Yes. If you think your placement in the DC is illegal or inappropriate, ask the DC or regional center staff to release you. Or have someone else ask for you. Then you are entitled to a court hearing by writ of habeas corpus.Welfare and Institutions Code sections 4800-4801.
The DC or regional center staff person who you tell you want to be released must fill out a Request for Release form. (The Clients’ Rights Advocate at the DC can help you with this process.) The DC must send the form to the court and a copy to your parent or conservator with a letter saying that the court was notified. If the DC intentionally does not follow these requirements, it is a misdemeanor.Welfare and Institutions Code section 4800(c).
The court can make an order saying the DC must release you. Or there may be a hearing. You have a right to have a lawyer at the hearing. If you cannot afford a lawyer, the court will appoint a lawyer for you.
If the court says that you do not have a developmental disability, or that you can safely meet your own needs, the DC has 72 hours to release you. If you cannot meet your own needs, but you have a responsible person or agency that can and will, you may be released subject to any conditions the court finds proper and consistent with the Lanterman Act.Welfare and Institutions Code section 4801(c)(2). For example, the court can order the DC to release you and order the regional center to give you the services and supports you need. If the services are not available, the court can order the regional center to find or develop the services and to report to the court on its progress.