Family Support & Advocacy

Fair Hearing Requests & the Appeal Process

Early Start Complaint 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 which 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.

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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

(For Individuals Age 3 and Older)

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.

For a better understanding of the appeal process, watch the videos below.

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This process is a mechanism to be used when an individual consumer, or any representative acting on behalf of a consumer, believes that any right has been wrongly or unfairly denied by a regional center, developmental center, or a service provider. This process is not to be used by consumers to resolve disputes about eligibility, or the nature, scope, or amount of services.

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.

Fair Hearing Requests & the Appeal Process

Fair Hearing Requests & the Appeal Process

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

Fair Hearings Complaint Process

(For Individuals Age 3 and Older)

Consumer Rights Complaint Process

Title 17 Complaint Procedures

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Fair Hearing Requests & the Appeal Process

Fair Hearing Requests & the Appeal Process

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

Fair Hearings Complaint Process

(For Individuals Age 3 and Older)

Consumer Rights Complaint Process

Title 17 Complaint Procedures

Stay Informed

ABOUT WRC

SERVICES & SUPPORTS

INFORMATION & RESOURCES

JOIN OUR TEAM

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