N.Y. Laws » CHAPTER Mental Hygiene / TITLE Developmental Disabilities Act / ARTICLE Office For People With Developmental Disabilities
New York Consolidated Laws

N.Y. Mental Hygiene Law § 13.01 (2026)

Declaration of policy

✓ current as of May 2026
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§ 13.01 Declaration of policy.
  The state of New York and its local governments have a responsibility
for the prevention and early detection of developmental disabilities and
for the comprehensively planned provision of services including care,
treatment habilitation and rehabilitation of their citizens with
developmental disabilities.
  Therefore, it shall be the policy of the state to conduct research and
to develop programs to further the prevention and early detection of
developmental disabilities; to develop a comprehensive, integrated
system of services which has as its primary purposes the promotion and
attainment of independence, inclusion, individuality and productivity
for persons with developmental disabilities; to serve the full range of
needs of persons with developmental disabilities by expanding the number
and types of community based services and developing new methods of
service delivery; and to improve the equity, effectiveness and
efficiency of services for persons with developmental disabilities by
serving persons in the community as well as those in developmental
centers, by improving the conditions in developmental centers, and by
establishing accountability for carrying out the policies of the state
with regard to such persons.
  To accomplish these goals and meet the particular needs of individuals
with developmental disabilities, a new autonomous agency to be known as
the office for people with developmental disabilities has been
established. The office and its commissioner shall plan and work with
local governments and voluntary organizations and all providers of
services, and individuals with developmental disabilities and their
families and representatives, to develop an effective, integrated,
comprehensive system for the delivery of all necessary supports and
services to all individuals with developmental disabilities and to
create financing procedures and mechanisms to support such a system of
supports and services to ensure that all individuals with developmental
disabilities in need of supports and services receive appropriate and
timely supports and services close to their families and community. In
carrying out these responsibilities, the office and its commissioner
shall make full use of existing services in the community, including
those provided by voluntary and other service organizations, and within
annual amounts made available shall add in-home, residential and day
service and support capacity, to address the needs of individuals with
developmental disabilities.
  Any provisions of this article which explicitly or implicitly apply
to, or reference, persons who are mentally retarded, shall be deemed to
apply to, or reference, persons with developmental disabilities.
Notes of Decisions
Cited in 10 cases, 1983–2010 · leading case: City of New York v. Maul, 929 N.E.2d 366 (N.Y. 2010).
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City of New York v. Maul, 929 N.E.2d 366 (N.Y. 2010). “” As to OMRDD, plaintiffs allege that agency violated title II of the ADA and its implementing regulations; section 504 of the Rehabilitation Act; and Mental Hygiene Law §§ 13.01 and 33.03. . Foster care may continue until an individual reaches 21 years of age (see Family Ct Act…”
In re Ronald W., 25 A.D.3d 4 (N.Y. App. Div. 2005). · cites it 3× “” Based on this grant of authority the Legislature created State OMRDD, an autonomous agency within the Department of Mental Hygiene (Mental Hygiene Law § 13.01). Mental Hygiene Law § 13.”
In re the Guardianship of Mark C.H., 28 Misc. 3d 765 (N.Y. Sur. Ct. 2010). “(c) The Government’s Interest, Including the Function Involved and the Fiscal and Administrative Burdens That the Additional Procedural Requirements Will Entail The policy of the State, enunciated by the Legislature, is “the promotion and attainment of independence, inclusion,…”
Soc'y for Good Will to Retarded Child., Inc. v. Cuomo, 572 F. Supp. 1300 (E.D.N.Y 1983). “978, § 11, N.Y. Mental Hygiene Law § 13.01 . See also N.”
Hill v. Taconic Developmental Disabilities Servs. Off., 181 F. Supp. 2d 303 (S.D.N.Y. 2002). “N.Y. Mental Hyg. Law § 13.01 . The Taconic DDSO is a facility operated by OMRDD.”
Ramapo Homeowners' Ass'n v. New York State Off. of Mental Retardation, 180 F. Supp. 2d 519 (S.D.N.Y. 2002). “(citing N.Y. Mental Hygiene Law § 13.01 ). Accordingly, the OMRDD may not be sued in federal court, and the Association’s claims against it must be dismissed.”
Hagan v. Nixon, 109 A.D.2d 380 (N.Y. App. Div. 1985). “Mental Hygiene Law § 13.01 is a “declaration of policy” which sets forth a statement of goals regarding meeting the needs of the mentally retarded and developmentally disabled.”
DiScala v. Facilities Dev. Corp., 180 Misc. 2d 355 (N.Y. City Civ. Ct. 1998). · cites it 3× “*362 A review of the applicable statutes, done in an attempt to unravel this matter, reveals that the Office of Mental Retardation and Developmental Disabilities is established by title C of the Mental Hygiene Law (Mental Hygiene Law § 13.01 et seq.). Pertinent to the current…”
In re the Guardianship & Custody of W.W. Child., 110 A.L.R. 5th 769 (N.Y.C. Fam. Ct. 2001). “(Mental Hygiene Law §§ 13.01, 13.07.) Therefore, the court concludes that the agency never considered the reunification of this respondent with her children, and from the evidence that determination was made without any consideration of whether the respondent was an appropriate…”
Bodaness v. Staten Island Aid, Inc., 144 Misc. 2d 245 (N.Y. Sup. Ct. 1989). “The declared purpose of these rules and regulations is to provide the mentally retarded with programs most conducive to their personal growth (Mental Hygiene Law § 13.01). Thus, Bodaness is not within the class of persons which the statute seeks to protect (see, Prosser, Torts §…”
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