§ 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 […]
§ 13.17 Programs, services, and operations in the office for people with developmental disabilities. (a) The commissioner shall establish policy and procedures for the organization, administration, and service delivery system under his or her jurisdiction and shall make provision for the effective rendition of supports and services to individuals with developmental disabilities. (b) There shall […]
§ 13.19 Personnel of the office; regulations. (a) The commissioner may, within the amounts appropriated therefor, appoint and remove in accordance with law and applicable rules of the state civil service commission, such officers and employees of the office for people with developmental disabilities as are necessary for efficient administration. The commissioner shall, in exercising […]
§ 13.21 Directors of state operations offices and developmental disabilities regional offices in the office for people with developmental disabilities. (a) The directors of both the state operations offices and developmental disabilities regional offices in the office for people with developmental disabilities shall be appointed by the commissioner. Each such director shall be in the […]
§ 13.23 Education and training programs. (a) The commissioner shall have the power to establish such programs of training and education related to developmental disabilities as he shall deem desirable. (b) The director of each facility with the approval of the commissioner may establish and supervise training and education programs for employees. Directors of facilities […]
§ 13.24 Sheltered workshops, work activity and day training services. 1. As used in this section, the following terms shall have the following meanings. a. “Sheltered workshops” means a program operated for the purpose of providing sheltered employment to persons with developmental disabilities. b. “Work activity and day training services” means pre-vocational activities defined by […]
§ 13.25 Safety. (a) The commissioner and the directors of facilities under his or her jurisdiction may designate safety officers to act as special police officers whose duty it shall be, under orders of the appropriate officer, to preserve peace and good order in such facilities and to fully protect the grounds, buildings, and patients. […]
§ 13.27 Facility services. (a) Chapels. The commissioner may permit any religious or missionary corporation or society or combination of such corporations and societies to erect a building on the grounds of any facility in the office for the holding of religious service, to be used exclusively for the benefit of the patients and employees […]
§ 13.29 Gifts. (a) The commissioner, on behalf of the state and if in the public interest, shall accept, hold in trust, administer, apply, execute, or use gifts, devises, bequests, grants, powers, or trusts of personal or real property made to the state, the office for people with developmental disabilities, a facility within the office, […]
§ 13.31 Disposition of moneys and securities. (a) The commissioner, or the officer or employee of the office designated by him or her, shall: 1. Receive and turn over to the comptroller for liquidation all bonds, notes, mortgages, trust funds, and other securities and obligations belonging to the office for people with developmental disabilities or […]
§ 13.33 Boards of visitors. (a) Each state operations office under the jurisdiction of the commissioner shall have a minimum of one board of visitors consisting of at least seven but not more than fourteen members. Members appointed or reappointed after the effective date of this chapter shall be appointed by the governor, by and […]
§ 13.34 On-site client advocacy in developmental centers. 1. There shall be at each developmental center facility listed in section 13.17 of this article, an ombudsman who shall be an employee of the justice center for the protection of people with special needs under article twenty of the executive law and who shall be responsible […]
§ 13.35 Actions against persons rendering professional services at the request of the office; defense and indemnification. The provisions of section seventeen of the public officers law shall apply to any physician, dentist, psychologist, nurse, optometrist, licensed master social worker, or licensed clinical social worker, licensed to practice pursuant to the education law, who is […]
§ 13.37 Powers of the office and commissioner in relation to the planning and referral of children with developmental disabilities for adult services. (a) As used in this section: 1. “report” means a report submitted to the office pursuant to subparagraph five of paragraph b of subdivision one of section forty-four hundred two of the […]
§ 13.37-a Transitional care. (a) For purposes of this section, “transitional care” shall mean care and maintenance of persons: 1. who were placed in foster care by a social services district pursuant to article six of the social services law and who have become twenty-one years of age, or who were placed in a residential […]
§ 13.38 Additional duties of the office with respect to persons receiving transitional care. (a) The office shall, in consultation with the department of social services, the education department, the office of mental health, and the council on children and families, develop a plan and implement procedures to help assure that all persons who are […]
§ 13.39 Registration and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations. (a) Notwithstanding any other law, rule or regulation, the executive director, chairperson or president of a voluntary, not-for-profit corporation or facility which is subject to the jurisdiction of the office for people with developmental disabilities shall furnish […]
§ 13.40 People first waiver program. (a) The commissioner and the commissioner of health shall jointly establish a people first waiver program for purposes of developing a care coordination model that integrates various long-term habilitation supports and/or health care. The people first waiver program shall include the use of developmental disability individual support and care […]
* § 13.41 Integrated employment plan. (a) The commissioner, in consultation with the developmental disabilities advisory council, shall establish a plan to increase employment opportunities for people with developmental disabilities. The plan shall include, but not be limited to: (1) identification of strategies to increase competitive employment opportunities for individuals with developmental disabilities, including students […]
* § 13.41 Retaliatory personnel actions. Employees of facilities, programs and providers operated, licensed, certified, authorized or funded by the office shall have protection from retaliatory action from employers as provided for in sections seven hundred forty and seven hundred forty-one of the labor law. * NB There are 2 § 13.41’s
