Mental health facilities have failed to ensure parents and guardians are properly notified of abuse and neglect, an audit released Friday by Comptroller Tom DiNapoli’s office found.

A 2007 law named for Jonathan Carey, who died while in the care of a state facility, required the expansion of access to records relating to abuse and neglect incidents for parents, including physical, sexual or psychological.

“Vulnerable patients are at greater risk when their parents and family members are kept in the dark,” said DiNapoli. “Jonathan’s Law can only help prevent tragedies if abuse and mistreatment in mental health facilities is properly reported and actions are taken. State officials must do more to ensure facilities are meeting requirements.”

The audit, which covered a period of April 2015 through Jan. 9, 2019, reviewed eight of the 24 mental health facilities managed by the Office of Mental Health. Four were operated by the state and four facilities were under the operation of licensed providers.

The audit found the Office of Mental Health did not implement processes that effectively monitor whether the state or privately run facilities are complying the law’s requirements.

Facilities do have established practices for notifying parents or guardians within 24 hours, but 20 percent of the incidents reviewed showed a lack of support showing that the required notification had been made.

And the facilities do not provide all records to parents or guardians when requested on a consistent basis.

DiNapoli’s office recommended the OMH add reporting actions to comply with Jonathan’s Law and have the office track efforts to meet the requirements. The audit also recommended the office provide updated guidance to their facilities to remind them of what is required under the law.