Rights Under the Lanterman
Act
The
Lanterman Act
Chapter 1
This chapter explains the Lanterman Act and how this
law:
• Protects your rights
• Helps you get and pay for the services and
supports you need
• Helps you get Medi‑Cal
This chapter explains the Lanterman Act and how this
law:
• Protects your rights
• Helps you get and pay for the services and
supports you need
• Helps you get Medi‑Cal
Protection and Advocacy, Inc. (PAI) is a private, non-profit organization that
protects the legal, civil, and service rights of Californians with
developmental or mental disabilities. PAI provides a variety of advocacy
services, including information and referral, technical assistance, and direct
representation.
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For help or information, call
PAI: |
800.776.5746 Toll
free! Monday – Friday: 9 a.m. – 5 p.m. |
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1330 Broadway,
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Los
Angeles, CA 90010 |
PAI Office San Diego, CA 92101 |
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Funding for PAI comes from various state and federal programs. PAI provides advocacy services through seven federal laws and two state contracts. The opinions, findings, recommendations or conclusions in this publication are those of the authors. They may not reflect the views of the organizations that fund PAI.
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The
Office of Clients’ Rights
Advocacy (OCRA) is a statewide
office run by Protection & Advocacy, Inc., through a contract with the
California Department of Developmental Services. OCRA employs a Clients’ Rights
Advocate (CRA) at each regional center. The CRA is trained to help protect the
rights of people with developmental disabilities. To find the CRA at your
regional center, see Attachment Z.
To find your regional center,
call OCRA: 800.390.7032 Toll
free!
Chapter 1: The Lanterman
Act
1. What is the Lanterman Act?............................................................................... 1-1
2. Has the California Supreme Court
explained what the State
has to do to follow this law?................................................................................ 1-2
3. Who can receive services under
the Lanterman Act?.......................................... 1-3
4. How does the Lanterman Act serve
and protect the rights of people
with developmental disabilities?.......................................................................... 1-3
5. What are regional centers?............................................................................... 1-5
6. Are regional centers the
same thing as DDS?..................................................... 1-5
7. What are “services and
supports”?.................................................................... 1-6
8. Who provides services and
supports?................................................................ 1-6
9. Does the State look at the
system to see if more services and
supports are needed?....................................................................................... 1-7
10. Does the regional center
provide “preventive services”?....................................... 1-8
11. Does the regional center
provide emergency and crisis intervention services?....... 1-8
12. What happens if crisis
intervention services do not work?.................................... 1-9
13. What happens when children
need emergency services?.................................. 1-10
14. What is Medi‑Cal?.......................................................................................... 1-10
15. Will Medi‑Cal pay for
any of my regional center services?................................. 1-10
16. Will Medi‑Cal pay for
all regional center services?............................................. 1-10
17. Do I have to be a U.S. citizen or
legal resident to get Medi‑Cal?.......................... 1-11
18. Do I have to be poor to qualify for
Medi‑Cal?..................................................... 1-11
19. Do I have to be a U.S. citizen or
legal resident to receive services
from a regional center?................................................................................... 1-11
20. Do I have to be poor to qualify for
regional center services?............................... 1-12
21. Are my regional center records
confidential?.................................................... 1-12
22. Do I have to pay for services?......................................................................... 1-12
23. What is the Family Cost
Participation Program?................................................ 1-14
24. Who has to pay for part of respite,
day care, or camping?................................. 1-14
25. How do I prove my income?............................................................................. 1-14
26. Does the regional center have to
give me information
about the cost participation program?............................................................... 1-15
27. How does the regional center decide
how much I have to pay?........................... 1-15
28. What if I have more than one child
who gets regional center services?................ 1-16
29. Does a family who earns 4 times the
FPL always have to pay?........................... 1-16
30. If the director of the regional
center denies my request to adjust
my cost participation, can I appeal?................................................................. 1-16
31. What if the regional center made a
mistake in calculating
my cost participation?..................................................................................... 1-17
32. How can I learn more about my
rights under the Lanterman Act?........................ 1-17
At the end of this chapter, you will also find these special pages (called supplements) that can help you:
Supplement A: Common Terms and Abbreviations
Supplement B: Your Rights Under the Lanterman Act
Supplement C:
Supplement Y: Regional Centers in
Supplement Z: Advocates to Help Consumers at each
Supplement AA: State Council on Developmental Disabilities and Area Board Offices
Supplement BB: Developmental Center Clients’ Rights Advocates and Volunteer Advocacy Service Coordinators
Supplement CC: Regional Resource Development Projects
The Lanterman Act
This chapter explains the Lanterman Act, the
We
also explain how the Lanterman Act:
• Protects
your rights
• Helps
you get and pay for the services and supports you need
• Helps
you get Medi‑Cal
You
may have to refer to the law to get the services you need. When you see
§ 4512(a), for example, it means that information comes from the Lanterman Act,
section (§) 4512, part a.
The Lanterman Act[1] is the California
law that gives people with developmental disabilities the right to the services
and supports they need to live a more independent and normal life. The Act is
part of the California Welfare and Institutions Code, starting at § 4500 – §
4905.[2] If you want to read
the Lanterman Act, go to: www.dds.cahwnet.gov/statutes/laws_main.cfm
The law says that it is very important that each person get the services and supports that meet their needs and choices.[3] The Act recognizes that people with developmental disabilities may need help to live full, productive lives.
Here is what the Legislature said:
“An array of services and supports should be established which is
sufficiently complete to meet the needs and choices of each person with
developmental disabilities, regardless of age or degree of disability, and at
each stage of life, and to support their integration into the mainstream life
of the community.” [4]
The law and this publication use terms and abbreviations that you may not know. Supplement A at the end of this book explains the meaning of these terms.
Yes. In 1985, there was a case called, “Association for Retarded Citizens‑California (ARC) v. Department of Developmental Services (DDS).[5] The California Supreme Court used this case to explain the purposes of the Lanterman Act and the state’s obligations to people with developmental disabilities.
The Court said that the Lanterman Act required that the state provide a “pattern of facilities and services sufficiently complete to meet the needs of each person with developmental disabilities, regardless of age or degree of [disability], and at each stage of life.”
These required services include:
· Identifying people with developmental disabilities,
· Assessing their needs, and
· Selecting and providing services to meet each person’s individual needs.
The Court also explained that the purpose of the law is to:
· Prevent or minimize the number of developmentally disabled people living in institutions and removal from their family and community, and
· Enable people with developmental disabilities to have the same kind of lives as people of the same age without disabilities, and to lead more independent and productive lives in the community.
The Lanterman Act says that the “State of
There are three groups of people who can get services under the Lanterman Act:
· People who meet the Lanterman Act’s definition of developmental disability in the Lanterman Act,[6] including people with a substantial disability because of their cerebral palsy, epilepsy, autism, mental retardation, and other conditions closely related to mental retardation or that require similar treatment. (See Chapter 2.)
· People who are at high risk of having a child with a developmental disability. (See Chapter 2.)
· Babies and children under age 3 who are at risk of becoming developmentally disabled. (See Chapter 6, Question 7.)
The Lanterman Act provides for services and protects rights in five ways:
1. The law says a person with a developmental disability has the same rights as other Californians.[7] The law also protects you with other rights, including the right to:
— make choices in your own life,[8]
— have information that you can understand to help you make decisions, and [9]
— receive services and supports under the least restrictive conditions to help you maximize your potential.[10]
(See
Supplement B for more about your rights.)
2. The law says the regional center is the local agency responsible for seeing that you get the services and supports you need. It also tells the Department of Developmental Services (DDS) to monitor the regional centers and make sure that the Act is implemented.[11]
3. The law requires the regional center to develop an Individual Program Plan (IPP) that must be based on your unique needs and living situation.[12] The IPP lists the services and supports that you and the regional center agree you need and choose. The regional center pays for some IPP services. The regional center will assign you a service coordinator. This person will help you get the services listed on your IPP. (See Chapter 4 for more information about IPPs.)
4. The
law gives you ways to enforce your rights, including your right to the services
and supports you need and choose. For example, if you believe that the regional
center was wrong to deny you services, you can ask for a fair hearing or
appeal.[13], [14] (See Chapter 12 for more about fair hearings
and appeals.)
Another way to enforce your rights is through the complaint process – sometimes
called a Section 4731 Complaint.[15] You can file a
complaint if you think the regional center or an agency that provides services
paid by the regional center violates your rights. For example, if you ask for
an IPP meeting and the regional center refuses to schedule one, you can file a
complaint. (See Chapter 12 for more about
the Complaint process.)
5. You can also get access to independent advocacy services for advice or help. These agencies can help you understand and enforce your rights:
• The Office of Clients’ Rights Advocacy (OCRA). Call 1‑800‑390‑7032 or 916‑575‑1615 to find the Clients’ Rights Advocate for your regional center. (Supplement Z is a list of Advocates to help consumers at each regional center and their contact information.)
• Protection And Advocacy, Inc. Call PAI toll‑free: 1‑800‑776‑5746.
• Area Boards on
Developmental Disabilities. (Supplement
AA is a list of Area Board Offices with addresses and phone numbers.)
Area Boards also have Clients’ Rights Advocates and Volunteer Advocacy
Coordinators for people who live in developmental centers. (Supplement BB is a list of Clients’ Rights Advocates and Volunteer
Advocacy Coordinators at all California Developmental Centers.)
Regional centers are private, non‑profit corporations. The regional center is your contact in your community for help getting the services and supports you want and need. With your help, the regional center develops an IPP for you and pays for some of the services in your IPP.
Every regional center client is assigned a service coordinator, also called a case manager or client program coordinator. Your service coordinator helps you get the services listed in your IPP, including services from other agencies, like Medi‑Cal or the school district.[16] If any of the services listed in your IPP are not available elsewhere, the regional center will pay for the services.
There are 21 regional centers in
Supplement Y lists all the regional centers, with
addresses and phone numbers.[18] (See Chapter 3 for
more information about regional centers.)
No. The Department of Developmental Services (DDS) is a state agency. Regional Centers are private, non‑profit agencies under contract with DDS. Regional centers provide some services to people with developmental disabilities, and they make arrangements for others to provide needed services. DDS does not provide services directly.[19]
The Legislature says that DDS “has jurisdiction over the treatment of the laws relating to the care, custody, and treatment of developmentally disabled persons.” While “regional centers” provide developmentally disabled persons with “access to the facilities and services best suited to them through their lifetime.”
Services and supports are the types of help you choose and need to reduce the effects of your developmental disability and to allow you to live a full and productive life in the community. Services and supports help you learn new skills, improve your functioning, and lead an independent, productive, and normal life.[20]
For example, you may need occupational therapy to help you swallow so you can be less dependent on your feeding tube for nourishment. Or, you may need training to use the local bus system.
The regional centers and other agencies provide services and supports based on your Individual Program Plan (IPP). Regional centers pay for some services and help you get services and supports from other agencies. Even if a service or support is not specifically listed in the Lanterman Act, you can receive it if you prove that you need it.
See Supplement C or section 4512(b) of the Lanterman Act for a list of services and supports. To learn more about services and supports, see Chapters 6, 7, 8, and 13 of this manual.
Most of the services and supports talked about in this manual are paid for by the Department of Developmental Services (DDS) through the regional centers.
Some services and supports are provided by other agencies, like
· School districts,
· Department of Rehabilitation,
· Medi‑Cal or Medicare,
· California Children’s Services (CCS),
· In‑Home Supportive Services (IHSS), and other agencies.
Services and supports that are available to the public through publicly funded agencies are called “generic” services.[21] You may need the regional center to coordinate services or provide advocacy to help you get “generic” services. See chapters 4 and 5 of this manual to learn about the regional centers’ coordination and advocacy obligations.
“Natural” supports are the types of help you get for free from family, friends, neighbors, and others in your community. Services paid for by the regional center – like independent living or supported living services – can help you develop, strengthen, or expand your natural supports. (See Chapter 6, Question 15.)
Yes. Every five years, the State Council on Developmental Disabilities must assess the kinds and amounts of services and supports needed that are not currently available. The “needs assessment” must report on the need for new, expanded, or converted community services and supports. Their assessment must examine how any gaps in availability of services impact consumers in certain groups, for example, people with a certain disability, age, ethnicity, challenges, and geographical location. It must also highlight alternative and innovative service delivery models to address consumer needs. The needs assessment must be updated every year.
The State Council’s needs assessment is based on information provided by all regional centers, and may also include information from other sources, including:
· Public hearings,
· Life quality assessments (required under § 4570),
· Annual reports on people moving out of developmental centers (required under § 4418.1),
· Annual reports on community‑based vendor services (required under § 4637.5),
· Regional center reports on alternative service delivery submitted to DDS as required by § 4669.2, and
· Annual reports on self‑directed services as required by § 4685.7.
These assessment and reports are included in the Council’s state plan, and sent to DDS and the Legislature. In addition, the State Council consults with DDS and makes recommendations to the Department of Finance about the amount of funding to be included in the Governor's Budget for program development, based on the needs assessment.[22] These documents are available to the public.
A special fund, called the Developmental
Disabilities Program Development Fund, provides some of the resources needed to
start new programs, and to expand or convert existing programs. Money for the
fund comes from fees collected from families whose children are placed outside
the home. The fund supports programs that promote integrated residential, work,
instructional, social, civic, volunteer, and recreational services and supports
that increase opportunities for self‑determination and maximum
independence of persons with developmental disabilities.[23] This is consistent
with the approved priorities for program development in the State Council State
Plan. This fund is financed from fees collected from families whose children
are placed outside the home.
Yes. You can qualify for preventative services under the state law (Lanterman Act, § 4644) or under federal law (Individuals with Disabilities Education Act (IDEA), Part C). The state law says that parents with a high risk of having a child with developmental disabilities can receive services to help prevent developmental disabilities.[24] This includes prenatal services (during pregnancy) and perinatal services (around the time of birth), as well as genetic testing. The regional centers will help eligible future parents to get this type of services from generic agencies.[25]
Under state and federal law, “at‑risk” babies can also get services to prevent developmental disabilities, or to reduce the severity of their disability. The regional center can follow a child’s development in the early years of life and help the parents get the services the child needs to prevent a developmental disability, including specialized medical services.
Most services for children under age three are covered by Part C of the federal IDEA.[26] (See Chapter 6, Question 7.)
If you have children under three, read Chapter 12 of Special Education Rights and Responsibilities. It covers Part C services, and is available from PAI. Ask for PAI Publication 5040.01.