INTRODUCTION
This Manual has one purpose: to help you understand
some of your rights as a person with developmental disabilities in
You also have rights under other laws and service programs such as the Individuals with Disabilities Education Act (IDEA) and In Home Support Services. Protection and Advocacy, Inc. (PAI) has a number of publications available that will help you understand your rights and how to be a better advocate. Call us for a list at (800) 776-5746. You can also download most of our publications from our web site at www.pai-ca.org/issues/index.htm.
You only have
rights if you know what they are. If you do not exercise them, they are of no
value to you.
In years past, people with developmental disabilities were hidden away and not permitted to live in the community with their non-disabled peers. They were treated as outcasts and as people who were "sick." Some people even thought that being with people with developmental disabilities was dangerous. Today we know that mental retardation, autism, seizure disorders and cerebral palsy are not "sicknesses.”
People with disabilities may need help to overcome barriers or learn skills. Often the barrier is simply ignorance or prejudice. Having a disability does not mean being cut off from life. People with disabilities can and do live full, happy and productive lives.
One of the purposes of this Manual is to help you advocate for yourself or for someone else. This Manual aims to give you the knowledge and confidence to speak for yourself or to help others. You will find that you are the person who knows best what you need and that you can advocate for yourself if you speak up and make your needs and choices known.
We have tried to arrange this Manual so that it is easy to find the answers to your questions. The table of contents for each chapter lists all of the questions and can be used as a shortcut to finding answers to your questions.
Throughout most of this Manual we have used the term “you” to refer to people with developmental disabilities who are consumers of regional centers. In the chapters that concern services to families, “you” may refer to the parent or care giver. If you are a family member, friend or advocate for a person with a developmental disability, the information here will be useful to you in your efforts to obtain needed services for that person.
· Chapter One will give you an overview of the organization of the Lanterman Act, and the system and the rights of people with developmental disabilities.
· Chapter Two describes various developmental disabilities, how they are diagnosed, and how regional centers determine eligibility for services and supports.
· Chapter Three goes through the steps for becoming enrolled with a regional center, and the duties of the regional center to find and provide services for people with developmental disabilities.
· Chapter Four takes you through the process of setting up your Individual Program Plan (IPP), and how to get the services and supports you choose and need. As the IPP is the key to how you get services under the Lanterman Act, it is good to know that both PAI and the Department of Developmental Services Consumer Advisory Committee have put out materials that are easy to understand to assist people to participate in their own IPP meetings. Many of these materials use pictures, some are on audiotape and some are in Spanish and other languages.
· Chapter Five is about advocacy, where you can look for help and how you can get involved in the system.
· Chapter Six is devoted to services available to families who have adults or children with developmental disabilities at home.
· Chapter Seven talks about finding the best living arrangements for you.
· Chapter Eight sets out your options for community participation, work, day activities, leisure and much more.
· Chapter Nine is about your right to community integration and how to get out and stay out of institutions.
· Chapter Ten describes services available to people with both developmental and mental disabilities – referred to as dual diagnosis.
· Chapter Eleven is about the recently created Self-Directed Services Program (note: the SDS Program is not currently available statewide).
· Chapter Twelve goes through the process of resolving disputes between you and the regional center and/or other service providers.
We have included useful information and resources in the Appendices.
The Lanterman Act is part of the California Welfare
and Institutions Code, and is the law that controls regional centers. When we
talk about a particular part of the law, we put the section number right after
the statement so you can look it up if you want. The “§” symbol means the
“section” of the law. For the California Code of Regulations we have used the
abbreviation “
The difference between a statute and a regulation
is that statutes set out the basic framework of the law and are made by the
Legislature. Regulations or rules guide us in how to use the statute in more
detail. Regulations are made by state agencies such as the Department of
Developmental Services (
There are a number of topics and programs that are
not included in this Manual, but are important to anyone with a developmental
(or any other) disability. These include special education, Social Security,
In-Home Supportive Services (IHSS), and housing among others. PAI has a number
of guides and pamphlets on those subjects. You can get a list of current
materials by calling any of PAI’s offices at
There may be information in this Manual which you feel is not clear. We depend upon you to let us know what we can change to make it better. Feel free to call PAI or OCRA if you have any questions or want to make suggestions for changes in this Manual. From time to time, especially when there are changes in the law, we will revise and update this Manual.
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