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(10.1) What is the appeal process and my timeline to appeal?

(10.1) What is the appeal process and my timeline to appeal?

If you disagree with a regional center or developmental center decision, you can ask them to change it. This is called an appeal.[1]§§ 4710.5(a), 4710. All references in this manual are to the Lanterman Act, unless it says otherwise. The § symbol means “section.” There are deadlines for every step of the appeal process. If the regional center tells you it will stop or change a service you are already getting, you have 10 days to appeal if you want the service to continue until your appeal is decided.[2]§ 4710.5(a).

If you wait more than 10 days, you can still file an appeal and get a fair hearing. But, the service will stop or change during your appeal. You must appeal within 30 days[3]§ 4710.5(a). to get a hearing.

Click HERE for the “Fair Hearing Request” form from the DDS website.[4]You can find all DDS forms on its website: https://www.dds.ca.gov/transparency/dds-forms/.  This includes hearing and appeal forms.  Once you are on the forms page, use the search box to type in … Continue reading

You can appeal if the regional center says:

  • you do not have a developmental disability and are not eligible for regional center services (“eligibility case”)
  • you were eligible and are no longer eligible for services (“termination case”)
  • it wants to reduce or stop a service in your IPP
  • it does not allow you to get a service you need 

To appeal, you must follow certain rules. This chapter talks about regional center appeals. The rules for developmental center appeals are the same. There is only one developmental center left in California. It is called Porterville Developmental Center. There is one other state-run facility that is like a developmental center, called Canyon Springs. 

References
1 §§ 4710.5(a), 4710. All references in this manual are to the Lanterman Act, unless it says otherwise. The § symbol means “section.”
2 § 4710.5(a).
3 § 4710.5(a).
4 You can find all DDS forms on its website: https://www.dds.ca.gov/transparency/dds-forms/.  This includes hearing and appeal forms.  Once you are on the forms page, use the search box to type in “fair” and 3 forms come up – Fair Hearing Request, Notification of Resolution, and Notice of Proposed Action. These are also available in Spanish.