If the regional center will not give you the hours you need, you can appeal the regional center’s decision. Use the Respite Hearing Packet to help you prepare. You must show the judge why you need more respite.
Once you file for an appeal, prepare the evidence that shows you need more respite. You need proof of:
- the kind of care your child needs,
- how often someone must be with your child, and
- what a typical week of care and supervision of your child looks like.
You and other family members who take care of your child should go to the hearing and describe to the judge the care and supervision your child needs. Describe how much of each week your child needs that kind of attention. Describe what school, work, or other necessary obligations and activities you must dedicate time to each week. If the time needed to care for your child, plus the time you need for your other obligations and activities, leaves little or no personal leisure time, it is hard to keep that up. It could threaten your ability to maintain the child at home. In this situation, more respite is probably needed to accomplish this important goal of the Lanterman Act.
If one or more family members cannot attend the hearing, they should write statements to the judge and declare that they are true and accurate under penalty of perjury and the laws of the State of California.