Your Rights
The state’s developmental services community is best served by an open exchange of information and opinions, and is committed to resolving problems and concerns when they occur. Below are the multiple options consumers, family members, vendors and providers have for filing appeals and complaints.
Client Rights
The Lanterman Developmental Disabilities Services Act affirms that individuals with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and the Constitution and laws of the State of California. Section 4502 of the Welfare and Institutions Code includes a list of specific rights. In order to assure that individuals with developmental disabilities and their families know about their rights, the department developed, with the assistance of Capitol People First, Short Center North/DDSO, Inc., Mayer-Johnson Co., a handout graphically illustrating the rights.
Clients’ Rights Advocate
The Office of Clients’ Rights Advocacy (OCRA) is part of Disability Rights California. has a Clients’ Rights Advocate (CRA) at each regional center. The CRA helps protect regional center consumer’s rights. OCRA is funded by the state Department of Developmental Services. The following is the contact information for our Westside Regional Center, Clients’ Rights Advocate, and Assistant CRA.
Matt Alivio – Clients’ Rights Advocate (CRA)
Ana Rivas – Assistant CRA
Mail
Office of Clients’ Rights Advocacy
777 Aviation Blvd
El Segundo, CA 90245
Phone: (310) 846-4949
Fax: (310) 846-4932
Website: https://www.disabilityrightsca.org/what-we-do/programs/office-of-clients-rights-advocacy-ocra/ocra-staff-links
E-mail: Matt.Alivio@disabilityrightsca.org
Fair Hearing
The process is a process for resolving disagreements between the regional center or state developmental center and consumers or applicants who are age three or older. Under the fair hearing process, disagreements may be about services, , or any decision or action of the regional center or state developmental center with which you disagree. The fair hearing process includes a voluntary informal meeting, mediation, and a fair hearing.
Watch “Appeal Process and Fair Hearings” on YouTube
Watch “Proceso de Apelación y Audiencias Equitativas” on YouTube
Early Start Complaint Processes
(For Children From Birth to Age 3)
is for infants and toddlers under the age of three who are at risk of having a developmental disability or have a developmental disability or delay, and their families. There are three separate processes in place for addressing disagreements that arise under this program.
Early Start Mediation Conference Request
This is a voluntary process, on the part of both parties, used to resolve disagreements between a parent and a regional center or a local educational agency involving any matter related to Early Start or related to a proposal or refusal to change or initiate the identification, evaluation, , placement, or services. Mediation may be used as the first option for resolution or may be requested at any time during a due process hearing or the complaint process. The mediation conference must be completed within 30 days from the receipt of the request by the Office of Administrative Law.
Early Start Due Process Hearing
This process is used to resolve disagreements between parents and a regional center or local educational agency involving any matter related to Early Start or related to a proposal or refusal to change or initiate the identification, evaluation, assessment, placement, or services. This hearing must be completed within 30 days from receipt of the request by the Office of Administrative Law. The decision is final unless appealed to the superior court of appropriate jurisdiction or civil action is brought by any aggrieved parties.
The Early Start State Complaint Process
This process is used to investigate and resolve any alleged violation of federal or state statutes or regulations governing the Early Start program. DDS, and if the complaint involves a local educational agency, the California Department of Education investigates the allegations and issues a written decision to all parties within 60 days of receipt of the complaint. (See California Code of Regulations, Title 17, Sections 52170-52174)
Complaints
Consumer Rights Complaint Process
This process is a mechanism to be used when an individual consumer, or any representative acting on behalf of a consumer, believes that any right has been wrongly or unfairly denied by a regional center, developmental center, or a service provider. This process is not to be used by consumers to resolve disputes about eligibility, or the nature, scope, or amount of services.
Title 17 Complaint Procedures
This procedure is to be used when: (1) one of the “personal rights” of an individual who resides in a developmental center, community care or health care facility, has been formally denied by the facility as allowed in Title 17 of California Code of Regulation Section 50530; and (2) the consumer disagrees with the facility’s decision.
Citizen Comments and Complaints Form (DS 2007)
If your problem or complaint does not fit one of the above formal processes, DDS has created a form that you may use to submit these complaints or comments to DDS. You may also use the form to acknowledge any individual, regional center, developmental center, or service provider for noteworthy service or conduct.
Whistleblower
Regional Center or Vendor/Contractor Whistleblower Complaints
If your complaint relates to an improper activity by a regional center or /contractor, this process can be used to file the complaint with DDS.
Shows what this word means
DDS (Department of Developmental Services)
DDS is the state department that funds and oversees California's 21 regional centers.
WRC’s definition
The Department of Developmental Services. This state agency administers the contracts with each regional center and sets many of the regulatory standards for service. The department also operates state developmental centers.
Clients' Rights Advocate (OCRA)
The Clients' Rights Advocate is a free advocate, outside WRC, who helps people protect their rights to services.
WRC’s definition
The Office of Clients’ Rights Advocacy is part of Disability Rights California.
Fair hearing
A fair hearing is a meeting with a state hearing officer when you disagree with a WRC decision.
WRC’s definition
The Fair Hearing process is a process for resolving disagreements between the regional center or state developmental center and consumers or applicants who are age three or older.
Eligibility
Eligibility is whether a person can get WRC services. WRC decides it after an assessment.
WRC’s definition
The process to determine whether, and to what degree, an individual has developmental deficits. An assessment identifies the individual’s strengths, abilities, needs, and developmental level.
Early Start
Early Start is free help for babies and toddlers under 3 who have a delay or are at risk of one.
WRC’s definition
Some infants and toddlers may need additional support to help them reach their full potential. These services and supports are available via the Early Intervention Program for Infants and Toddlers with Disabilities.
Assessment
An assessment is a review of a person's skills and needs. It helps decide eligibility and services.
WRC’s definition
The process to determine whether, and to what degree, an individual has developmental deficits. An assessment identifies the individual’s strengths, abilities, needs, and developmental level.
Vendor (service provider)
A vendor is a person or agency WRC has approved and pays to give services.
WRC’s definition
Any community agency or professional that provides services purchased by the regional center for its clients. Also known as a Service Provider.