RIGHTS UNDER THE LANTERMAN ACT

Chapter Nine
Avoiding Institutionalization

·       The Right to Community Integration

·       Getting Out and Keeping Out of Institutions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. Do I have the right to a community living arrangement instead of an institution? 9-1

2. Who is entitled to community integration? 9-1

3. How do I go about moving from an institution to a more integrated living arrangement? 9-2

4. How can I avoid being placed in an institution? What is deflection? 9-2

5. What is a developmental center? 9-4

6. What happens when developmental center placement is being considered? 9-4

7. What is the Community Placement Plan (CPP)? 9-5

8. Can I move out of a developmental center if I’m not on the CPP? 9-5

9. When is someone “ready” to move out of a developmental center? 9-6

10. What help must be provided for transition from a developmental center to the community? 9-7

11. How are people admitted to a developmental center? 9-8

12. What is diversion? 9-10

13. Can my parent or conservator place me in a developmental center? 9-11

14. Can my parent or conservator prevent me from moving out of a developmental center? 9-11

15. How can I get a court to review my institutional placement? 9-12

16. What role should my IPP team play when I am committed to a DC by a Court? 9-14

17. What advocacy assistance is available to me at a DC? 9-15

18. What are the Coffelt and the Capitol People First cases? 9-15

Appendix BB: Contact List: Developmental Center Clients’ Rights Advocates and Volunteer Advocacy Service Coordinators

Appendix CC: Contact List: Regional Resource Development Projects

 

CHAPTER NINE
Avoiding Institutionalization

·       The Right to Community Integration

·       Getting Out and Keeping Out of Institutions

1.             Do I have the right to a community living arrangement instead of an institution?

The Lanterman Act was established to provide people with developmental disabilities with the services and supports they need to live and remain in their home communities. The California Supreme Court has said that the two primary purposes of the Lanterman Act are: (1) to prevent or minimize institutionalization of people with developmental disabilities and their dislocation from family and community, and (2) to enable people with developmental disabilities to approximate the patterns of living of people without disabilities of the same age and to lead more independent and productive lives in the community.[1] One of the rights that all people with developmental disabilities have under the Lanterman Act is a right to receive services and supports “in the least restrictive environment” (or LRE).[2]

The federal Americans with Disabilities Act (ADA) has a similar requirement—sometimes referred to as an “integration mandate.” In the landmark case, Olmstead v. L.C.,[3] the United States Supreme Court said that unnecessary institutionalization of people with disabilities is a form of discrimination based on disability. Thus, only offering services in segregated and isolated institutional settings to people who could benefit from integrated, community-based services violates both the Lanterman Act and the ADA.

2.             Who is entitled to community integration?

While this chapter focuses primarily on community integration as an alternative to developmental center placement, it is important to recognize that the LRE requirement of the Lanterman Act (and the ADA) applies to everyone -