RIGHTS UNDER THE LANTERMAN ACT

Chapter Twelve
Disputes: Fair Hearings and Compliance Complaints

·       Disputes with Regional Centers and Developmental Centers

·       Notices of Proposed Changes in Services and Supports

·       Fair Hearing Procedures and Timelines

·       Deprivation of Rights and Compliance Complaints

·       Disputes with Providers of Services and 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 can I do if I disagree with a regional center or developmental center decision? 12-1

2. Are there timelines for appeals? 12-1

3. When must I receive written notice? 12-2

4. What must the regional center include in its written notice? 12-4

5. I do not understand English. How will I understand what the regional center is telling me when it sends me written notice? 12-4

6. What if the regional center believes a change in my services or supports is needed in order to protect my health and safety? When does it have to give me notice? 12-6

7. What are common notice problems? 12-6

8. Can I continue to receive my current services while I appeal a regional center decision? 12-7

9. Can the regional center stop a service without notice or aid paid pending because there is a time limit on the service in my IPP or in the purchase of service authorization? 12-7

10. What do I do if the regional center doesn’t send me written notice according to the time lines, or sends a notice but without the required information? 12-9

11. Who can appeal the regional center’s decision? 12-10

12. How do I file an appeal? 12-10

13. What are my rights in the fair hearing process? 12-10

14. Can someone be appointed to help me in my appeal? 12-11

15. Can the Clients’ Rights Advocate help me appeal? 12-11

16. Do I have the right to look at my regional center records? 12-13

17. What are the steps in the appeal process? 12-13

18. What happens at an informal meeting if I decide to have one? 12-15

19. What if I don’t speak English? 12-16

20. What is mediation? 12-16

21. What are the pros and cons of going through mediation? 12-17

22. What is the next step if mediation fails or we do not mediate? 12-18

23. When must the hearing be held? Can the hearing be continued? 12-18

24. Where can the hearing be held? 12-19

25. Do I have to tell the regional center what documents and witnesses I will use at the hearing? 12-19

26. What are the things I should do before I decide what documents and which witnesses to use at the hearing? 12-20

27. How is the fair hearing conducted? 12-20

28. What are the steps in the hearing? 12-21

29. Can I require someone to be a witness? 12-23

30. When will I get the Administrative Law Judge’s decision? 12-24

31. Is this the final administrative decision? 12-24

32. Can I appeal a final administrative decision I do not like? 12-25

33. Can I get attorney’s fees if I go to court and win? 12-27

34. What should I do when the regional center does not provide supports that are listed in my IPP or will not implement a fair hearing decision that is favorable to me? 12-27

35. How do I make a complaint for me or for others like me when our legal rights have been violated? What is a “compliance complaint”? ........................................................................... 12-28

36. Can I obtain information on other people’s complaints or appeals filed against the regional center or developmental center? 12-30

37. What should I do when I have a dispute with a service provider? 12-31

38. Is there anyone else I can complain to about a service provider? 12-31

Appendix R: Negotiation Planner

Appendix S: Fair Hearing Flow Chart

Appendix T: Request for Regional Center Communications in My Primary Language

Appendix U: Notice of Proposed Action Form

Appendix V: Fair Hearing Request Form

Appendix W: Notification of Resolution Form

Appendix X: Sample Section 4731 Complaint

Appendix Y: Contact List: Regional Center Offices throughout California

Appendix BB: Contact List: Developmental Cente