Anti-Retaliation Protections: Your Rights

Under important state laws like the Lanterman Act, individuals with developmental disabilities who live in California enjoy a robust set of legal rights and protections. Among the most important are the right to receive care, support, and resources through the California Department of Developmental Services (“DDS”). Through a series of regional centers scattered across the state, the DDS administers a broad range of services to developmentally disabled individuals. Just as important as accessing these resources is the right to challenge a California DDS decision you disagree with. To protect individuals who challenge a DDS decision, California has also implemented strong anti-retaliation protections. Your rights are important, and learning how to put these rights to work is vital.

California DDS and Exercising Your Rights

To begin with, retaliation occurs when a person is treated unfairly because they exercised their rights. For example, if a person challenges a DDS decision by pursuing a fair hearing, it is illegal for DDS to subsequently treat that person worse. In California, this type of retaliation is strictly prohibited.

Anti-retaliation protections are incredibly important. That’s because retaliation has a chilling effect on people’s willingness to exercise their rights. But by protecting against retaliation, it becomes much more likely that people will exercise their rights. This, in turn, makes it more likely that individuals will receive the care they need.

Under DDS rules, regional centers and service providers must ensure that individuals and their families feel safe raising concerns. If retaliation is suspected, individuals have the right to report it. Most directly, retaliation complaints can be filed with a DDS regional center. Additionally, complaints can also be filed directly with the DDS or with the help of a local advocacy group.

Importantly, protections extend not only to the person receiving services but also to their family members, guardians, or representatives. This ensures that everyone involved in caring for a developmentally disabled individual can do so freely and without intimidation.

Put simply, anti-retaliation protections are a cornerstone of the entire California DDS system. When it comes to anti-retaliation protections, your rights as an individual are what matter most. By knowing that you are protected against retaliation you can boldly pursue the care you or your loved ones need.