IMPORTANT: This information will change on March 1, 2023
If you disagree with a regional 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). This is called “aid-paid pending.”
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 an informal meeting, mediation, or 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 appeals for people who live in facilities that are by operated by the Department of Developmental Services are the same. There are only a few of these facilities in California. They are called Porterville Developmental Center, Canyon Springs Community Facility, North STAR, Central STAR, and South STAR.
IMPORTANT: YOUR APPEAL DEADLINES WILL CHANGE ON MARCH 1, 2023.
- If the regional center tells you it will stop or change a service you are already getting, you will have 30 days to appeal if you want the service to continue until your appeal is decided.
- You must appeal within 60 days to get an informal meeting, mediation, or hearing.
- DDS forms may also change after March 1, 2023. Please check DDS’s website for the most up-to-date information. Here is a link to DDS’s website about the appeals process: https://www.dds.ca.gov/general/appeals-complaints-comments/fair-hearings-complaint-process/
↑1 | §§ 4710.5(a), 4710. All references in this manual are to the Lanterman Act, unless it says otherwise. The § symbol means “section.” |
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↑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. |