RIGHTS UNDER THE LANTERMAN ACT

Chapter Six
Services and Supports for Children
and Adults Who Live With Their Families

·       Keeping Children and Families Together

·       Respite and Other Family Supports

·       Supports to Aid Adults Living in Family Homes to be Independent

·       Supports for Adopted or Foster Children

·       Behavioral Supports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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.

TABLE OF CONTENTS

1. What does the Lanterman Act say about services and supports for people with developmental disabilities who live with their families? 6-1

2. What does the Lanterman Act say about children under 18 with developmental disabilities living at home with their families? 6-2

3........ What if the regional center is not doing enough to help keep a child under 18 at home? 6-2

4. What does the Lanterman Act say about family supports? 6-3

5. What kinds of family support services are available? 6-3

6. When should I ask for these services and supports? 6-5

7. Are there different services or processes for children under three and those over three? 6-5

8. How does the regional center provide the services my family and I need to live together? 6-6

9. What does it mean to say that the regional center must be flexible and creative in meeting individual and family needs? 6-7

10. Can the regional center limit the amount of services that my family and I receive? 6-7

11. Do parents have to pay for some services for children under 18 who live at home? 6-8

12. How can I help the regional center respect my family’s culture? 6-10

13. My family and I speak a language other than English. Can I still get regional center services? 6-11

14. My family and I come from a different country where it was not a good idea to argue with the government. We don’t want to “rock the boat” with the regional center. We don’t want to seem ungrateful. Should we appeal if we feel we are not getting all of the services we need? 6-12

15. What are natural supports? 6-12

16. What are generic services? 6-13

17. When can the regional center pay for diapers? 6-14

18. What is respite and how can my family receive it? 6-14

19. Is respite free? 6-15

20. Can the regional center ask me to trade my respite hours for other services? 6-15

21. My family needs more respite, but the regional center denied our request. What do we do? 6-16

22. Can I choose my own respite worker? 6-16

23. What are my responsibilities as a family member respite vendor? 6-17

24. Can my family get the regional center to provide specifically tailored respite workers when my child has severe behavioral or medical needs? 6-18

25. Can my family get help caring for me when they are at home? 6-19

26. We need more respite hours but the regional center says my family cannot get more respite because we must first get more In-Home Supportive Services (IHSS) hours from the county. Are we obligated to go to the county first? 6-19

27. How do I obtain IHSS services? 6-20

28. Can I receive protective supervision and have a parent or spouse provider of IHSS services if I am enrolled in the Home and Community-Based Services (HCBS) Waiver? 6-21

29. I asked for more IHSS hours from the county but it denied my request. The regional center says I must pursue an administrative hearing against the county. I do not have the time or ability to do an administrative hearing. Must I do the hearing? 6-21

30. Can my family get help with day care from the regional center? 6-22

31. Can the regional center make my family choose between respite and day care? 6-23

32. Can my family get help sending me to an integrated day care program? What if my family wants me to go to an integrated day care program but the program says they can’t meet my special needs? 6-24

33. I don’t qualify for day care assistance from my regional center. Are other day care subsidies available to help me? 6-25

34. My disability prevents me from being able to travel out of town with my family. Can the regional center help my family find someone to take care of me while they are away on vacation for two weeks. 6-25

35. The regional center told my family that because I am of school age, the regional center does not have to provide services because it is solely the school district’s responsibility to provide services to me until I graduate from high school; is this true? 6-25

36. I will be leaving high school soon, what comes next? 6-27

37. What kind of behavioral intervention can I get from the regional center? 6-27

38. What kinds of behavioral services are available through the regional center for children with autism? 6-28

39. What help can my family get to help me stay at home if my behavioral challenges get more severe or if my need for medical supports suddenly increases? 6-29

40. Can the regional center pay for in home nursing care? 6-30

41. It is hard finding good health care, what can we do? 6-30

42. I am an adult. I choose to live with my mother and father. I am not ready to move out on my own but I want to be as independent as I can. Can I get services to help m