Transcript IPP (Individual Program Plan) Rights and Responsibilities

IPP (Individual Program Plan)
Rights and Responsibilities
EDUCATE.ADVOCATE. PRESENTATION
APRIL 8, 2011
KRISTIE RENEE’ SEPULVEDA-BURCHIT
JUST A MOM OF AN EXTRAORDINARY BOY
Lanterman Act: WIC 4501: Beautiful
 4501. The State of California accepts a responsibility for persons
with developmental disabilities and an obligation to them which it
must discharge. Affecting hundreds of thousands of children and
adults directly, and having an important impact on the lives of their
families, neighbors, and whole communities, developmental
disabilities present social, medical, economic, and legal problems of
extreme importance. The complexities of providing services and
supports to persons with developmental disabilities requires the
coordination of services of many state departments and community
agencies to ensure that no gaps occur in communication or
provision of services and supports. A consumer of services and
supports, and where appropriate, his or her parents, legal guardian,
or conservator, shall have a leadership role in service design.
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IHSS
Social Security
Medi Cal
Lanterman Act: WIC 4501
 An array of services and supports should be
established which is sufficiently complete to meet the
needs and choices of each person with
developmental disabilities, regardless of age or
degree of disability, and at each stage of life and to
support their integration into the mainstream life of
the community. To the maximum extent feasible,
services and supports should be available throughout
the state to prevent the dislocation of persons with
developmental disabilities from their home
communities.
Lanterman Act: WIC 4501
 Services and supports should be available to enable
persons with developmental disabilities to
approximate the pattern of everyday living available
to people without disabilities of the same age.
 Consumers of services and supports, and where
appropriate, their parents, legal guardian, or
conservator, should be empowered to make
choices in all life areas.
Lanterman Act: WIC 4501
 These include promoting opportunities for individuals
with developmental disabilities to be integrated into the
mainstream of life in their home communities, including
supported living and other appropriate community living
arrangements.
 In providing these services, consumers and their
families, when appropriate, should participate in
decisions affecting their own lives, including, but not
limited to, where and with whom they live, their
relationships with people in their community, the way in
which they spend their time, including education,
employment, and leisure, the pursuit of their own
personal future, and program planning and
implementation.
Lanterman Act: WIC 4501
 The contributions made by parents and family
members in support of their children and relatives
with developmental disabilities are important and
those relationships should also be respected and
fostered, to the maximum extent feasible, so that
consumers and their families can build circles of
support within the community.
Lanterman Act: WIC 4501
 The Legislature finds that the mere existence or the delivery of
services and supports is, in itself, insufficient evidence of program
effectiveness.
 It is the intent of the Legislature that agencies serving persons with
developmental disabilities shall produce evidence that their services
have resulted in consumer or family empowerment and in more
independent, productive, and normal lives for the persons served.
 It is further the intent of the Legislature that the Department of
Developmental Services, through appropriate and regular
monitoring activities, ensure that regional centers meet their
statutory, regulatory, and contractual obligations in providing
services to persons with developmental disabilities. The Legislature
declares its intent to monitor program results through continued
legislative oversight and review of requests for appropriations to
support developmental disabilities programs.
Lanterman Act: WIC 4502 Rights
 4502. Persons with developmental disabilities have
the same legal rights and responsibilities guaranteed
all other individuals by the United States
Constitution and laws and the Constitution and laws
of the State of California. No otherwise qualified
person by reason of having a developmental
disability shall be excluded from participation in, be
denied the benefits of, or be subjected to
discrimination under any program or activity, which
receives public funds.
Lanterman Act: WIC 4502 Rights
 It is the intent of the Legislature that persons with developmental
disabilities shall have rights including, but not limited to, the
following:
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(a) A right to treatment and habilitation services and supports in the least
restrictive environment. Treatment and habilitation services and supports should
foster the developmental potential of the person and be directed toward the
achievement of the most independent, productive, and normal lives possible.
Such services shall protect the personal liberty of the individual and shall be
provided with the least restrictive conditions necessary to achieve the purposes of
the treatment, services, or supports.
(b) A right to dignity, privacy, and humane care. To the maximum extent
possible, treatment, services, and supports shall be provided in natural
community settings.
(c) A right to participate in an appropriate program of publicly supported
education, regardless of degree of disability.
(d) A right to prompt medical care and treatment.
Lanterman Act: WIC 4502
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(e) A right to religious freedom and practice.
(f) A right to social interaction and participation in community
activities.
(g) A right to physical exercise and recreational opportunities.
(h) A right to be free from harm, including unnecessary physical
restraint, or isolation, excessive medication, abuse, or neglect.
(i) A right to be free from hazardous procedures.
(j) A right to make choices in their own lives, including, but not
limited to, where and with whom they live, their relationships with
people in their community, the way they spend their time, including
education, employment, and leisure, the pursuit of their personal
future, and program planning and implementation.
Lanterman Act: WIC 4502.1
 4502.1. The right of individuals with developmental
disabilities to make choices in their own lives requires
that all public or private agencies receiving state funds
for the purpose of serving persons with developmental
disabilities, including, but not limited to, regional
centers, shall respect the choices made by consumers
or, where appropriate, their parents, legal guardian, or
conservator. Those public or private agencies shall
provide consumers with opportunities to exercise
decision making skills in any aspect of day-to-day living
and shall provide consumers with relevant information
in an understandable form to aid the consumer in
making his or her choice.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 4646. (a) It is the intent of the Legislature to ensure that
the individual program plan and provision of services
and supports by the regional center system is centered on
the individual and the family of the individual with
developmental disabilities and takes into account the
needs and preferences of the individual and the family,
where appropriate, as well as promoting community
integration, independent, productive, and normal lives,
and stable and healthy environments. It is the further
intent of the Legislature to ensure that the provision of
services to consumers and their families be effective in
meeting the goals stated in the individual program plan,
reflect the preferences and choices of the consumer, and
reflect the cost-effective use of public resources.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 (b) The individual program plan is developed
through a process of individualized needs
determination. The individual with developmental
disabilities and, where appropriate, his or her
parents, legal guardian or conservator, or authorized
representative, shall have the opportunity to actively
participate in the development of the plan.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 (c) An individual program plan shall be developed for
any person who, following intake and assessment, is
found to be eligible for regional center services. These
plans shall be completed within 60 days of the
completion of the assessment. At the time of intake, the
regional center shall inform the consumer and, where
appropriate, his or her parents, legal guardian or
conservator, or authorized representative, of the services
available through the local area board and the protection
and advocacy agency designated by the Governor
pursuant to federal law, and shall provide the address
and telephone numbers of those agencies.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 (d) Individual program plans shall be prepared jointly by the
planning team. Decisions concerning the consumer's goals,
objectives, and services and supports that will be included in the
consumer's individual program plan and purchased by the regional
center or obtained from generic agencies shall be made by
agreement between the regional center representative and the
consumer or, where appropriate, the parents, legal guardian,
conservator, or authorized representative at the program plan
meeting.
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Decisions supposed to occur at the IPP. Ask for a supervisor to participate (by
phone if necessary) in child’s IPP so that the entire team can document the
IPP “team decision” on the IPP.
In other words, we shouldn’t have to wait for a supervisor or “committee” to
review requests to address child’s needs.
If told the CSC has the authority to make decisions, make sure you get that in
writing from the Program manager of supervisor. Include in the IPP that you
expect a written denial letter (with appeal packet) within 5 days, as
REQUIRED.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 (e) Regional centers shall comply with the request of
a consumer, or where appropriate, the request of his
or her parents, legal guardian, or conservator, that a
designated representative receive written notice of
all meetings to develop or revise his or her individual
program plan and of all notices sent to the consumer
pursuant to Section 4710. The designated
representative may be a parent or family member.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 (f) If a final agreement regarding the services and
supports to be provided to the consumer cannot be
reached at a program plan meeting, then a subsequent
program plan meeting shall be convened within 15 days,
or later at the request of the consumer or, when
appropriate, the parents, legal guardian, conservator, or
authorized representative or when agreed to by the
planning team. Additional program plan meetings may
be held with the agreement of the regional center
representative and the consumer or, where appropriate,
the parents, legal guardian, conservator, or authorized
representative.
IPP: Lanterman Act WIC 4646 Intention of the IPP
 (g) An authorized representative of the regional center and the
consumer or, where appropriate, his or her parents, legal
guardian, or conservator, shall sign the individual program
plan prior to its implementation. If the consumer or, where
appropriate, his or her parents, legal guardian, or conservator,
does not agree with all components of the plan, they may
indicate that disagreement on the plan. Disagreement with
specific plan components shall not prohibit the
implementation of services and supports agreed to by the
consumer or, where appropriate, his or her parents, legal
guardian, or conservator. If the consumer or, where
appropriate, his or her parents, legal guardian, or conservator,
does not agree with the plan in whole or in part, he or she
shall be sent written notice of the fair hearing rights, as
required by Section 4701.
IPP: Lanterman Act WIC 4646.5 What’s in an IPP
 4646.5. (a) The planning process for the individual program plan
described in Section 4646 shall include all of the following:
 (1) Gathering information and conducting assessments to
determine the life goals, capabilities and strengths, preferences,
barriers, and concerns or problems of the person with
developmental disabilities. For children with developmental
disabilities, this process should include a review of the strengths,
preferences, and needs of the child and the family unit as a whole.
Assessments shall be conducted by qualified individuals and
performed in natural environments whenever possible. Information
shall be taken from the consumer, his or her parents and other
family members, his or her friends, advocates, providers of services
and supports, and other agencies. The assessment process shall
reflect awareness of, and sensitivity to, the lifestyle and cultural
background of the consumer and the family.
IPP: Lanterman Act WIC 4646.5 What’s in an IPP
 (2) A statement of goals, based on the needs, preferences,
and life choices of the individual with developmental
disabilities, and a statement of specific, time-limited
objectives for implementing the person's goals and
addressing his or her needs. These objectives shall be
stated in terms that allow measurement of progress or
monitoring of service delivery. These goals and objectives
should maximize opportunities for the consumer to
develop relationships, be part of community life in the
areas of community participation, housing, work, school,
and leisure, increase control over his or her life, acquire
increasingly positive roles in community life, and develop
competencies to help accomplish these goals.
IPP: Lanterman Act WIC 4646.5 What’s in an IPP
 (3) When developing individual program plans for children,
regional centers shall be guided by the principles, process, and
services and support parameters set forth in Section 4685.
 (4) A schedule of the type and amount of services and
supports to be purchased by the regional center or obtained
from generic agencies or other resources in order to achieve
the individual program plan goals and objectives, and
identification of the provider or providers of service
responsible for attaining each objective, including, but not
limited to, vendors, contracted providers, generic service
agencies, and natural supports. The plan shall specify the
approximate scheduled start date for services and supports
and shall contain timelines for actions necessary to begin
services and supports, including generic services.
IPP: Lanterman Act WIC 4646.5 What’s in an IPP
 (5) When agreed to by the consumer, the parents or legally
appointed guardian of a minor consumer, or the legally appointed
conservator of an adult consumer or the authorized representative,
including those appointed pursuant to subdivision (d) of Section
4548 and subdivision (e) of Section 4705, a review of the general
health status of the adult or child including a medical, dental, and
mental health needs shall be conducted. This review shall include a
discussion of current medications, any observed side effects, and the
date of last review of the medication. Service providers shall
cooperate with the planning team to provide any information
necessary to complete the health status review. If any concerns are
noted during the review, referrals shall be made to regional center
clinicians or to the consumer's physician, as appropriate.
Documentation of health status and referrals shall be made in the
consumer's record by the service coordinator.
IPP: Lanterman Act WIC 4646.5 What’s in an IPP
 (6) A schedule of regular periodic review and reevaluation to ascertain that planned
services have been provided, that objectives have been fulfilled within the times
specified, and that consumers and families are satisfied with the individual program
plan and its implementation. (b) For all active cases, individual program plans shall
be reviewed and modified by the planning team, through the process described in
Section 4646, as necessary, in response to the person's achievement or changing
needs, and no less often than once every three years. If the consumer or, where
appropriate, the consumer's parents, legal guardian, or conservator requests an
individual program plan review, the individual program shall be reviewed within 30
days after the request is submitted. (c) (1) The department, with the participation of
representatives of a statewide consumer organization, the Association of Regional
Center Agencies, an organized labor organization representing service coordination
staff, and the Organization of Area Boards shall prepare training material and a
standard format and instructions for the preparation of individual program plans,
which embodies an approach centered on the person and family. (2) Each regional
center shall use the training materials and format prepared by the department
pursuant to paragraph (1). (3) The department shall biennially review a random
sample of individual program plans at each regional center to assure that these
plans are being developed and modified in compliance with Section 4646 and this
section.
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If on the DDS waiver/Medi Cal normally IPP review occurs annually.
Right to Record IPP 4646.6
 4646.6. Notwithstanding Section 632 of the Penal Code, a
consumer, or his or her parent, guardian, conservator, or authorized
representative, shall have the right to record electronically the
proceedings of the individual program plan meetings on an
audiotape recorder. The consumer, or his or her parent, guardian,
conservator, or authorized representative, shall notify the regional
center of their intent to record a meeting at least 24 hours prior to
the meeting. If the regional center initiates the notice of intent to
audiotape record a meeting and the consumer, or his or her parent,
guardian, conservator, or authorized representative, refuses to
attend the meeting because it will be tape recorded, the meeting
shall not be recorded on an audiotape recorder. However, the
regional center shall have the right to electronically record the
meeting when notice of intent to record has been given by the
consumer or on the consumer's behalf.
4647 (a) Service Coordinators
 4647 (a) “service coordination shall include those
activities necessary to implement an individual program
plan, including, but not limited to, participation in the
individual program plan process; assurance that the
planning team considers all appropriate options for
meeting each individual program plan objective;
securing, through purchasing or by obtaining from
generic agencies or other resources, services and
supports specified in the person's individual program
plan; coordination of service and support programs;
collection and dissemination of information; and
monitoring implementation of the plan to ascertain that
objectives have been fulfilled and to assist in revising the
plan as necessary.”
4647 (b)(c) Service Coordinator
 (b) No person shall continue to serve as a service
coordinator for any individual program plan unless there
is agreement by all parties that the person should
continue to serve as service coordinator.
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Can put request in writing to change service coordinator and when
you sign an IPP it states you want your service coordinator to
continue on as program coordinator. See Form 35FCPP
 (c) Where appropriate, a consumer or the consumer's
parents or other family members, legal guardian, or
conservator, may perform all or part of the duties of the
service coordinator described in this section if the
regional center director agrees and it is feasible.
4648 Dedication to living at home/community
 4648. In order to achieve the stated objectives of a consumer's individual
program plan, the regional center shall conduct activities, including, but
not limited to, all of the following: (a) Securing needed services and
supports. (1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the greatest
self-sufficiency possible and in exercising personal choices. The regional
center shall secure services and supports that meet the needs of the
consumer, as determined in the consumer's individual program plan, and
within the context of the individual program plan, the planning team shall
give highest preference to those services and supports which would allow
minors with developmental disabilities to live with their families, adult
persons with developmental disabilities to live as independently as possible
in the community, and that allow all consumers to interact with persons
without disabilities in positive, meaningful ways. (2) In implementing
individual program plans, regional centers, through the planning team,
shall first consider services and supports in natural community, home,
work, and recreational settings. Services and supports shall be flexible and
individually tailored to the consumer and, where appropriate, his or her
family.
4648 Vendor Choice
 (3) A regional center may, pursuant to vendorization or a contract,
purchase services or supports for a consumer from any individual or
agency which the regional center and consumer or, where
appropriate, his or her parents, legal guardian, or conservator, or
authorized representatives, determines will best accomplish all or
any part of that consumer's program plan.
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(B) A regional center may reimburse an individual or agency for services or
supports provided to a regional center consumer if the individual or agency has a
rate of payment for vendored or contracted services established by the
department, pursuant to this division, and is providing services pursuant to an
emergency vendorization or has completed the vendorization procedures or has
entered into a contract with the regional center and continues to comply with the
vendorization or contracting requirements. The director shall adopt regulations
governing the vendorization process to be utilized by the department, regional
centers, vendors and the individual or agency requesting vendorization.
4648 Provider selection
 (6) The regional center and the consumer, or where
appropriate, his or her parents, legal guardian,
conservator, or authorized representative, including
those appointed pursuant to subdivision (d) of
Section 4548 or subdivision (e) of Section 4705,
shall, pursuant to the individual program plan,
consider all of the following when selecting a
provider of consumer services and supports:
4648 Provider selection, 2009 change (d) least costly provider
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(A) A provider's ability to deliver quality services or supports which can
accomplish all or part of the consumer's individual program plan.
(B) A provider's success in achieving the objectives set forth in the individual
program plan.
(C) Where appropriate, the existence of licensing, accreditation, or professional
certification.
(D) The cost of providing services or supports of comparable quality by different
providers, if available, shall be reviewed, and the least costly available provider of
comparable service, including the cost of transportation, who is able to
accomplish all or part of the consumer's individual program plan, consistent with
the particular needs of the consumer and family as identified in the individual
program plan, shall be selected. In determining the least costly provider, the
availability of federal financial participation shall be considered. The consumer
shall not be required to use the least costly provider if it will result in the
consumer moving from an existing provider of services or supports to more
restrictive or less integrated services or supports.
(E) The consumer's or, where appropriate, the parents, legal guardian, or
conservator of a consumer's choice of providers.
4648 Satisfied with services
 (7) No service or support provided by any agency or
individual shall be continued unless the consumer
or, where appropriate, his or her parents, legal
guardian, or conservator, or authorized
representative, including those appointed pursuant
to subdivision (d) of Section 4548 or subdivision (e)
of Section 4705, is satisfied and the regional center
and the consumer or, when appropriate, the person's
parents or legal guardian or conservator agree that
planned services and supports have been provided,
and reasonable progress toward objectives have been
made.
4648 2009 change experimental treatments
 (15) Notwithstanding any other provision of law or
regulation to the contrary, effective July 1, 2009, regional
centers shall not purchase experimental treatments,
therapeutic services, or devices that have not been
clinically determined or scientifically proven to be
effective or safe or for which risks and complications are
unknown. Experimental treatments or therapeutic
services include experimental medical or nutritional
therapy when the use of the product for that purpose is
not a general physician practice.
4648 Advocacy Civil Legal Service Rights
 (b) (1) Advocacy for, and protection of, the civil, legal,
and service rights of persons with developmental
disabilities as established in this division. (2) Whenever
the advocacy efforts of a regional center to secure or
protect the civil, legal, or service rights of any of its
consumers prove ineffective, the regional center or the
person with developmental disabilities or his or her
parents, legal guardian, or other representative may
request the area board to initiate action under the
provisions defining area board advocacy functions
established in this division. (c) The regional center may
assist consumers and families directly, or through a
provider, in identifying and building circles of support
within the community.
4648 (g) Identified gaps
 (g) Where there are identified gaps in the system of
services and supports or where there are identified
consumers for whom no provider will provide
services and supports contained in his or her
individual program plan, the department may
provide the services and supports directly.
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IHSS
Social Security
Medi Cal
4648 Statement of Services
 (h) At least annually, regional centers shall provide
the consumer, his or her parents, legal guardian,
conservator, or authorized representative a
statement of services and supports the regional
center purchased for the purpose of ensuring that
they are delivered. The statement shall include the
type, unit, month, and cost of services and supports
purchased.
Changes to WIC in 2009 Transportation
 4648.35. Effective July 1, 2009, at the time of development, review, or
modification of a consumer's individual program plan (IPP) or
individualized family service plan (IFSP), all of the following shall apply to
a regional center: (a) A regional center shall not fund private specialized
transportation services for an adult consumer who can safely access and
utilize public transportation, when that transportation is available. (b) A
regional center shall fund the least expensive transportation modality that
meets the consumer's needs, as set forth in the consumer's IPP or IFSP. (c)
A regional center shall fund transportation, when required, from the
consumer's residence to the lowest-cost vendor that provides the service
that meets the consumer's needs, as set forth in the consumer's IPP or
IFSP. For purposes of this subdivision, the cost of a vendor shall be
determined by combining the vendor's program costs and the costs to
transport a consumer from the consumer's residence to the vendor. (d) A
regional center shall fund transportation services for a minor child living in
the family residence, only if the family of the child provides sufficient
written documentation to the regional center to demonstrate that it is
unable to provide transportation for the child.
Changes to WIC 2009
 4648.5. (a) Notwithstanding any other provision of law or
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regulations to the contrary, effective July 1, 2009, a regional centers'
authority to purchase the following services shall be suspended
pending implementation of the Individual Choice Budget and
certification by the Director of Developmental Services that the
Individual Choice Budget has been implemented and will result in
state budget savings sufficient to offset the costs of providing the
following services:
(1) Camping services and associated travel expenses.
(2) Social recreation activities, except for those activities vendored
as community-based day programs.
(3) Educational services for children three to 17, inclusive, years of
age.
(4) Nonmedical therapies, including, but not limited to, specialized
recreation, art, dance, and music
Changes to WIC 2009 EXEMPTION
 (b) For regional center consumers receiving services
described in subdivision (a) as part of their individual
program plan (IPP) or individualized family service plan
(IFSP), the prohibition in subdivision (a) shall take effect
on August 1, 2009. (c) An exemption may be granted on
an individual basis in extraordinary circumstances to
permit purchase of a service identified in subdivision (a)
when the regional center determines that the service is a
primary or critical means for ameliorating the physical,
cognitive, or psychosocial effects of the consumer's
developmental disability, or the service is necessary to
enable the consumer to remain in his or her home and no
alternative service is available to meet the consumer's
needs.
Changes to WIC 2009 Medical/Dental
 4659 (c) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary, regional centers shall
not purchase any service that would otherwise be available from
Medi-Cal, Medicare, the Civilian Health and Medical Program for
Uniform Services, In-Home Support Services, California Children's
Services, private insurance, or a health care service plan when a
consumer or a family meets the criteria of this coverage but chooses
not to pursue that coverage.
 (d) (1) Effective July 1, 2009, notwithstanding any other provision
of law or regulation to the contrary, a regional center shall not
purchase medical or dental services for a consumer three years of
age or older unless the regional center is provided with
documentation of a Medi-Cal, private insurance, or a health care
service plan denial and the regional center determines that an
appeal by the consumer or family of the denial does not have merit
Changes to WIC 2009 Medical/Dental
 Regional centers may pay for medical or dental
services during the following periods:
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(A) While coverage is being pursued, but before a denial is
made.
(B) Pending a final administrative decision on the
administrative appeal if the family has provided to the regional
center a verification that an administrative appeal is being
pursued.
(C) Until the commencement of services by Medi-Cal, private
insurance, or a health care service plan.
4685 Behavioral Group Training/Preschool
 (B) Effective July 1, 2009, at the time of development,
review, or modification of a child’s individualized family
service plan or individual program plan, the regional
center shall consider both of the following:
 (i) The use of group training for parents on behavioral
intervention techniques in lieu of some or all of the inhome parent training component of the behavioral
intervention services.
 (ii) The purchase of neighborhood preschool services and
needed qualified personnel in lieu of infant development
programs.
4686.2 ABA
 4686.2. (a) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary, any vendor who
provides applied behavioral analysis (ABA) services, or intensive
behavioral intervention services or both, as defined in subdivision
(d), shall:
 (1) Conduct a behavioral assessment of each consumer to whom the
vendor provides these services.
 (2) Design an intervention plan that shall include the service type,
number of hours and parent participation needed to achieve the
consumer’s goals and objectives, as set forth in the consumer’s
individual program plan (IPP) or individualized family service plan
(IFSP). The intervention plan shall also set forth the frequency at
which the consumer’s progress shall be evaluated and reported.
 (3) Provide a copy of the intervention plan to the regional center for
review and consideration by the planning team members.
ABA 2009
 (b) Effective July 1, 2009, notwithstanding any other provision of
law or regulation to the contrary, regional centers shall:
 (1) Only purchase ABA services or intensive behavioral intervention
services that reflect evidence-based practices, promote positive
social behaviors, and ameliorate behaviors that interfere with
learning and social interactions.
 (2) Only purchase ABA or intensive behavioral intervention services
when the parent or parents of minor consumers receiving services
participate in the intervention plan for the consumers, given the
critical nature of parent participation to the success of the
intervention plan.
 (3) Not purchase either ABA or intensive behavioral intervention
services for purposes of providing respite, day care, or school
services.
ABA 2009
 (4) Discontinue purchasing ABA or intensive behavioral
intervention services for a consumer when the consumer’s
treatment goals and objectives, as described under subdivision (a),
are achieved. ABA or intensive behavioral intervention services shall
not be discontinued until the goals and objectives are reviewed and
updated as required in paragraph (5) and shall be discontinued only
if those updated treatment goals and objectives do not require ABA
or intensive behavioral intervention services.
 (5) For each consumer, evaluate the vendor’s intervention plan and
number of service hours for ABA or intensive behavioral
intervention no less than every six months, consistent with
evidence-based practices. If necessary, the intervention plan’s
treatment goals and objectives shall be updated and revised.
 (6) Not reimburse a parent for participating in a behavioral services
treatment program.
ABA Definitions
 (d) For purposes of this section the following definitions shall
apply:
 (1) ‘‘Applied behavioral analysis’’ means the design,
implementation, and evaluation of systematic instructional
and environmental modifications to promote positive social
behaviors and reduce or ameliorate behaviors which interfere
with learning and social interaction.
 (2) ‘‘Intensive behavioral intervention’’ means any form of
applied behavioral analysis that is comprehensive, designed to
address all domains of functioning, and provided in multiple
settings for no more than 40 hours per week, across all
settings, depending on the individual’s needs and progress.
Interventions can be delivered in a one-to-one ratio or small
group format, as appropriate.
ABA Evidence Based Practice
 (3) ‘‘Evidence-based practice’’ means a decisionmaking
process that integrates the best available scientifically
rigorous research, clinical expertise, and individual’s
characteristics. Evidence-based practice is an approach
to treatment rather than a specific treatment. Evidencebased practice promotes the collection, interpretation,
integration, and continuous evaluation of valid,
important, and applicable individual-or family-reported,
clinically-observed, and research-supported evidence.
The best available evidence, matched to consumer
circumstances and preferences, is applied to ensure the
quality of clinical judgments and facilitates the most
cost-effective care.
ABA Parent Participation
 (4) ‘‘Parent participation’’ shall include, but shall not be
limited to, the following meanings:
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(A) Completion of group instruction on the basics of behavior
intervention.
(B) Implementation of intervention strategies, according to the
intervention plan.
(C) If needed, collection of data on behavioral strategies and
submission of that data to the provider for incorporation into
progress reports.
(D) Participation in any needed clinical meetings.
(E) Purchase of suggested behavior modification materials or
community involvement if a reward system is used.
Respite 2009
 4686.5. (a) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary, all of the following
shall apply:
 (1) A regional center may only purchase respite services when the
care and supervision needs of a consumer exceed that of an
individual of the same age without developmental disabilities.
 (2) A regional center shall not purchase more than 21 days of out-ofhome respite services in a fiscal year nor more than 90 hours of inhome respite services in a quarter, for a consumer.
 (3) (A) A regional center may grant an exemption to the
requirements set forth in paragraphs (1) and (2) if it is
demonstrated that the intensity of the consumer’s care and
supervision needs are such that additional respite is necessary to
maintain the consumer in the family home, or there is an
extraordinary event that impacts the family member’s ability to
meet the care and supervision needs of the consumer.
Fair Hearing Rights
 4710.5. (a) Any applicant for or recipient of services, or
authorized representative of the applicant or recipient,
who is dissatisfied with any decision or action of
the service agency which he or she believes to be
illegal, discriminatory, or not in the recipient's
or applicant's best interests, shall, upon filing a
request within 30 days after notification of the decision
or action complained of, be afforded an opportunity for a
fair hearing. The opportunity to request a voluntary
informal meeting and an opportunity for mutually agreed
upon voluntary mediation shall also be offered at this
time.
4710.8 Informal Meeting
 At an informal meeting, the claimant shall have the
rights stated pursuant to Section 4701. (b) An informal
meeting shall be held at a time and place reasonably
convenient to the claimant and the authorized
representative. (c) An informal meeting shall be
conducted in the English language. However, if the
claimant, the claimant's guardian or conservator, the
parent of a minor claimant, or the authorized
representative does not understand English, an
interpreter shall be provided who is competent and
acceptable to both the person requiring the interpreter
and the service agency director or the director's designee.
Any cost of an interpreter shall be borne by the service
agency.
Records Request 4725
 4725. For the purposes of this article:
 (a) ‘‘Access’’ means the right to inspect, review, and obtain an accurate copy
of any record obtained in the course of providing services under this
division. A service agency may make a reasonable charge in an amount not
to exceed the actual cost of reproducing the record, unless the imposition of
the cost would prohibit the exercise of the right to obtain a copy. No charge
may be made to search for or retrieve any record.
 (b) ‘‘Record’’ means any item of information directly relating to a person
with developmental disabilities or to one who is believed to have a
developmental disability which is maintained by a service agency, whether
recorded by handwriting, print, tapes, film, microfilm, or other means.
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Template Request Records
http://educateadvocateca.com/Documents/RequestforRecordsRegionalCenter.htm
Request records along with current CDER score right after yearly IPP. CDER score should be
updated by your case worker annually!
Records Request Continued 4514 (d)
 (d) If the person with a developmental disability is a
minor, ward, or conservatee, and his or her parent,
guardian, conservator, or limited conservator with
access to confidential records, designates, in writing,
persons to whom records or information may be
disclosed, except that nothing in this chapter shall be
construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse,
attorney, or other professional to reveal information
that has been given to him or her in confidence by a
family member of the person unless a valid release
has been executed by that family member.
Records Request continued 4728
 4728. Each service agency shall adopt procedures for
granting of requests by persons authorized under
Section 4726 for access to records during regular
business hours, provided that access shall be granted
no later than three business days following the date
of receipt of the oral or written request for access.
Procedures shall include notice of the location of all
records and the provision of qualified personnel to
interpret records if requested.
Tip Put it in Writing!
 Every request made must be in writing. Not over the
phone!
 Follow up conversations with clarifying this in
writing.
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Email Return Receipt
Tip Release Forms Form 202
 Releases form 202 Template
http://educateadvocateca.com/Documents/Releasef
orm202IRC.pdf
 Limit information you want to release. Consider
writing next to signature:
*Authorization to receive records only*
Tips
 Under each goal on the IPP, first line under "From Paid Support Services"
should read:
 "IRC shall identify and pursue all possible sources of funding for
consumers receiving regional center services. CSC will explore appropriate
funding resources." Second line for every goal should read: "If IRC funds
are requested, funding will be in accord with the mandates of the law and
the IRC Board approved policy.“ (insert your regional center=IRC)
 This is in line with WIC code 4659. (a) Except as otherwise provided in
subdivision (b) or (e), the regional center shall identify and pursue all
possible sources of funding for consumers receiving regional center
services. These sources shall include, but not be limited to, both of the
following:
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(1) Governmental or other entities or programs required to provide or pay the cost of
providing services, including Medi-Cal, Medicare, the Civilian Health and Medical Program
for Uniform Services, school districts, and federal supplemental security income and the
state supplementary program.
(2) Private entities, to the maximum extent they are liable for the cost of services, aid,
insurance, or medical assistance to the consumer.
Tips
 Ask your case worker (in writing) for a referral on the
item to the CLINICAL TEAM if your child needs
medical/durable equipment. This is especially important
for those transitioning out of the school district and
requiring a communication device. The case worker can
refer the case to the Clinical Team so that they can work
with the family to secure funding for communication
devices. This is VERY important during the transition
phase from public school (where the equipment will stay
with the SELPA) and into the college or work
environment. The process, due to Medi Cal funding, can
take up to one year so if the parents, consumer and IPP
team know the kiddo is going to graduate they should
initiate the process 1-year prior to graduation.
Tips
 If your child needs a service, program, equipment
make sure to get denials from all other avenues
before asking regional center.
 This includes the school district, the medical
insurance etc. If medical insurance denies you must
appeal service as well. Regional centers are the payor
of last resort!
TIPS
 ABA Social Skills not the same as Social Recreation
 http://www.documents.dgs.ca.gov/oah/DDS_Decisions/2010070292.08
4.pdf#search=2010070292&view=FitH&pagemode=none
 “It is undisputed that this kind of program (ABA discrete trial socialization services)
is outside the scope of social recreation within the meaning of Welfare and
Institutions Code section 4648.5. Accordingly, that provision (and AB 9 of
which it is a part) plays no role in the determination of claimant’s need
for a social class. During the hearing, and in some of the documentation received
in evidence, claimant’s father contended that the service agency improperly (i.e., in
bad faith) denied XXX the requested social class on the basis of AB 9. While it is
true that the service agency referenced AB 9 in its June 30, 2010, letter, the agency
also referenced several other bases for its decision. Further, the evidence did not
establish that the service agency was aware at that time of the precise nature of the
“social class” that claimant wanted. The evidence as a whole did not establish that
the service agency’s June 30, 2010, was in bad faith.
Tips
 Respite and Behavioral Respite are two separate
services under two distinct service codes. A
consumer could have both at the same time.
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Behavioral Respite under the 620 code.
Tip: Never Sign Blank IPP
 Never sign a blank IPP, 35 FCPP
http://educateadvocateca.com/Documents/IPPSignaturePage35FCPP.pdf
 OAH FINDING from August 2010: The greater concern is IRC’s requirement that a
consumer sign a blank ICC 35FCPP form in which the consumer approves of an as
yet unprepared IPP and agrees he or she is satisfied with the actions of IRC
employees. Requiring consumers to sign this form before the IPP meeting is
conducted or an IPP is approved is offensive, especially where IRC is on notice that
a consumer is extremely dissatisfied with the services being provided. An IPP
meeting should be a collaborative effort between all parties which results in a
written IPP which a consumer should be able to review and approve. For IRC
representatives to refuse to complete the December 16, 2009, IPP with claimant
until he signed the document was egregious. IPP is directed to cease and desist
requiring consumers to sign a blank ICRC 35 FCPP form at the start of an IPP
meeting.
 http://www.documents.dgs.ca.gov/oah/DDS_Decisions/2010020172.84.
pdf#search=2010020172&view=FitH&pagemode=none
 Read through IPP, initial each page, sign, put what you don’t agree with, scan entire
document send back to case worker
Tips: Autism Committee
 No other diagnosis has a “committee” making
decisions behind the scenes
 IRC only regional center with hearings involving
“autism” committee
 If you go to hearing request all members of the
Autism Committee subpoened so you can question
their background, qualifications, experience in
autism.
Mandatory Language vs. Best Practices
 “Shall” “Will” “Must” mandatory language
 It is required by Lanterman Act or legislation
 “May” “Can” “Should” best practices language, not
mandatory
Links to Additional Information
 http://www.dds.ca.gov/Statutes/docs/LantermanAct_2
011.pdf Searchable Lanterman Act
 www.cdcan.us California Disabilities Community Action
Network
 Mommy Tsunami
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http://www.facebook.com/pages/MommyTsunami/128284690575532 On Facebook
 www.KTLP.com Keeping the Lanterman Promise
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http://www.facebook.com/pages/CA-Regional-Centers-FamiliesSpeak/107053739324967 On Facebook
 http://educateadvocateca.com/RegionalCenterandDDS.
aspx Regional Center information at this link
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http://www.facebook.com/pages/EducateAdvocate/238320178944
On Facebook