RIGHTS UNDER THE LANTERMAN ACT
Chapter Three
The
·
How to Apply for
·
· Transferring Between Regional Centers
Written by:
PROTECTION
Publication #5063.01 – English
Copyright © 1983 by PAI - REVISED EDITION 2006
RIGHTS UNDER THE LANTERMAN ACT
Chapter Three
The
·
How to Apply for
·
· Transferring Between Regional Centers
Written by:
PROTECTION
Publication #5063.01 – English
Copyright © 1983 by PAI - REVISED EDITION 2006
Protection
PAI
Toll
Free:
www.pai-ca.org
|
Central Office |
|
|
|
|
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:
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 (
TABLE OF CONTENTS
1. What
are the responsibilities of the regional center?
2. How does the regional
center find people with developmental disabilities?
3. How does the regional
center reflect the diversity of the community?
4. Does the regional center
have to provide services that are sensitive to my culture?
5. What if I don’t speak
English?
6. What if I cannot go to the
regional center because of my disability?
7. How do I apply for
regional center services?
8. When I first apply for
services, when will I get an appointment at the regional center?
9. How long does the
assessment process take?
11. Whom will I see at the
regional center?
12. How will the regional center
decide if I am eligible for services? 3-
13. How will I know what the
regional center has decided?
14. What if the regional center
says I am not eligible for an assessment or services?
15. What if I am found not
eligible for services now? Am I barred from services forever?
16. What happens after I am made
eligible for regional center services? 3-
17. What is a service
coordinator?
18. Do I have the right to
change my service coordinator?
19. If I move to a place served
by a different regional center can I still get services?
20. How do my old and new
regional centers work together when I move?
21. What if there is a dispute
between the former and the new regional center about the transfer?
Appendix E: Checklist for Applying for Regional Center
Services
Appendix H: Inter-Regional Center Transfer Guidelines
Appendix S: Fair Hearing Flow Chart
Appendix T: Request for Regional Center Communications
in My Primary Language
CHAPTER
THREE
The
the Starting Point
· How to Apply for Regional Center Services
· Regional Center Service Coordination
· Transferring Between Regional Centers
Regional centers provide services to people of all
ages who have developmental disabilities. The regional center serves adults,
children, infants, toddlers, and anyone at risk of giving birth to a child with
a developmental disability.[1]
Regional centers must:
·
Search out and identify people who may need
regional center services.[2]
·
Provide intake and assessment services to decide
eligibility for regional center services.[3]
·
Provide preventive services to potential parents
who may be at high risk of parenting a child with developmental disabilities.[4]
·
Provide service coordination for all consumers.[5]
·
Develop an Individual Program Plan (IPP) that
reflects each person’s individual needs and choices.[6]
·
Ensure that the services and supports identified
in the IPP are provided.[7]
·
Develop new service and support resources and
monitor the quality of the services and supports provided.[8]
Regional centers are required to do "case
finding." This means that regional centers must actively look throughout the community to find people who are
eligible for services. In doing this, the regional center works in cooperation
with public health services, the Department of Social Services, school
districts, and other state, local and private agencies in the area.
Often the parents of a child with developmental delays or disabilities are referred to the regional center by a pediatrician or other medical professional. It is not necessary to have a doctor or psychologist make a referral. Anyone who may have a developmental disability can be assessed by the regional center, even though a medical professional has not done any testing.
One way the Lanterman Act tries to make sure that
all parts of the community are served is to make sure the regional center's
Board of Directors represents the developmental disabilities community as a
whole. At least 25 percent of the members of the board must be people with developmental
disabilities. At least 50 percent must be a combination of people with
developmental disabilities, their parents and legal guardians.[9]
The Board of Directors should reflect the social, cultural and ethnic makeup of
the community it serves. This is to make sure that everyone who needs regional
center services, no matter what their race, ethnicity, religion or income, gets
the services and supports they need.
Yes. If you want your regional center to consider
your cultural background as you work together, it is important that you speak
with your service coordinator and make your preferences and values clear. You
can tell your service coordinator about your preferences when she or he is
gathering information about you to plan your IPP. Regional centers must keep in
mind your and your family’s lifestyle and cultural background when planning for
your IPP.[10] Regional centers must use
the information you share with them about your culture to help your planning
team create a culturally sensitive IPP.
If you have a child who is a regional center
consumer, the regional center must make sure your child is receiving services
that meet the cultural preferences, values and lifestyles of the family.[11]
If you do not speak English, have difficulty
understanding English, or feel more comfortable speaking in a different
language, you should tell the regional center at the time you first set up the
intake meeting. The regional center must provide an interpreter for the
meeting. Good communication is essential. You can speak through an interpreter
if necessary at every meeting, beginning with the intake meeting. You may also
want to bring along a friend or family member who speaks English to help you.
But, the regional center cannot require you to bring a friend in the place of a
professional interpreter. If you need to appeal a decision by the regional
center and you need an interpreter, one must be provided to you and paid for by
the regional center.[12]
If you want to have your IPP or other documents translated, or if you need an
interpreter for meetings or phone conversations, there are laws that give you
the right to those services.[13]
It is a good idea to give the regional center
notice of the need for interpreter services as soon as possible. See Appendix T
for how to request these services. If the regional center will not translate
documents or provide an interpreter for you, call PAI or OCRA for more information
about your rights.
If you cannot go to the regional center’s offices
because of your disability, the regional center must visit you at your home.
Your right to this kind of accommodation is guaranteed by federal law,
including Section 504 of the Rehabilitation Act and its regulations.[14]
This right applies to any public agency from which you are seeking benefits or
services, including In-Home Supportive Services (IHSS), Social Security, and
other agencies. If necessary, an agency can arrange to do much of its work over
the telephone, including hearings and appeals.
You begin by contacting the local regional center
by mail, telephone or personal visit. The next step is to set an appointment
for "intake and assessment." You should bring to the initial intake
meeting any records you have from doctors, hospitals, health clinics, schools,
and anyone else who knows you or your child well or has knowledge of your or your
child’s developmental history. You should bring the names, addresses and
telephone numbers of doctors, psychologists and other health care professionals
you have seen. These are helpful to speed up the process. The regional center
will ask you to fill out a number of forms and sign releases to allow the
regional center to get any records that document any developmental disability.
In Appendix E you will find a check list to use for gathering the information
you will need for the intake interview. Remember that a receptionist or intake
clerk cannot deny you the right to apply for regional center eligibility.
Within 15
working days after the request, the regional center must complete an
"initial intake."[15]
The regional center should give you information and advice about its services
and the services of other agencies. The regional center should also give you
information about the Area Board, PAI and OCRA, including addresses and phone
numbers.[16] During the initial
intake, the regional center also decides whether to do a formal eligibility
assessment and may ask for more information. Sometimes there is no need for a
formal assessment because the documentation of your disability is clear.
The regional center must complete any
assessment/evaluation to determine your eligibility for services within 120 days following initial intake.[17]
The assessment must be done within 60
days if:
·
A delay would expose you to any unnecessary risk
to your health and safety, or to significant further delay in mental or
physical development; or
· There would be an imminent risk of placement in a more restrictive environment (such as a child being moved from the family home to another place or someone being placed in a developmental center or other health facility).[18]
If you are found eligible for regional center
services, your first Individual program Plan must be completed within 60 days of the completion of the
assessment.[19]
An assessment is a way to get information to decide
whether you are eligible for services from the regional center or eligible to
receive a particular service. Sometimes the regional center needs more information
to decide eligibility or what services you need and want. The ID team gets
information from records and reports from doctors, psychologists, schools,
testing, and/or interviews. It can arrange to have formal psychological or
medical tests done. This is all part of an assessment.
An intake worker does the initial interview and
meeting. Other members of the regional center staff may also see you. The staff
of the regional center is made up of people with specialized jobs such as
social work, psychology or medicine. They work together as a team in the intake
and assessment process. The team, called an interdisciplinary or ID team,
includes at least a doctor, a psychologist and a service coordinator.[20]
The standards for determining whether you are
eligible for regional center services are discussed in detail in Chapter 2.
The regional center must send written notice to you and your representative, if any, by certified mail no more than 5 days after it decides you are not eligible.[21] A notice must also be sent by the regional center if it decides not to do an assessment.
If the regional center decides you are not eligible
at any time in the intake or assessment process, and you believe the decision
is wrong, you have the right to appeal. You must appeal within 30 days because there are time limits
for appeals.[22] If the regional center
makes any decision that you believe is wrong, including whether or not to do an
assessment, you can appeal.[23]
Chapter 2 discusses the standards for regional center eligibility and Chapter
12 on Disputes and Appeals will take you through the appeal step by step. In Appendix
S you will find a time line showing when you should receive notice of a
decision, the time limits for you to appeal, and how to give adequate notice
for your appeal.
If the regional center finds you ineligible for regional center services, and you later discover facts or get new information (such as new test results), you can reapply. The regional center might not do a complete new evaluation, but should consider the new information you give them.
Once you have been found eligible for regional
center services, an Individual Program Plan must be developed with you within
60 days of the completion of the assessment.[24]
Your IPP must be developed jointly between you, your family (where appropriate)
and the regional center. This is the way you get services, so it is very
important. The IPP is like a contract between you and the regional center and
it describes the services and supports the regional center will assist you to
obtain. Chapter 4 discusses the person-centered IPP process and how it works.
Your service coordinator is your contact with the
regional center and is a very important person. Sometimes a service coordinator
is called a “case manager” or a client program coordinator (
The Lanterman Act also says that you, a family member, or your conservator, if you have one, can do some or all of the jobs of a service coordinator. You must get the agreement of the regional center’s director before this can be done. If this is done, the regional center must provide you or the other person serving as your service coordinator with training and ongoing assistance.