Research


New York State Office of Mental Health Office of Counsel Legal Files


Some content may contain outdated and offensive terminology. See: New York State Archives Statement on Language in Descriptive Resources


Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:
These files were generated by the Department of Mental Hygiene's Office of Counsel, which acts as such to both the Commissioners of Mental Health and People with Developmental Disabilities. The bulk of the files document claims, legal suits, and grievances filed against the state and/or the department and contracts and agreements entered into by the department. Records include claim documentation, motion papers, affidavits, opinions, orders of dismissal, releases, grievances, contracts and agreements.
Creator:
Title:
Office of Mental Health Office of Counsel legal files
Quantity:

122 cubic feet

Inclusive Dates:
1972-1986
Series Number:
12045

Arrangement

Alphabetical by contract or claimant's last name within each subseries.

Organized into 6 subseries: 1. Hostel Contact Files; 2. Court of Claims Files; 3. Litigation Files; 4. Purchase of Service Contracts; 5. Developmental Disabilities Act Contracts; and 6. Miscellaneous Contracts.

Administrative History

Under the provisions of Chapter 978 of the Laws of 1977 the Department of Mental Hygiene was reorganized into three autonomous offices: the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities (later Office for People with Developmental Disabilities), and the Office of Alcoholism and Substance Abuse.

Scope and Content Note

These files were generated by the department's Office of Counsel which acts as such to both the Commissioners of Mental Health and Office for People with Developmental Disabilities. The bulk of the files deal with claims, suits, and grievances filed against the state and/or the department and with contracts and agreements entered into by the department. The claims filed against the state deal with such issues as misuse of drugs, malpractice, accidental deaths, automobile accidents, unlawful retention of individuals in department facilities, and staff firings. The contracts and agreements pertain to the purchases of services by the department from other mental health related agencies and non-profit organizations (these include pre-vocational training programs, transportation and recreational services); the Developmental Disabilities Act through which the department supervised the disbursal of federal funds to non-profit organizations such as the New York State Association for Retarded Children; hostels such as Vanderhyden Hall and Unity House of Cayuga County; and mortgage modifications.

Most of the series consists of legal case files that include claims, motion papers, affidavits, opinions, orders of dismissal, releases, grievances, contracts and agreements. The series also includes a small amount of incoming and outgoing correspondence and memoranda.

12045-92A: This accretion consists primarily of subject files, administrative law proceedings, and a small number of court cases. Subjects include abandoned property; clinic treatment programs; family care; developmental disability funded programs; medicaid claims; site selection; and termination of parental rights. There are files on the establishment, investigation, and operation of adult centers; surveys, transcripts, exhibit and other appeal materials relating to facilities disallowance (of funds under the Social Security Act); materials on rate appeal hearing proceedings (to raise per diem rates for clinical care and residential community costs); and administrative hearings transcripts, notes, internal memorandums, exhibits, and state's evidence for cases relating to suspension of operating certificates to family care providers.

Related Material

B2457 New York State Office of Mental Retardation and Developmental Disabilities Office of Counsel Legal Files contains related records.

Other Finding Aids

Available at Repository

Container lists are available at the repository.

Access Restrictions

Restricted in part in accordance with Section 33.13 of the New York State Mental Hygiene Law relating to confidentiality of clinical records. Access to restricted records is permitted under certain conditions upon approval by the Office of Mental Health.

Access Terms

Corporate Name(s):
Geographic Name(s):
Subject(s):
Genre(s):
Function(s):

Detailed Description

Dates Contents Box Folder

Accretion: 12045-84A
Committee on Standards Part 51 1 1
Confidentiality of Alcohol and Drug Abuse Patients' Records §1245 Policy Manual 1 2
1977 Freedom of Information 1 3
1976 Freedom of Information 1 4
1974 Freedom of Information 1 5
Half-Way House 1 6
1978 Freedom of Information 1 7
HFA 1 8
HFA of Capital Dist. (Housing Finance) 1 9
Health Advocates, Inc. 1 10
Immunity (Granted to Employees) 1 11
David Lempert 1 12
General Order No. 10 (Part 22 of Regs) 1 13
HFA Status 1 14
PROCEDURES - Moreland Act Commission on Nursing Homes and Residential Facilities 1 15
Our Brothers Place Sponsoring Fellowship, Inc. 1 16
Metropolitan Hospital 1 17
Mercy Hospital - Watertown, NY 1 18
Agreements - Part 4 1 19
Loose Correspondence 1 20
Interdepartmental Correspondence 1 21
Nurses 1 22
Price Waterhouse and Co. 2 1
Zoning - Other States 2 2
C-116110 Cardinal McCloskey School & Home for Children 2 3
NYS School of Industrial and Labor Relations at Cornell University 2 4
Dutchess County Transitional Living Facility (C-155338) 2 5
Epilepsy Foundation - Hudson Valley Inc. 2 6
Essex County Mental Hygiene Assoc., Inc. P.L. 487 2 7
First Presbyterian Church Halfway House for Mentally Disabled Adults 2 8
Client/Resident Voting Manual 2 9
Correspondence 2 10
Memorandum 2 11
Public Health Service Contract 2 12
Fred R. Rosenthal (C. for Felix Soto) 2 13
Homecare from Contract 2 14
1979-1980 Department of Social Services Title 20 2 15
1978 Special Prosecutor for Nursing Homes Grand Jury Investigation 2 16
Dr. Jacquet Investigation at Rockland Research Institute OMH Subject Matter File 2 17
OMH - Part 508 - Public Access Records 2 18
George R. Sullivan (Miscellaneous)) 3 1
Maurice Schwadron 3 2
Sargent Street Better Homes, Inc. 3 3
Research Foundation for Mental Hygiene, Inc. Computer Programming Service at Rockland P.C. 3 4
Putnam County Mental Health, Mental Retardation & Alcoholism Amendment to C-109310 3 5
"314" Contract - P.L. 487, 79 Cong. Roy Minard 3 6
1977 January - May Correspondence 3 7
New Jersey State Psych Hosp. Staffing Standards and Needs 3 8
OMH - HEW Civil Rights and Rehabilitation Act Compliance Review 3 9
HEW Compliance Review 3 10
Alcoholism Consent for Minors 3 11
Alcoholism 3 12
Challenge Industries, Inc. 3 13
DMH/Research Foundation for M. HY Effects of Anti-Parkinson Agents on Blood Neuroleptics 3 14
St. Regis Indiana Contract 3 15
State University of New York 3 16
Immigration 3 17
Community Residences Site Selection 4 1
Rao, Ledesme Taketoma - Visa Case 4 2
Peterson, Robert - Gowanda P.C. 4 3
C. Tobin, Charles III 4 4
Pilgrim PC/Jay Plastics 4 5
Custodial Agreement 4 6
Niagara Memorial Hospital 4 7
Correspondence 4 8
CSS Contracts 4 9
Subpoena Powers 4 10
1980-1981 Office of Mental Health Children & Youth Services - Budget Request Policy Advice 4 11
1980-1981 Office of Mental Health - Forensic Services - Budget Request Polict Advice 4 12
1980-1981 Office of Mental Health - Research in Mental Illness Budget Request Policy Advice 4 13
Summary of Findings and Recommendations 4 14
Torseney File 4 15