Relates to persons with developmental disabilities

Section 31 of the bill would make a technical correction to the MHL §29.29, repealing subdivision (6), which has no text.

Section 48 of the bill would amend Chapter 455 of the Laws of 2007 to clarify the language to be used in reference to people with developmental disabilities when new and revised statutes, local laws, ordinances, charters or regulations are promulgated or published.

Section 49 of the bill would provide that whenever the former Office of Mental Retardation and Developmental Disabilities is referred to in laws, contracts and other documents such references will be deemed to refer to the Office for People With Developmental Disabilities or the Commissioner thereof.

Section 50 of the bill would provide that no existing right or remedy of any character would be lost, impaired or affected by reason of this bill.

Section 51 of the bill would provide for a severability clause.

Section 52 of the bill would provide for an immediate effective date.

Existing law

Article 13 of the MHL establishes the Office of Mental Retardation and Developmental Disabilities within the Department of Mental Hygiene.

Chapter 455 of the Laws of2007 requires the use of "person-centered" language, such as "individuals with developmental disabilities."

Justification

The name change provided for by this bill reflects the growing consensus among individuals with developmental disabilities, parents, providers and other stakeholders that the use of "person-centered" language is important when referring to persons with disabilities, including persons who have developmental disabilities. Instead of referring to the "mentally retarded," it is more appropriate to refer to such individuals as "people with developmental disabilities" so that the person is emphasized and not the disability. Moreover, the name change provided for by this bill reflects the reality that the term "mental retardation" is attached to a significant stigma and has negative connotations. It is appropriate for the agency's name to reflect a "person-centered" philosophy, to reflect the shift away from the use of the term "mental retardation," and to demonstrate support of the respect and dignity of individuals with developmental disabilities.

The name "Office for People With Developmental Disabilities" was chosen with input from self-advocates, parents, providers and other stakeholders. This name change would clarify that the agency serves persons with all types of developmental disabilities and conditions, not just individuals with mental retardation.

Additionally, the changes to Chapter 455 of the Laws of2007 regarding the appropriate language to be used in reference to persons with developmental disabilities is consistent with the overall purpose of this legislation, to avoid the negative overtones associated with "mental retardation" and to reinforce the use of person-centered language whenever possible. As State and local laws, regulations and publications are written or revised, use of the term "mental retardation and mentally retarded" will be removed except for clinical purposes as defined in the mental hygiene law.

Budgetary implications

This bill would have no impact on state finances, as the agency would not change any stationary, signs or other materials bearing its current name until existing stocks are used, and until resources presently available permit.

Effective date

This bill would take effect immediately.