sent out on Dec. 20.

The letter from OMRDD officials to the Careys states: "The investigation substantiated many of your complaints." Another letter sent out that day by OMRDD to the Anderson School tells school officials that they have "substantiated improper treatment" and urged the school to take "immediate action to rectify the problem." A third letter that same day from the state Commission on Quality Care, which oversees OMRDD, to the Anderson School chairman of the board states "the Commission completed their recommendation and recommended to the state Central Registry that Jonathan was unharmed and the complaint unfounded."

The CQC based its findings on the state social services definition of abuse, a standard Michael Carey is hoping the state will eventually replace with the same standard of abuse used by police agencies.

Gary Masline, a spokesman for the CQC, said the agency is required to make its recommendations based on the provisions of the state social services standards.

"If it doesn't measure up to that high standard of abuse, it has to be measured as unfounded by law," said Masline. "Under OMRDD standards, yelling at a child can be viewed as abuse. Under social services law, it is not."

Masline further stated that Jonathan was not being starved while at the Anderson School.

"They were providing him with alternative meals," he said. "They weren't starving the boy."

In a findings report addressed to Neil Pollack, director of the Anderson School, dated Feb. 14, 2005, and provided by the CQC, one of the investigators of the Anderson School incident said that Jonathan's updated "support plan," though not comprehensive, indicated that if he refused his regular meals, "the staff will offer Jonathan a nutritional supplement at the end of meal time."

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