New York Consolidated Laws

N.Y. Mental Hygiene Law § 13.07 (2026)

Office for people with developmental disabilities; scope of responsibilities

✓ current as of May 2026
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§ 13.07 Office for people with developmental disabilities; scope of
          responsibilities.
  (a) The office for people with developmental disabilities shall assure
the development of comprehensive plans, programs, and services in the
areas of research, prevention, and care, treatment, habilitation,
rehabilitation, vocational and other education, and training of
individuals with developmental disabilities. Such plans, programs, and
services shall be developed by the cooperation of the office, other
offices of the department where appropriate, other state departments and
agencies, local governments, community organizations and agencies
providing services to individuals with developmental disabilities, their
families and representatives. It shall provide appropriate facilities,
programs, supports and services and encourage the provision of
facilities, programs, supports and services by local government and
community organizations and agencies.
  (b) It shall advise and assist the governor in developing policies
designed to meet the needs of persons with developmental disabilities
and encourage their full inclusion and participation in society.
  (c) The office shall have the responsibility for seeing that persons
with developmental disabilities specified in the foregoing subdivision
are provided with services including care and treatment, that such
services are of high quality and effectiveness, and that the personal
and civil rights of persons receiving such services are protected. The
services provided shall seek to promote and attain independence,
inclusion, individuality and productivity for persons with developmental
disabilities.
  (c-1) 1. In carrying out the responsibilities identified in
subdivision (c) of this section, the office shall ensure that
applications for eligibility determinations and service authorizations
are processed in a timely manner. The office shall complete processing
of the application within a processing period of one hundred twenty days
of receipt of such application transmitted via the internet or
electronic mail.
  2. Where the application is not reasonably clear or omits required
information, or where the office reasonably suspects fraud based on
specific information available to the office, the office shall notify
the applicant in writing within thirty calendar days of the receipt of
such application and request the specific information needed to process
such application. Provided, however, that the processing period shall be
tolled from the date of notice to the applicant to the date of receipt
of the complete application by the office.
  3. Upon receipt of the information requested in paragraph two of this
subdivision, the office shall complete processing of the complete
application within the remaining days of the processing period.
  (d) The office shall foster programs for the training and development
of persons capable of providing the foregoing services.
  (e) Consistent with the requirements of subdivision (b) of section
5.05 of this chapter, the office shall carry out the provisions of
article thirty-one of this chapter as such article pertains to
regulation and quality control of services for persons with
developmental disabilities.
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1983–2026 · leading case: City of New York v. Maul, 929 N.E.2d 366 (N.Y. 2010).
City of New York v. Maul, 929 N.E.2d 366 (N.Y. 2010). “1 OMRDD is a state agency responsible for “the development of comprehensive plans, programs, and services” for “persons with mental retardation and developmental disabilities” (Mental Hygiene Law § 13.07 [a]). The City of New York, by ACS’s Commissioner, originally commenced…”
In re the Guardianship of Mark C.H., 28 Misc. 3d 765 (N.Y. Sur. Ct. 2010). “The Office of Mental Retardation and Developmental Disabilities is charged with carrying out this policy, including ensuring that the “personal and civil rights [of the persons it serves] are protected” (Mental Hygiene Law § 13.07 [c]). New York has thus recognized both…”
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.”
In re Ronald W., 25 A.D.3d 4 (N.Y. App. Div. 2005). “[for these individuals] close to their families and community” (Mental Hygiene Law § 13.01). Mental Hygiene Law § 13.”
City of New York v. Maul, 59 A.D.3d 187 (N.Y. App. Div. 2009). “and Developmental Disabilities (OMRDD) has the responsibility, pursuant to the Mental Hygiene Law, to “assure the development of comprehensive plans, programs, *188 and services in the areas of research, prevention, and care, treatment, habilitation, rehabilitation, vocational…”
Burkhart v. People, Inc., 129 A.D.3d 1475 (N.Y. App. Div. 2015). “t to a hospital or nursing home, the group home owned and operated by defendant is governed by the Mental Hygiene Law and regulated by the Office for People with Developmental Disabilities (OPWDD), and operates pursuant to a certificate issued by the Commissioner of OPWDD (see…”
Philip v. New York Foundling, 2026 NY Slip Op 30958(U) (N.Y. Sup. Ct., New York Cty. 2026). · cites it 3× “ary judgment dismissing the wrongful death cause of action insofar as asserted against it, so much of the common-law negligence cause of action insofar as asserted against it as was predicated on its alleged failure to maintain its premises in a safe condition, and so much of…”
In re Terry, 151 Misc. 2d 48 (N.Y.C. Fam. Ct. 1991). “(Mental Hygiene Law § 13.07; 14 NYCRR part 687.”
People v. Santos, 127 Misc. 2d 63 (N.Y. Sup. Ct. 1985). “The mandate of OMRDD and the duties and responsibilities of the Commissioner of OMRDD are set *67 forth fully in Mental Hygiene Law §§ 13.07 and 13.09, respectively.”
Matter of Mental Hygiene Legal Serv. v. Delaney, 2019 NY Slip Op 6119 (N.Y. App. Div. 2019). · cites it 2× “Turning to petitioner's statutory claims, [FN8] the third cause of action asserts that OPWDD violated its duty to protect the child's personal and civil rights by failing to provide her with needed services ( see Mental Hygiene Law § 13.07 [c]). The fourth cause of action claims…”
Matter of Developmental Disabilities Inst., Inc. v. New York State Off. for People with Dev.al Disabilities, 2023 NY Slip Op 01218 (N.Y. App. Div. 2023). “are provided with services including care and treatment" and that "the personal and civil rights of persons receiving such services are protected" (Mental Hygiene Law § 13.07 [c]). Accordingly, even accepting that an alternate interpretation of the regulatory language could be…”
Burkhart, Nancy v. People, Inc. (N.Y. App. Div. 2015). “” In contrast to a hospital or nursing home, the group home owned and operated by defendant is governed by the Mental Hygiene Law and regulated by the Office for People with Developmental Disabilities (OPWDD), and operates pursuant to a certificate issued by the Commissioner of…”
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