No. The Lanterman Act gives you the right to get the services and supports you need to stay in your community. You also have the right to get these services and supports “in the least restrictive environment” (LRE).Sections 4501 and 4502(b)(1).
According to the California Supreme Court, the purposes of the Lanterman Act are to:
- Keep people with developmental disabilities out of institutions as much as possible, and avoid separating them from their families and community,
- Allow people with disabilities to live like people their age without disabilities, and
- Help people with disabilities live more independently and productively in their community.Assoc. for Retarded Citizens-Calif. v. Dept. of Developmental Services, 38 Cal.3d 384, 388 (1985).
The U.S. Supreme Court also talks about the right of persons with disabilities to receive services and supports in the least restrictive environment. The Court found it is an illegal form of disability discrimination to make a person with a disability live in an institution if they do not need to.Olmstead v. L.C. (1999) 527 U.S. 581. The Americans with Disabilities Act contains an “integration mandate.”Title 28 Code of Federal Regulations section 35.130(d). Under the “integration mandate,” a public agency must carry out its services, programs, and activities in the most integrated setting for the needs of people with disabilities. In the Olmstead v. L.C. case, the most integrated setting for the people involved was a community-based program and not an institution. There, the public agency responsible for services was required to consider such a program instead of an institutional setting.