RIGHTS UNDER THE LANTERMAN ACT

Chapter Two
Developmental Disabilities

· What are Developmental Disabilities?

· Who is Eligible for Regional Center Services?

· How Can I Show I Am Eligible for Regional Center Services?

Young girl hugging a woman with a disability

Written by: PROTECTION AND ADVOCACY, INC.
Publication #5063.01 – English
Copyright © 1983 by PAI - REVISED EDITION 2006

Protection and Advocacy, Inc. (PAI), is a nonprofit agency that works with people with disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746
www.pai-ca.org

Central Office 100 Howe Ave., Suite 185-N Sacramento, CA 95825 Legal Unit - (916) 488-9950 Administrative - (916) 488-9955 TTY – (800) 719-5798	Oakland Area Office 1330 Broadway, Suite 500 Oakland, CA 94612 Tel. - (510) 267-1200 TTY – (800) 649-0154
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PAI receives funding from a variety of state and federal programs, providing advocacy services to people with disabilities under seven federal statutes and two state contracts. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

OCRA

Toll Free: (800) 390-7032

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 a person trained to help protect the rights of people with developmental disabilities. Appendix Z lists the Clients’ Rights Advocate for each regional center along with their contact information.

CHAPTER TWO

Developmental Disabilities

· What are Developmental Disabilities?

· Who is Eligible for Regional Center Services?

· How Can I Show I Am Eligible for Regional Center Services?

1. What is a developmental disability according to the Lanterman Act?

Developmental disability means a disability that originates before the age of 18, can be expected to continue indefinitely, and constitutes a “substantial disability” for the individual. Developmental disability includes: (1) mental retardation, (2) cerebral palsy, (3) epilepsy, (4) autism, and (5) disabling conditions that are closely related to mental retardation or conditions that require treatment similar to that required for mental retardation.[1]

On August 11, 2003, the California Legislature changed the law to now require that people have impairments (problems) in at least three of the following areas:

· Self-care;

· Receptive and expressive language;

· Learning;

· Mobility;

· Self-direction;

· Capacity for independent living; and

· Economic self-sufficiency.

Before August 11, 2003, the law did not require impairments in any particular number of areas. If you were found regional center eligible before August 11, 2003, and the regional center now reassesses your eligibility, the regional center must apply the standards that were in place before August 11, 2003. If you became regional center eligible after August 11, 2003, you must show impairments (problems) in at least three of the seven areas listed above. See Question 18 below on substantial disability.

Website Credits: http://www.dds.cahwnet.gov/statutes/LantermanAct_TOC.cfm#html

2. Who is eligible for regional center intake and assessment?

(1) Any person believed to have a developmental disability; (2) any person believed to have a high risk of parenting an infant with a developmental disability; and (3) any infant having a high risk of becoming developmentally disabled may request an intake and assessment. A “high risk infant” means a child who is less than 36 months of age whose history may predict developmental disability.

Website Credits: http://www.dds.cahwnet.gov/statutes/LantermanAct_TOC.cfm#html

3. What else can you tell me about “high risk” children?

As stated above, children “at risk” of becoming developmentally disabled and parents at risk of having a child with a developmental disability are entitled to services from regional centers.[2] Signs of a developmental disability are often apparent very early in a child’s life and are described as “delays” in development.

An assessment for a “high risk” infant, or for parents who are at risk of having a child with a developmental disability, is very important and should be pursued.

There are many things that can be done to address early delays, like infant stimulation, and changes in diet and vitamin intake. The number of preventive measures continues to grow as we learn more about how an infant’s mind and body develops. The same range of services and supports are available to “at risk” children and their families as to any other person who is eligible for services.[3]

When the “at risk” child turns three-years old, the regional center will do a new assessment. If the child does not then meet the definition of a developmental disability, that is, the child is not substantially disabled by one of the listed disabilities or conditions, eligibility for regional center services will end. The child may still need special education and other supports, but may no longer be eligible for regional center services. However, if the child meets the regular definition of developmental disability, he or she will continue as a regional center client. If there is a disagreement, the child’s representative can file for an administrative hearing. See Chapter 12.

At the age of three, most children move into the school system. An Individual Education Plan (IEP) must be completed to assure a smooth transition from the regional center into the school system as the main provider of services. For more about moving into the school system, ask PAI or OCRA for Chapter 12 of our Special Education Rights and Responsibilities, publication number 5040.01, or download the publication from PAI’s web site at http://www.pai-ca.org/PUBS/504001SpecEdIndex.htm.

4. I want to apply for regional center eligibility, what do I do?

Call your nearest regional center. The regional center receptionist can tell you which regional center covers your area based on your home address. Each regional center covers a specific geographic area. You need to apply to the one that covers the area where you live.

Each regional center has its own particular process, but they all start out similarly. You will give them your personal information and then set a time to meet with regional center staff in-person. Take evaluations or other types of assessments that accurately describe you. Take school records, medical records, work history, and any other information that accurately describe your abilities and your disabilities. The regional center will want to make photocopies of these documents. Be prepared to sign documents that allow the regional center to obtain copies of your records from your doctor, your schools, your employers and others who might be able to give information about you.

Your initial meeting with the regional center starts a longer process. See Chapter 3 for more information. It is important that you write down the date of your application and this initial intake meeting. Knowing these dates will help you figure out when you are entitled to a decision about your eligibility from the regional center.

1. What is a developmental disability according to the Lanterman Act?

2. Who is eligible for regional center intake and assessment?

3. What else can you tell me about “high risk” children?

4. I want to apply for regional center eligibility, what do I do?

5.