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(4.35) Can a regional center refuse to provide a service or support because it does not have enough money?

(4.35) Can a regional center refuse to provide a service or support because it does not have enough money?

Funds are always limited, but a regional center must base its decisions about services and supports on your choices and needs. The California Supreme Court says the Lanterman Act gives people with developmental disabilities the services and supports they choose and need to lead more independent and productive lives. If it has any funds to purchase services, the regional center must provide services and supports based on your individual needs and preferences made through the IPP process. The Court has ruled regional centers have wide discretion in how to implement an IPP. But, they have no discretion about whether to implement it. They must do what your IPP says.[1]Association for Retarded Citizens v. DDS, 38 Cal.3d 384 (1985). Request a fair hearing if the regional center denies or reduces your services or supports because of lack of money.

If the regional center says it cannot provide (or must stop or cut back) a service in your IPP because of a lack of money, you must get proper written notice. The regional center must also notify DDS in writing within 30 days of the date it notified you. The regional center must describe the service and the expected cost. The regional center must request that DDS provide the regional center, within 30 days, with enough money to cover the cost to the end of the fiscal year.[2]Section 4710(c)&(d).

References
1 Association for Retarded Citizens v. DDS, 38 Cal.3d 384 (1985).
2 Section 4710(c)&(d).