What is the Lanterman Act?
The Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code, Division 4.5) is the state law that:
- Establishes the right to services for Californians with developmental disabilities
- Creates the regional center system to deliver those services
- Guarantees specific legal protections and rights
- Requires individualized, person-centered planning
- Provides appeal procedures when rights are violated
- Protects against discrimination and retaliation
Who is Covered by the Lanterman Act?
The Lanterman Act protects all individuals who:
- Are eligible for or receiving DDS services
- Have applied for services (even if not yet determined eligible)
- Have developmental disabilities as defined by California law
- Reside in California, regardless of immigration status
Lanterman Act Principles
The law is built on fundamental principles that guide all DDS services:
Community Integration
Services should support you to live, work, and participate in your community, not in segregated or institutional settings.
Individualization
Services must be tailored to your unique needs, preferences, and goals—not one-size-fits-all.
Choice and Control
You have the right to make decisions about your own life and the services you receive.
Family Involvement
Families are partners in planning and should be supported in their caregiving role.
Cultural Competence
Services must respect your cultural background, language, and values.
Least Restrictive
Services should be provided in the least restrictive setting appropriate to your needs.
Learn More About the Lanterman Act:
Your Core Rights Under California Law
The Lanterman Act guarantees you specific rights. Here are the fundamental protections every DDS participant has:
Right to Services
If you meet eligibility criteria, you have the right to receive services and supports necessary to meet your needs. Regional centers cannot deny services based on cost or availability of funding.
Right to an Individual Program Plan (IPP)
You have the right to a written plan developed with your input that identifies your goals and the services you'll receive to achieve them.
Right to Participate in Planning
You (or your conservator/guardian) have the right to participate in all decisions about your services, choose who attends planning meetings, and have your preferences respected.
Right to Choose Service Providers
You have the right to select from available qualified vendors and change providers if you're not satisfied with services.
Right to Appeal
You can appeal any regional center decision you disagree with, including eligibility denials, service reductions, or terminations.
Right to Confidentiality
Your personal information and records are protected by state and federal privacy laws. Regional centers cannot share your information without your consent (with limited exceptions).
Right to an Advocate
You have the right to have family members, friends, or professional advocates assist you and attend meetings with you.
Right to Written Notice
Regional centers must provide written notice before taking any action that affects your services, explaining the decision and your appeal rights.
Right to Language Access
You have the right to interpretation and translation services in your preferred language at no cost.
Right to Non-Retaliation
Regional centers cannot retaliate against you for exercising your rights, filing complaints, or requesting appeals.
Right to Accessibility
You have the right to accessible facilities, communications, and reasonable accommodations under the ADA and California law.
Right to Timely Services
Regional centers must meet legal timelines for eligibility determinations, IPP meetings, and service implementation.
Right to Services
One of the most important protections under the Lanterman Act is your right to services. This means regional centers must provide the services and supports you need to meet the goals in your IPP.
What Does "Right to Services" Mean?
- Services must be provided – If you're eligible and a service is necessary to meet your needs, the regional center must authorize it
- Cost is not a valid reason for denial – Regional centers cannot deny services solely because they're expensive or the center lacks funding
- Services must be adequate – The amount and type of services must be sufficient to meet your needs, not just minimal support
- Services must be timely – You shouldn't have to wait unreasonably long to receive authorized services
- Services must be appropriate – Supports should be evidence-based and tailored to your specific situation
📌 Landmark Case: Coffelt v. DDS
California courts have repeatedly affirmed that the Lanterman Act creates an entitlement to services. In Coffelt v. Department of Developmental Services, the court ruled that regional centers cannot use lack of funding as a reason to deny necessary services.
What Services Are Covered?
The Lanterman Act covers a broad range of services, including but not limited to:
Early Intervention
Therapy and supports for children 0-3
Residential Supports
Independent living, supported living, group homes
Employment Services
Job coaching, supported employment
Day Programs
Activity centers, community participation
Family Support
Respite care, parent training, counseling
Behavioral Supports
Behavior plans, mental health services
Transportation
Travel training, transportation assistance
Assistive Technology
Communication devices, adaptive equipment
What If Services Are Denied?
If the regional center denies a service you've requested, they must:
- Provide a written Notice of Proposed Action explaining the decision
- Identify the specific reasons for denial
- Inform you of your right to appeal
- Continue existing services during the appeal (in most cases)
You have the right to appeal service denials through mediation or fair hearing.
Service Rights Resources:
Right to Choice and Control
The Lanterman Act emphasizes person-centered planning, which means you have the right to make choices about your own life and maintain control over the services you receive.
Your Choice and Control Rights Include:
🎯 Setting Your Own Goals
Your IPP should reflect your goals and priorities, not what others think is best for you. You have the right to pursue goals related to employment, education, relationships, community participation, and independent living.
👥 Choosing Your Planning Team
You decide who participates in your IPP meetings. You can invite family members, friends, advocates, service providers, or anyone else you want involved in planning.
🏢 Selecting Service Providers
You have the right to choose from qualified vendors. If you're not satisfied with a provider, you can request a change. Regional centers must offer you meaningful choices among providers.
🏡 Deciding Where You Live
You have the right to choose your living arrangement. Regional centers cannot require you to live in a particular type of setting as a condition of receiving services.
💼 Choosing How You Spend Your Day
You can decide whether you want to work, attend a day program, volunteer, or pursue other activities. You're not required to accept employment services or day programs if they don't align with your goals.
💰 Controlling Your Budget (Self-Determination)
Through the Self-Determination Program, you can have even greater control over your services and how funding is used to meet your needs.
Self-Determination Program
California's Self-Determination Program offers an enhanced level of choice and control. Through this program, you:
- Receive an individual budget to purchase services and supports
- Have greater flexibility in how services are delivered
- Can hire your own workers or purchase non-traditional services
- Work with an independent facilitator to help manage your plan
- Maintain control over decision-making
Learn more about the Self-Determination Program and how to participate.
What If Your Choices Are Being Ignored?
If you feel that your preferences are not being respected or your voice is not being heard in planning:
- Request a new IPP meeting to discuss concerns
- Bring an advocate to help communicate your preferences
- Document instances where your choices were overridden
- File a complaint with the regional center or DDS
- Request mediation or a fair hearing if necessary
Choice and Control Resources:
Right to Appeal Decisions
One of the most critical protections under the Lanterman Act is your right to appeal regional center decisions you disagree with. This right ensures you have recourse when services are denied, reduced, or terminated.
What Decisions Can You Appeal?
- Eligibility denials – Regional center determines you're not eligible for services
- Service denials – Requested services are not authorized in your IPP
- Service reductions – Amount of services is decreased
- Service terminations – Services are ended
- Delayed services – Unreasonable wait times for authorized services
- Vendorization issues – Disputes about approved service providers
- IPP disputes – Disagreement about goals or services in your plan
Appeal Process Overview
California law provides several levels of appeal:
Informal Resolution
Try to resolve the issue directly with your service coordinator or regional center management. Many disputes can be resolved without formal proceedings.
Timeframe: Anytime before or during formal appeal
Mediation (Optional)
Voluntary process where a neutral mediator helps you and the regional center reach an agreement. Mediation is free, confidential, and can be faster than a hearing.
Timeframe: Can be requested anytime; typically completed within 30-60 days
Fair Hearing
Formal legal hearing before an administrative law judge. You present evidence and testimony to challenge the regional center's decision. The judge issues a binding written decision.
Timeframe: Must be requested within 65 days of receiving the Notice of Proposed Action
Critical deadline: Don't miss the 65-day window!
Judicial Review (Rare)
If you disagree with the fair hearing decision, you can file a petition for judicial review in superior court. This requires an attorney and is used only in exceptional cases.
Timeframe: Must be filed within timeframes specified in the hearing decision
⏰ Important Appeal Deadlines
You have 65 days from the date you receive a Notice of Proposed Action to request a fair hearing. This deadline is strictly enforced. If you miss it, you lose your right to appeal.
Tip: File your appeal request as soon as possible, even if you're still gathering evidence. You can supplement your case later.
Notice of Proposed Action (NOPA)
Before taking any action that affects your services, the regional center must send you a Notice of Proposed Action. This written notice must include:
- Clear description of the proposed action
- Effective date of the action
- Specific reasons for the decision
- Evidence or facts supporting the decision
- Your right to appeal and how to do so
- Deadline for requesting an appeal (65 days)
- Your right to continue receiving services during the appeal (in most cases)
If the NOPA doesn't include all required information, it may be invalid. Learn how to read and understand a Notice of Proposed Action.
Aid Paid Pending
In most cases, when you file a timely appeal, you have the right to "aid paid pending"—meaning your current services continue unchanged while your appeal is being heard. This protects you from service disruptions during the appeal process.
Do I Need a Lawyer to Appeal?
You don't need an attorney to file an appeal or participate in mediation or a fair hearing. Many people successfully represent themselves. However, legal representation can be helpful, especially for complex cases.
Free legal resources:
- Disability Rights California – Free legal services for people with disabilities
- Regional center clients' rights advocates
- Legal aid organizations
- Pro bono attorney programs
Confidentiality and Privacy Rights
Your personal information, medical records, and details about your services are protected by both state and federal privacy laws, including HIPAA (Health Insurance Portability and Accountability Act) and CCPA (California Consumer Privacy Act).
What Information is Protected?
Protected information includes:
- Medical and psychological records
- Assessment and evaluation reports
- Individual Program Plan (IPP) and related documents
- Service coordinator notes and case files
- Information about services you receive
- Personal identifying information (Social Security number, address, etc.)
- Diagnoses and treatment information
Who Can Access Your Records?
Without your consent, your information can only be shared with:
- Regional center staff directly involved in your case
- Service providers authorized in your IPP
- State oversight agencies (DDS, licensing entities)
- Law enforcement with a valid court order or subpoena
- Mandatory reporting situations (child or elder abuse)
Your Confidentiality Rights
Right to Access Your Records
You have the right to review and obtain copies of your regional center file, IPP, assessments, and other records. Regional centers must provide copies within 15 days of your request.
Right to Request Corrections
If information in your records is inaccurate or incomplete, you can request corrections. If the regional center refuses, you have the right to add a statement of disagreement to your file.
Right to Control Disclosure
You decide who can receive information about you. You can authorize (or refuse to authorize) the regional center to share information with specific individuals or organizations.
Right to Written Authorization
Before sharing your information (except in legally required situations), the regional center must obtain your written consent. You can revoke authorization at any time.
Right to Know Who Accessed Your Records
You can request an accounting of disclosures—a list of who has accessed your records and why.
Right to File a Privacy Complaint
If you believe your privacy rights have been violated, you can file a complaint with DDS, the Office for Civil Rights (HHS), or the California Attorney General.
Immigration Status and Confidentiality
Regional centers cannot share your immigration status or personal information with immigration authorities. Your participation in DDS services is confidential and protected regardless of your immigration status.
Privacy Resources:
Privacy Resources:
Accessibility and Accommodation Rights
In addition to the Lanterman Act, you're protected by the Americans with Disabilities Act (ADA) and California's accessibility laws. These laws guarantee your right to participate fully in services without discrimination.
ADA Title II Rights
As a participant in a state-funded program, you have rights under ADA Title II, which covers state and local government services including regional centers.
Physical Accessibility
Regional center offices, meeting locations, and service sites must be physically accessible to people with mobility disabilities. This includes:
- Wheelchair-accessible entrances and pathways
- Accessible parking
- Accessible restrooms
- Elevators or ramps where needed
Communication Accessibility
Regional centers must provide effective communication for people with hearing, vision, or speech disabilities, including:
- Sign language interpreters (ASL, other languages)
- Documents in accessible formats (large print, Braille, electronic)
- Assistive listening devices
- Video remote interpreting (VRI)
- Communication boards or other AAC devices
Reasonable Modifications
Regional centers must make reasonable changes to policies, practices, or procedures to ensure equal access. Examples include:
- Extended time for meetings or decision-making
- Alternative meeting formats (video, phone, home visits)
- Modified paperwork procedures
- Service animal accommodations
- Sensory-friendly environments
Digital Accessibility
Regional center websites, online forms, and digital communications must meet WCAG 2.1 AA standards to ensure access for people using assistive technology.
Language Access Rights
You have the right to services in your preferred language. Regional centers must provide:
- Interpretation services at no cost for all meetings, assessments, and planning sessions
- Translated documents in threshold languages (languages spoken by a significant portion of the service area population)
- Bilingual staff when possible
- Notice of language rights in multiple languages
Deaf, Hard of Hearing & DeafBlind Services
California provides specialized services for Deaf, Hard of Hearing, and DeafBlind individuals through regional centers. You have the right to:
- Qualified ASL interpreters (not family members)
- Communication in your preferred method (ASL, tactile signing, oral, etc.)
- Assistive technology and equipment
- Specialized service coordinators familiar with Deaf culture
Protection from Retaliation
The Lanterman Act explicitly protects you from retaliation. Regional centers cannot punish you, reduce your services, or treat you negatively because you exercised your rights.
What is Retaliation?
Retaliation occurs when a regional center takes adverse action against you because you:
- Filed an appeal or fair hearing request
- Requested mediation
- Filed a complaint with DDS or other agencies
- Disagreed with regional center recommendations
- Advocated for additional or different services
- Brought an attorney or advocate to meetings
- Requested records or information
- Reported violations or concerns
- Spoke publicly about your experience
- Refused to sign documents you disagreed with
Examples of Retaliatory Actions
❌ Service Reductions
Cutting services shortly after you file an appeal or complaint
❌ Hostile Treatment
Service coordinator becomes unresponsive, rude, or unhelpful after you assert rights
❌ Delayed Services
Unreasonable delays in processing requests or scheduling meetings
❌ Threats or Intimidation
Warnings that services will be reduced if you continue to appeal or complain
❌ Negative Documentation
Adding negative or inaccurate information to your file after you exercise rights
❌ Provider Restrictions
Limiting your choice of vendors or making it difficult to change providers
What to Do If You Experience Retaliation
- Document everything – Keep detailed records of dates, conversations, and actions that appear retaliatory
- Report immediately – File a complaint with the regional center director and DDS Office of Human Rights and Advocacy Services
- Request investigation – Ask for a formal investigation of retaliation
- Contact advocacy organizations – Disability Rights California and other groups can help
- File a fair hearing – Challenge retaliatory actions through the appeals process
- Consider legal action – Retaliation may violate state and federal law; consult an attorney
Your Right to Advocate is Protected
You should never fear retaliation for standing up for your rights. California law is clear: exercising your rights cannot be used against you. If you experience any form of retaliation, report it immediately.
Self-Determination Rights
California's Self-Determination Program offers participants enhanced rights to control their services and supports. This voluntary program provides greater flexibility and choice than traditional regional center services.
Self-Determination Program Rights
If you participate in Self-Determination, you have additional rights including:
💰 Individual Budget
You receive a budget allocation that you control, allowing you to purchase services and supports that meet your unique needs and preferences.
📋 Flexible Service Planning
You can design creative solutions and purchase non-traditional services not typically available through regional centers.
👤 Independent Facilitator
You select an independent facilitator who works for you (not the regional center) to help develop and implement your plan.
🤝 Financial Management Service
You choose a Financial Management Service (FMS) to handle payroll, taxes, and other financial administration.
✅ Hiring Authority
You can directly hire, supervise, and terminate your own support workers.
🔄 Portability
Your Self-Determination services can move with you if you relocate within California.
Who is Eligible for Self-Determination?
Self-Determination is available to individuals who:
- Are currently eligible for regional center services
- Are willing to take on more responsibility for planning and managing services
- Have a support network (family, friends, or facilitator) to assist with decision-making if needed
Note: Not all regional centers have openings in Self-Determination. Some maintain waiting lists. Ask your service coordinator about availability.
Can I Switch Back to Traditional Services?
Yes. Participation in Self-Determination is voluntary. You can return to traditional regional center services at any time if Self-Determination isn't working for you.
Right to Advocacy and Support
You have the right to have others support and advocate for you throughout your interactions with the regional center system. This includes family members, friends, professional advocates, and attorneys.
Who Can Advocate for You?
Family Members & Friends
Your family and trusted friends can attend meetings, help with planning, speak on your behalf, and support decision-making.
Independent Advocates
Professional advocates who specialize in disability rights and DDS systems can provide expert guidance and representation.
Clients' Rights Advocates
Each regional center has a clients' rights advocate who provides free information about your rights and can assist with complaints.
Disability Rights Organizations
Organizations like Disability Rights California offer free legal services and advocacy support.
Attorneys
Lawyers specializing in disability law can represent you in appeals, fair hearings, and litigation. Many work pro bono or on contingency.
Conservators & Guardians
Court-appointed conservators or guardians have legal authority to make decisions and advocate on behalf of conserved individuals.
Your Rights When Working with Advocates
- Right to bring advocates to all meetings – You can have anyone you choose attend IPP meetings, intake interviews, and other regional center interactions
- Right to have advocates speak for you – Your advocate can present information, ask questions, and make arguments on your behalf
- Right to private consultation – You can request breaks during meetings to consult privately with your advocate
- Right to share information – You can authorize the regional center to communicate directly with your advocate
- Right to change advocates – You can work with different advocates at different times or stop working with an advocate at any point
Finding Free Advocacy Support
If you need help but can't afford a private advocate or attorney:
- Clients' Rights Advocates – Contact your regional center's clients' rights office
- Disability Rights California – Call 1-800-776-5746 for free legal services
- Area Boards on Developmental Disabilities – Community organizations that provide advocacy and information
- Legal Aid Organizations – Many counties have legal aid that assists with DDS matters
- Parent Support Groups – Connect with other families who can share advocacy strategies
How to Enforce Your Rights
Knowing your rights is the first step. Understanding how to enforce them when they're violated is equally important. Here's what to do when your rights aren't being respected.
Steps to Take When Rights Are Violated
Document Everything
Keep detailed records of:
- Dates and times of incidents
- Names of staff involved
- What was said or done
- Witnesses present
- Copies of all documents and correspondence
Raise Concerns Directly
Start by addressing the issue with:
- Your service coordinator
- The service coordinator's supervisor
- Regional center director
Many issues can be resolved through direct communication.
File a Formal Complaint
If informal resolution doesn't work, file complaints with:
- Regional center's complaint process – Each center has procedures for formal grievances
- DDS Office of Human Rights – State-level oversight of rights violations
- Clients' Rights Advocate – Can investigate and mediate complaints
Request Mediation or Fair Hearing
For service-related rights violations, use the appeal process:
- Request mediation for collaborative problem-solving
- File for fair hearing within 65 days of receiving notice
- Present evidence of rights violations to an administrative law judge
Contact External Agencies
For serious violations, contact:
- Disability Rights California – 1-800-776-5746
- Protection & Advocacy, Inc. – Legal advocacy organization
- Office for Civil Rights (HHS) – For privacy (HIPAA) violations
- Department of Justice – For ADA violations
Seek Legal Representation
For persistent or severe rights violations:
- Consult with a disability rights attorney
- Explore pro bono legal services
- Consider litigation if other remedies fail
You Don't Have to Accept Rights Violations
The Lanterman Act provides strong protections and multiple pathways to enforce your rights. Don't be discouraged if the first approach doesn't work—you have options. Persistence and documentation are key.
Key Agencies and Contact Information
California Department of Developmental Services (DDS)
Office of Human Rights and Advocacy Services
Phone: (916) 654-1987
Email: [email protected]
Disability Rights California
Free legal services for people with disabilities
Phone: 1-800-776-5746
Website: disabilityrightsca.org
California Attorney General
Consumer privacy (CCPA) violations
Phone: 1-800-952-5225
Website: oag.ca.gov
Frequently Asked Questions About Your Rights
Can the regional center deny services because of budget constraints?
No. Under the Lanterman Act, regional centers cannot deny necessary services solely due to lack of funding or budget constraints. California courts have repeatedly affirmed that the Lanterman Act creates an entitlement to services. If services are denied for financial reasons, you have strong grounds to appeal the decision.
Do I need a lawyer to enforce my rights?
Not always. Many people successfully advocate for themselves or with help from family members. However, legal representation can be valuable, especially for complex cases or fair hearings. Free legal services are available through Disability Rights California and other organizations.
What if I'm afraid of retaliation for asserting my rights?
Retaliation is illegal under the Lanterman Act. If you experience any form of retaliation, document it immediately and report it to DDS, clients' rights advocates, and advocacy organizations. You are protected by law when you assert your rights.
Can I see my regional center file?
Yes. You have the right to access and obtain copies of your regional center records. The regional center must provide copies within 15 days of your request. You may be charged a reasonable copying fee.
What's the deadline to appeal a decision I disagree with?
You have 65 days from the date you receive a Notice of Proposed Action to request a fair hearing. This deadline is strictly enforced. If you miss it, you may lose your right to appeal. File your appeal request as soon as possible, even if you're still gathering information.
Does the Lanterman Act protect undocumented immigrants?
Yes. DDS services are available to all California residents with developmental disabilities regardless of immigration status. Your participation in DDS services is confidential and regional centers cannot share your immigration information with immigration authorities.
Can I refuse a service that's in my IPP?
Yes. Services in your IPP are offers of support, not mandates. You have the right to decline any service. However, declining services may affect your ability to achieve your IPP goals. You can request an IPP meeting to discuss alternative services if the current plan isn't working for you.
Know Your Rights, Use Your Voice
Understanding your rights is empowering. Use this knowledge to advocate effectively for yourself and your loved ones.
📚 Download Rights Guide
Get a printable summary of your core rights under the Lanterman Act
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