Menu Close

(2.1) What is a developmental disability?

(2.1) What is a developmental disability?

California law says a developmental disability starts before age 18, is expected to continue indefinitely, and is a “substantial disability.”[1]Section 4512(a)&(l). In California, a developmental disability is one of these five conditions:

  • cerebral palsy
  • epilepsy
  • autism
  • intellectual disability
  • other conditions closely related to intellectual disability or require similar treatment.[2]Section 4512(a). The old term for “intellectual disability” in the Lanterman Act was “mental retardation.” The term “mental retardation” is no longer used by the American Psychiatric … Continue reading

“Substantial disability” means the person has major problems in at least three of these areas:[3]Section 4512(l)(1)(A)-(G); Title 17, Cal. Code Regs., section 54001(a)

  • Communication skills (receptive and expressive language)
  • Learning
  • Self-care
  • Mobility
  • Self-direction
  • Independent living
  • Economic self-sufficiency

Before August 11, 2003, “substantial disability” meant you only needed a problem in one of these seven areas, instead of at least three. If you were eligible for regional center services before the law changed, the regional center must use the old definition of substantial disability for your eligibility now.[4]Section 4512(l)(2); Title 17, Cal. Code of Regs., section 54001(d). This is important if you were eligible under the old definition, but now the regional center says you are not eligible. It is also important if you received regional center services before the law changed, but your case became inactive and you now want services again.

References
1 Section 4512(a)&(l).
2 Section 4512(a). The old term for “intellectual disability” in the Lanterman Act was “mental retardation.” The term “mental retardation” is no longer used by the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which now also uses the term “intellectual disability.” Although this term has been updated in the Lanterman Act and in clinical literature, the term “mental retardation” is still used in the Department of Developmental Services’ regulation, which further defines the term “developmental disability” in the Lanterman Act. See Title 17 Cal. Code of Regs., section 54000.
3 Section 4512(l)(1)(A)-(G); Title 17, Cal. Code Regs., section 54001(a)
4 Section 4512(l)(2); Title 17, Cal. Code of Regs., section 54001(d).