Intake & Eligibility
Appeal Process
The state’s developmental services community is best served by an open exchange of information and opinions, and DDS is committed to resolving problems and concerns when they occur. Below are the multiple options consumers and family members have for filing appeals and complaints.
Early Start Processes (For Children From Birth to Age 3)
Early Start is for infants and toddlers under the age of three who are at risk of having a developmental disability or have a developmental disability or delay, and their families. There are three separate processes in place for addressing disagreements that arise under this program.
The Early Start Mediation Conference Requests
This is a voluntary process, on the part of both parties, used to resolve disagreements between a parent and a regional center or a local educational agency involving any matter related to Early Start or related to a proposal or refusal to change or initiate the identification, evaluation, assessment, placement, or services. Mediation may be used as the first option for resolution or may be requested at any time during a due process hearing or the complaint process. The mediation conference must be completed within 30 days from the receipt of the request by the Office of Administrative Law.
Early Start Due Process Hearing
This process is used to resolve disagreements between parents and a regional center or local educational agency involving any matter related to Early Start or related to a proposal or refusal to change or initiate the identification, evaluation, assessment, placement, or services.This hearing must be completed within 30 days from receipt of the request by the Office of Administrative Law. The decision is final unless appealed to the superior court of appropriate jurisdiction or civil action is brought by any aggrieved parties.
The Early Start State Complaint Process
This process is used to investigate and resolve any alleged violation of federal or state statutes or regulations governing the Early Start program. DDS, and if the complaint involves a local educational agency, the California Department of Education investigates the allegations and issues a written decision to all parties within 60 days of receipt of the complaint. (See California Code of Regulations, Title 17, Sections 52170-52174).
Fair Hearings Complaint Process (3 and Up)
Fair Hearing
The fair hearing process is a process for resolving disagreements between the regional center or state developmental center and consumers or applicants who are age three or older.
Under the fair hearing process, disagreements may be about services, eligibility, or any decision or action of the regional center or state developmental center with which you disagree. The fair hearing process includes a voluntary informal meeting, mediation, and a fair hearing. The fair hearing brochure and necessary forms to file for a fair hearing and withdraw from a fair hearing are available from your local regional center or by using the following links. If you have questions about the fair hearing process, you may contact your local regional center or the Department of Developmental Services at 916-651-6309.