Your Rights: Appeals, Complaints, & Whistleblower
View the California Department of Developmental Services (DDS) website in order to obtain description of the appeals procedure set forth in Chapter 7 of the Lanterman Act. You may also call DDS at (916) 654-1690.
The Department of Developmental Services established an Office of the Ombudsperson to assist individuals and/or their families who are applying for or receiving regional center services regarding the Lanterman Developmental Disabilities Services Act. Beginning December 1, 2022, this new Office will be available to provide information, facilitate resolutions to disagreements and complaints, make recommendations to the Department, and compile and report data.
The following is contact and webpage information for the Office:
• Toll-free telephone number: 1 (877) 658-9731.
Calls will be answered on workdays by an Ombudsperson staff member during the hours of 10:00 a.m. to 3:00 p.m.
Outside of these hours, the caller will be able to connect to the Office’s voicemail via automated options.
Ombudsperson staff will return the call by close of business the next workday.
• Webpage: Office of the Ombudsperson
• Intake form: Online intake form
• Email address: Ombudsperson@dds.ca.gov
Consumer Rights Complaint Process
- The Consumer Rights Complaint 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.
- to be provided with an interpreter,
- to access your regional center records,
- to have help during an appeal,
- to request a different mediator or hearing officer,
- the regional center cannot use an attorney unless you do,
- your rights at the hearing to provide written documents as evidence,
- to have witnesses testify,
- to ask the regional center's witnesses questions.
- DDS Appeals Process
- Lanterman Act Appeals Information Packet
- Your Appeal Rights
- Appeals Process Flow Chart
- 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.
- The Early Start Mediation Conference Requests is a voluntary process used to informally resolve disagreements between a parent, as defined in law, and a regional center or a local education agency related to any alleged violation of federal or state statutes/regulation governing California's Early Start Program, including eligibility and services, or related to a proposal or refusal for identification, evaluation, assessment, placement, or services. Mediation can be requested as the first option for resolution or can also be requested when during a complaint or due process hearing process, if a parent decides that mediation might be more appropriate. A complaint must be withdrawn if the Complainant elects to participate in mediation within the 60 day complaint investigation.
- The Early Start Due Process Hearing is used to resolve disagreements between parents and a regional center or a local education agency related to a proposal or refusal for identification, evaluation, assessment, placement, or services.
- The Early Start State Complaint Process is used to investigate and resolve any alleged violation of federal or state statutes or regulations governing California's Early Start.
- Family Home Agency Appeals
- The Family Home Agency (FHA) appeal process can be used by a FHA applicant or vendor to appeal actions taken by a regional center concerning the FHA's vendorization, Certificate of Approval and movement of a consumer.
- Language Access Complaint Process
- It is the policy of the Department of Developmental Services to provide the public equal access to information about its programs and provision of services. DDS strives to reduce and/or eliminate any language barriers for persons who are non-English speaking or who have limited English proficiency. In accordance with the Dymally-Alatorre Bilingual Services Act and Title VI of Civil Rights Act of 1964, DDS provides verbal interpretation and translation of written materials regarding the DDS service delivery system in the languages that meet a 5 percent threshold of the persons served, as well as many of other non-threshold languages as possible by utilizing certified bi-lingual DDS staff or contracted services.
- Title 17 Complaint Procedure
- The Title 17 Complaint 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.
- Vendorization Appeals
- The Vendorization Appeal process can be used to appeal a denial of vendorization application, termination of vendorization, or failure of a regional center to comply with regulations.
- Residential Facility Appeals
- A vendored community care facility may appeal the actions taken by a regional center regarding service level disapproval, sanctions, findings of substantial inadequacy or immediate danger, or enforcement of any requirement by the regional center which is not contained in Title 17, California Code of Regulations.
- Rates Appeals
- The Rates Appeal process may be used by a vendor to appeal a rate set by the Department of Developmental Services, the effective date of the rate, or the denial of a rate adjustment.
- 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.
- 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 which 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. The form is in the Adobe Acrobat format which should be printed and submitted by mail. (English | Spanish)
- Consumer Complaint & Appeal Processes Manual
- This Consumer Complaint and Appeal Processes manual outlines information on DDS consumer complaint processes, along with the appropriate application forms.
(English | Spanish)
Appeals Process:
The regional center must send you a Notice of Action (NOA) when the regional center makes a decision without your written agreement. The NOA must tell you the regional center’s decision, the date the decision will happen, the reason for the decision, the facts and law that support the decision, and the NOA must be in plain language and in your preferred language.
The Regional Center will send a Notice of Action Form (DS1820) within 5 working days after denying a service you want or decides you are not eligible to become a regional center consumer OR 30 days before Regional Center stops or changes your services or ends your eligibility for regional center services.
You may then request an appeal via this form; Request an Appeal Form within 60 days after receiving the Notice of Action from the regional center. Current services shall continue during the appeal process IF the Request for Appeal is sent within 30 days after receiving the Notice of Action from the regional center.
You have rights during an appeal:
Enclosed are sample forms used in the appeals process:
Additional info and resources on the appeals process:
For more details, view our Fact Sheet in your preferred language: (English, Spanish, Chinese, Korean, Vietnamese)
Early Start Complaint Processes (For Children From Birth to Age 3)