Anytime you or your livelihood are subject to a decision by the state government, you are usually entitled to appeal if you disagree with the decision. That’s true for participants of the Self-Determination Program in California. These participants' SDP rights mirror those of regional center customers who receive services through the traditional method.
Generally, those who feel their Self-Determination Program rights have been violated have one of two complaints:
- They disagree with a regional center’s decision related to their individual program plan (IPP), individual budget, spending plan, or overall SDP eligibility.
- They feel one or more of their statutory rights as someone with an intellectual or developmental disability (IDD) have been violated.
If the nature of your complaint is more related to the first type, you may initiate the Fair Hearing Process. In the latter’s case, you may start the Consumer Complaint Process. Let’s break down these procedures below so you know what to expect during an appeal.
What is a Fair Hearing?
A Fair Hearing is the process of alleviating disagreements between regional centers and consumers regarding support services.
SDP participants usually decide they want to start this process after receiving a Notice of Action (NOA), a required letter notifying them they have been denied a service or SDP eligibility.
If you disagree with your regional center’s decision as explained in an NOA, act quickly.
Responding within 10 days will ensure you retain any services you are currently receiving during the appeals process. That timeline may extend to 30 days in some circumstances, but the letter expressing your disagreement must be postmarked within 10 days of the NOA’s receipt.
You lose your chance at a Fair Hearing if you do not respond within 60 days after receiving the NOA.
Before the Fair Hearing
Instead of attending a formal Fair Hearing, SDP participants may opt for a voluntary informal meeting or mediation with a regional center representative. Regional centers also reserve the right to reject these informal appeal attempts and jump straight to the Fair Hearing.
The regional center must act in a timely manner at each stage of the appeals process. Participants usually receive a Fair Hearing within 50 days of requesting one.
What is the Consumer Complaint Process?
The Consumer Complaint Process, also known as a 4731 Complaint, is appropriate when an SDP participant or regional center customer believes a fundamental disability right of theirs has been abused or violated.
The purpose of this process is for the regional center to potentially change its procedures so a similar violation doesn’t happen again. The regional center might find that no rights were violated.
Appealing the Regional Center’s Decision
The processes for appealing a Fair Hearing decision or regional center response to a 4731 complaint are similar.
You may appeal to the appropriate court if you disagree with the Fair Hearing decision. If you aren’t satisfied with the regional center’s response to your 4731 complaint, you may write an appeal to the state Department of Developmental Services (DDS) director.
Both appeals must be filed within 15 days after receiving the decision. The regional center will implement its Fair Hearing decision within 30 days, or 4731 complaint resolution within 20 days, if you do not file an appeal.
Protecting your SDP Rights
You have certain rights during the appeals process. For instance, you:
- May have an attorney at the Fair Hearing
- May cross-examine witnesses and bring your own to the hearing
- Are owed access to certain regional center documents
- May have an interpreter if necessary
One of the best ways to ensure your rights are protected at any stage is to have an experienced independent facilitator by your side. This person can ensure your interests are well-represented and that your regional center follows the Self-Determination Program requirements laid out by state law.
To find out how you or a loved one can benefit from NeuroNav’s independent facilitation services, sign up for a free consultation here. We look forward to speaking with you soon!
