If you have only a learning disability or psychiatric disorder and do not also have one of the five developmental disabilities described in this chapter, you will not qualify for regional center.
DDS regulations say:
A learning disability is a condition where there is a major difference between your estimated cognitive potential and your actual level of educational performance. Also, the condition is not caused by intellectual disability, lack of education, psycho-social problems, psychiatric disorder, or sensory loss.Title 17, Cal. Code of Regs., section 54000(c)(2).
A psychiatric disorder is where you have impaired intellectual or social functioning which began because of a psychiatric disorder or treatment for such a disorder. Psychiatric disorders include psycho-social problems and/or psychosis, severe neurosis, or personality disorders, even if social and intellectual functioning are seriously impaired by the psychiatric disorder.Title 17, Cal. Code of Regs., section 54000(c)(1).
The DDS regulations are not consistent with the Lanterman Act, because the Lanterman Act does not mention these two exclusions. But, the court in Samantha C. found these exclusions are legal.Samantha C. at page 1491. The regional center may say your condition is “primarily” one of these conditions. Remember, DDS regulations only exclude people whose disabilities are “solely” learning disabilities or psychiatric disorders. Solely means only. You could have a learning disability and/or a psychiatric disability, plus a developmental disability. You will need an independent evaluation by a psychologist who can identify and describe all of the conditions you have. You should show the regional center or an administrative law judge you have one of the five developmental disabilities, besides any other condition you have.