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(10.38) What is a section 4731 Complaint?

(10.38) What is a section 4731 Complaint?

A “4731 Complaint” is a legal way to complain if your rights have been violated or denied. You, or someone for you, can file a section 4731 Complaint if the regional center does not follow the hearing officer’s decision or does not make sure you get the services in your IPP. You can file a 4731 Complaint against a regional center, state-operated facility, or service provider if they have violated any of your rights.

A Section 4731 Complaint is not the same as a fair hearing appeal. You cannot file a complaint to solve a disagreement about the amount of services you get or the types of support in your IPP. A Section 4731 Complaint is only used if the regional center, state-operated facility, or service provider breaks the law or violates a regulation. For example, the regional center is breaking the law if:

  • They do not provide services in your IPP
  • They do not do what the ALJ decides, or
  • They violate one of your rights

You can file a Section 4731 Complaint against a regional center, state-operated facility, or a service provider (like group homes, day programs, or transportation services hired by the regional center).[1]§ 4731(b).

To file your complaint, write to the director of your regional center. Tell the regional center if you are complaining about the regional center, or a service provider, or both. You can to find the name and address for each regional center director at: http://www.dds.ca.gov/rc/listings/

To file a complaint against Porterville Developmental Center or Canyon Springs, write to the director.

Here is the information for Porterville: https://www.dds.ca.gov/services/state-facilities/porterville-dc/

Here is the information for Canyon Springs: https://www.dds.ca.gov/services/state-facilities/canyon-springs/

Your complaint can be a simple note to the director. You can use Supplement O as a guide. Or you can ask an advocate or lawyer to send them a letter.

References
1 § 4731(b).