Appeal remedies and rules are contained in the Lanterman Act starting at Section 4700 of the Welfare and Institutions Code. There are only two ways to obtain services: 1) convince the Regional Center that the services are necessary, or 2) appeal, mediate, or obtain a favorable administrative decision.
Although administrative hearings are informal, and friendly to persons representing themselves, recent statistics show that persons representing themselves win only about 35% of the time. There are many reasons for the low number, but one of the main reasons is that the Regional Centers have become sophisticated in their ability to prepare cases. Often times Regional Centers are in the "legal" right, for example generic resources must be exhausted.
In order to obtain services through administrative appeal, you must be able to prove by a preponderance of the evidence that you are entitled to services. This may mean the use of expert testimony at the hearing to persuade the judge. Strategies must be employed to be successful in obtaining services. Our office has the experience to guide you and assist you in this process.