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Office of Clients Rights Advocacy

OCRA activities - from Disability Rights California 2008 Annual Report

Improving regional center services and strengthening the Lanterman Act

The Lanterman Act, passed in 1969, is California’s unique legislation establishing a network of 21 centers serving people with developmental disabilities. Disability Rights California has worked since its inception to help improve and extend this law so that it supports children and adults with autism, cerebral palsy, epilepsy and cognitive disabilities in their efforts to become independent.

Oakland regional office staff and OCRA work to improve Regional Center services

Oakland regional office staff and OCRA joined in March 2008 to present an overview of Lanterman Act provisions to a Chinese advocacy group with family members being served by the Regional Center of the East Bay and the Golden Gate Regional Center. Information was provided on rights under the Act and new initiatives in the areas of employment, micro-enterprise and self-directed services.

With help from Disability Rights California, William Daggit has supported living services so he can live near his family

William Daggit is 60 years old, nonverbal and has a cognitive disability. He enjoys frequent contact and support of his family. With less than 24 hours notice to his family, his regional center moved William from a congregate facility close to his family to a congregate facility far away in another county. The family purchased a home where William could live near them and requested supported living services to make this possible. The regional center refused the family’s requests. The family came to us for assistance.

We were able to assist the family in filing a Welfare and Institutions Code complaint against the regional center. There were many complications and delays, but ultimately, through a fair hearing request and mediation, William was able to get supported living services and live near his family.

Disability Rights California helps Juan Gil get accommodations in his day program, and damages

Juan Gil, an adult with developmental disabilities, spent years in institutions before successfully transitioning to the community several years ago. Since 2006 he has attended a day program with a regional center funded aide. In 2007 a new director terminated Gil from the program and Disability Rights California sued on his behalf. In 2007 the court granted our motion for a preliminary injunction, and in 2008 we obtained a favorable settlement. In addition to receiving damages, Gil received accommodations in his day program.

Office of Clients’ Rights Advocates succeeds against bureaucratic barriers

The Office of Clients’ Rights Advocates (OCRA) staff members are working in the 21 regional centers to make sure that the thousands of clients of the centers receive the services and supports provided by law in California. Although Californians with developmental disabilities have rights to educational, medical, vocational and assistive technology services that will increase their independence, implementing these rights can be a challenge. Often, the client or family is denied services for various reasons and their last chance at success is an OCRA staff member with experience in complex systems and bureaucratic obstacles. In 2008, 8,488 requests for help were handled by OCRA and information provided to another 18,634 people through trainings.

A few examples of last year’s successes:

Leon Tello begins independent living skills with help from OCRA

Leon Tello is a 14 year old boy who lives with his parents and attends a special day high school class. His mother has terminal cancer and was quite concerned that Leon does not have any independent living skills. She came to OCRA resulting in a request to the regional center to provide him with these services while his mother was still alive. OCRA successfully demonstrated that Leon would need these skills to enable him to remain at home after his mother died, and the training has already begun.

OCRA helps Loraine Clemons gain regional center eligibility

About two years ago, after being denied regional center eligibility, Lorrain Clemons came to OCRA for assistance. She was given advice about the paperwork to appeal and the criteria for eligibility. Since she was found eligible, her OCRA representative has assisted Clemons in her Individual Program Plan (IPP) process and in finding gainful employment.

Li Lei finally gets $12,000 retroactive payment

Because of her disability, Li Lei depends upon her SSI for survival. Multiple attempts had been made by Lei and her sister to collect a $12,000 retroactive payment that had been acknowledged owed by the Social Security Administration.

Each time they were told that payment would be made. A year passed without success before the sister contacted OCRA. The Clients’ Rights Advocate brought the situation to the attention of Lei’s Congressional representative, who intervened and the payment was made in full.

The majority of OCRA cases concern special education, regional centers, income maintenance, housing and health services.