Fair Hearings and Appeals
Family Support & Advocacy
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 which 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. , 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)
Fair Hearings Complaint Process
(For Individuals Age 3 and Older)
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.
For a better understanding of the appeal process, watch the videos below.
Watch “Appeal Process and Fair Hearings” on YouTube
Watch “Proceso de Apelación y Audiencias Equitativas” on YouTube
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.
Shows what this word means
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.
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.
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.