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(10.3) When does the regional center have to give me notice?

(10.3) When does the regional center have to give me notice?

If you and the regional center agree, a regional center does not have to give you a written notice. An agreement means you sign an IPP or written document that says you agree with a regional center’s decision to change, deny, or terminate a service.[1]§ 4701(k). If there is not a signed IPP or written document, but the regional center believes you agree with its decision, they must send you a letter explaining its decision, why it believes you agree with its decision, and give you information about your right to appeal the decision.[2]§ 4701(k).

The regional center must give you written notice if you don’t agree with a decision the regional center makes, including when:

  • You ask for regional center services and they say you do not have a developmental disability and are not eligible for services.[3]§ 4710I.
  • You are receiving regional center services and they decide you are not eligible for services anymore.[4]§ 4710(a)(2).
  • The regional center says it will not provide a service you ask for.[5]§ 4710(b).(They have 5 working days to send you notice by certified mail.)[6]§ 4710(b). 
  • The regional center wants to stop or change a service in your IPP, and you do not agree.[7]§ 4710(a)(1). The regional center must give you notice at least 30 days before they change the service in your IPP.[8]§ 4710(a)(1). See Exception to Notice Requirements below for exceptions to this rule.
  • The regional center says it does not have the money to give you services.[9]§ 4710(c). You disagree with all or part of your IPP.[10]§ 4646(i).

It is illegal for the regional center to deny or change a service without giving you written notice. Ask the regional center to send you written notice. You can appeal even if the regional center refuses to send you notice. See questions on appealing without a notice or late appeals. You can also file a complaint (called a Section 4731 Complaint) with the director of the regional center.[11]Filing an appeal on time is more important. File a Section 4731 Complaint with your fair hearing appeal if you have enough time. See section on 4731 Complaints. If you live in a state-operated facility, notify the director.[12]§ 4731(b).

See Supplement O for a sample 4731 Complaint.

Click HERE for a “Notice of Proposed Action” form.[13]You can see and print DDS forms online at: https://www.dds.ca.gov/transparency/dds-forms/

References
1, 2 § 4701(k).
3 § 4710I.
4 § 4710(a)(2).
5 § 4710(b).
6 § 4710(b). 
7 § 4710(a)(1).
8 § 4710(a)(1). See Exception to Notice Requirements below for exceptions to this rule.
9 § 4710(c).
10 § 4646(i).
11 Filing an appeal on time is more important. File a Section 4731 Complaint with your fair hearing appeal if you have enough time.
12 § 4731(b).
13 You can see and print DDS forms online at: https://www.dds.ca.gov/transparency/dds-forms/