Under the Lanterman Act, all developmentally disabled individuals in California have a right to receive care and supports through the California Department of Developmental Services (“DDS”). But not just any type of care. Specifically, the Lanterman Act specifies the right to individualized care that has been tailored to the unique needs, goals, and life circumstances of each person. Ultimately, the care provided by the Lanterman Act is supposed to center the person receiving the care. To that end, all DDS recipients are in full control of the services they reeive. Part of that is the ability to appeal a DDS decision, request your records, and make modifications to your care plan. Here are sample letters you can use to initiate California DDs appeals, records requests, and modifications.
Sample Letter: California DDS Appeal
Begin the letter with a standard header that includes:
- Your name and contact information.
- The name and contact information of the DDS regional center you’re sending the letter to.
- A subject line.
From there, use the following as a template:
Dear [insert title and name of person you’re writing to],
Pursuant to the Lanterman Act, I am writing to formally request a Fair Hearing. Specifically, I am writing to appeal a recent decision made by [insert DDS Regional Center Name].
I received written notice of this decision on [date of notice], regarding [briefly describe the issue you’re trying to appeal]. I disagree with this decision because [provide a brief explanation as to why you disagree with the DDS decision or action].
As a result, I am requesting a formal Fair Hearing to resolve this issue. I am also requesting that all services continue until the hearing decision is made, as permitted under California law.
Please confirm receipt of this request and provide information about the next steps in the appeal process.
Sincerely,
[insert your name]
Sample Letter: Request Your California DDS Records
Begin the letter with a standard header that includes:
- Your name and contact information.
- The name and contact information of the DDS regional center you’re sending the letter to.
- A subject line.
Then, use the following as your template:
Dear DDS Records Coordinator,
Pursuant to the Lanterman Act and California Welfare and Institutions Code §4728, I am writing to request copies of all personal records maintained by your agency. This request includes any and all assessments, IPPs, case notes, correspondence, and any other documents related to my services through DDS.
I prefer to receive my records as [indicate if you would prefer they mail you hardcopies of your records, or if you’d prefer they email you digital copies of all records]. Please inform me if there are any costs associated with copying or mailing these records.
Please let me know if there is anything further you need from me. If possible, please also inform me how quickly you will be able to send me my records. Thank you for your assistance in this matter.
Sincerely,
[insert your name]
Sample Letter: Make Modifications to Your Individual Program Plan (“IPP”)
Begin the letter with a header containing the following:
- Your name and contact information.
- The name and contact information of the DDS regional center you’re sending the letter to.
- A subject line.
Next, use the following template and fill out the details specific to your case:
Dear [Service Coordinator’s Name or, alternatively, the name of the DDS regional center you’re writing to],
Pursuant to the Lanterman Act, I am writing to request a meeting to review and modify my Individual Program Plan (“IPP”). My circumstances and support needs have changed, and I believe updates are necessary to ensure the plan continues to meet my goals and current situation.
Specifically, I would like to discuss [briefly characterize the changes you want to make to your IPP and briefly explain why these changes are necessary].
Please contact me to schedule the earliest available IPP meeting.
Thank you for your prompt attention to this matter.
Sincerely,
[insert your name]
Exercising Your Rights
Always remember, you have a right to request and control all California DDS appeals, records requests, and modifications related to your care plan. In each scenario, the process begins by contacting your regional center. Use these letters to initiate the process. And for additional support, reach out to community advocacy and support groups.