Regional Center Elibigility, Support and Services

The Law Offices of Angela L. Gilmartin provides consultation, advocacy and legal representation in matters involving developmentally disabled children and adults who may qualify for Regional Center services and individuals who are already Consumers of a Regional Center.

Regional Centers are nonprofit, private corporations under contract with the California Department of Developmental Services that were developed to provide, coordinate, access and monitor services to individuals with developmental disabilities. There are twenty one (21) Regional Centers located throughout California. The enabling legislation that developed the Regional Center system and the services it provides is the Lanterman Developmental Disabilities Act, more commonly referred to as the "Lanterman Act", named after California State Legislator, Frank D. Lanterman.

All services and supports provided by Regional Center should be based on the unique needs of the Consumer, promote maximum independence in the community and help his or her achieve an independent, productive, and satisfyinglife. Although all services provided must be cost effective in nature subject to any generic resources that may be available to others, decisions as to whether services should be provided, and to what extent, must not be arbitrary in nature.

Often, individuals and families with developmental disabilities are not familiar with the rights and protections that are provided under the Lanterman Act. Our office is experienced in evaluating and assisting you in all areas involving Regional Center, including the following:

Early Start and Early Intervention Services
Regional Center Eligibility
The Referral and Assessment Process
The IPP ("Individual Program Plan") and PCP ("Person Centered Plan")
Consumer's Rights
In Home Placement, Residential Placements and Supported Living Options
State Developmental Centers, Civil Commitments and Community Living Options
Denials of Requests for Eligibility
Denials of Request for Supports and Services
Mediations and Fair Hearings
Appeals and Complaints

The Law Offices of Angela L. Gilmartin also provides assistance and representation to developmentally disabled individuals and their families in a variety of areas including special education advocacy and litigation, juvenile and criminal matters, guardianships and conservatorships, special needs trusts and personal injury related to child or dependent adult neglect and abuse.

WHAT IS A DEVELOPMENTAL DISABILITY?

A "Developmental Disability" is defined as a "disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual"... this term shall include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature" (California Welf. & Inst. Code s4512(a).

To be eligible for Regional Center services, a person must have a disability that begins before his or her 18th birthday, be expected to continue indefinitely and present a substantial disability as defined in Section 4512.

Infants and Toddlers (age 0 to 36 months) who are "at risk" of having a developmental disability or who have a developmental delay may also qualify for services. The criteria for determining eligibility is specified in California Gov. Code§ 95014. In addition, individuals who may be "at risk" of having a child with a developmental disability may be eligible for genetic testing, diagnosis, counseling and other prevention services.