Rights: Appeals, Complaints, and Whistleblower

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, family members, vendors and providers have for filing appeals and complaints.

Client Rights

The Lanterman Developmental Disabilities Services Act affirms that individuals with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and the Constitution and laws of the State of California. Section 4502 of the Welfare and Institutions Code includes a list of specific rights. In order to assure that individuals with developmental disabilities and their families know about their rights, the department developed, with the assistance of Capitol People First, Short Center North/DDSO, Inc., Mayer-Johnson Co., a handout graphically illustrating the rights.

Click here to download the handout in various languages.

Clients’ Rights Advocate

The Office of Clients’ Rights Advocacy (OCRA) is part of Disability Rights California. OCRA has a Clients’ Rights Advocate (CRA) at each regional center. The CRA helps protect regional center consumer’s rights. OCRA is funded by the state Department of Developmental Services. The following is the contact information for our Westside Regional Center, Clients’ Rights Advocate, and Assistant CRA.

Matt Alivio – Clients’ Rights Advocate (CRA)
Ana Rivas – Assistant CRA

Mail
Office of Clients’ Rights Advocacy
5901 Green Valley Circle, Suite 150
Culver City, CA 90230

Phone: (310) 846-4949
Fax: (310) 846-4932

Website: https://www.disabilityrightsca.org/what-we-do/programs/office-of-clients-rights-advocacy-ocra/ocra-staff-links
E-mail: Matt.Alivio@disabilityrightsca.org

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.

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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.

Early Start Mediation Conference Request

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.

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.

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)

COMPLAINTS

This procedure is to be used when: (1) one of the “personal rights” of an individual who resides in a developmental center, community care or health care facility, has been formally denied by the facility as allowed in Title 17 of California Code of Regulation Section 50530; and (2) the consumer disagrees with the facility’s decision.

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Citizen Comments and Complaints Form (DS 2007)

If your problem or complaint does not fit one of the above formal processes, DDS has created a form that you may use to submit these complaints or comments to DDS. You may also use the form to acknowledge any individual, regional center, developmental center, or service provider for noteworthy service or conduct.

English Spanish

WHISTLEBLOWER

Regional Center or Vendor/Contractor Whistleblower Complaints

If your complaint relates to an improper activity by a regional center or vendor/contractor, this process can be used to file the complaint with DDS.

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Rights: Appeals, Complaints, and Whistleblower

Rights: Appeals, Complaints, and Whistleblower

Rights: Appeals, Complaints, and Whistleblower

Client Rights

Clients’ Rights Advocate

Fair Hearing

Early Start Complaint Processes
(For Children From Birth to Age 3)

Early Start Mediation Conference Request

Early Start Due Process Hearing

The Early Start State Complaint Process

COMPLAINTS

Consumer Rights Complaint Process

Title 17 Complaint Procedures

Citizen Comments and Complaints Form (DS 2007)

WHISTLEBLOWER

Regional Center or Vendor/Contractor Whistleblower Complaints

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SERVICES & SUPPORTS

INFORMATION & RESOURCES

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Rights: Appeals, Complaints, and Whistleblower

Rights: Appeals, Complaints, and Whistleblower

Rights: Appeals, Complaints, and Whistleblower

Client Rights

Clients’ Rights Advocate

Fair Hearing

Early Start Complaint Processes (For Children From Birth to Age 3)

Early Start Mediation Conference Request

Early Start Due Process Hearing

The Early Start State Complaint Process

COMPLAINTS

Consumer Rights Complaint Process

Title 17 Complaint Procedures

Citizen Comments and Complaints Form (DS 2007)

WHISTLEBLOWER

Regional Center or Vendor/Contractor Whistleblower Complaints

Stay Informed

ABOUT WRC

SERVICES & SUPPORTS

INFORMATION & RESOURCES

JOIN OUR TEAM

Early Start Complaint Processes
(For Children From Birth to Age 3)