We’re in the fight of our lives for funding, inclusion, and respect; but, we’re not making ourselves heard. Several people have told me that they feel helpless and don’t know what they can do as individuals to make an impact. Here’s one answer:
We Need to File More §4731 Complaints Against Our Regional Centers
What is a §4731 Complaint?
The laws that define our regional center (RC) system are in the California Welfare and Institutions Code; commonly referred to as the Lanterman Act. The act includes a section numbered 4731 which permits us to file a complaint against a RC when our rights have been violated.
Here’s the technical language:
(a) Each consumer or any representative acting on behalf of any consumer or consumers, who believes that any right to which a consumer is entitled has been abused, punitively withheld, or improperly or unreasonably denied by a regional center, state-operated facility, or service provider, may pursue a complaint as provided in this section.
Here’s what that means:
We can file complaints with our regional centers if we are not getting the services that we were promised, if there is a delay in assessments for services, IPP reviews are not held, or a number of other issues.
**For more information, Disability Rights California has a publication describing §4731 and some of our rights under the Lanterman Act.
Why Do We Need to File §4731 Complaints?
Our regional centers (RC) were innovative and valuable resources when they began. They still can be, but they have not been properly funded or administered for many years. Everyone agrees that rates for payment and wages are still too low, and that case-loads are unmanageable, leading to a crisis in assistance for People with Developmental/Intellectual Disabilities (I/DD).
Everyone gets a piece of the blame. We need to own our part and make it right: if we don’t speak up, no one knows there’s a problem.
Complaints Under §4731 Are Reported to the Legislature
We can make ourselves heard through the §4731 process because the RCs are required to report all of the complaints they receive to the California Legislature.
Here’s the law:
Pursuant to Welfare and Institutions (W&I) Code Section 4519.2(c), the Department of Developmental Services (DDS) is required to update the Legislature annually, by January 10, with specified information regarding consumers’ rights complaints as well as resolutions.
What it means:
The California Legislature gets a yearly report from DDS, which oversees the operations of the state’s 21 regional centers. The report includes the number of §4731 complaints filed in the previous year against the RCs, how many of them were resolved, and the types of issues involved.
This report may be the only information that some legislators get about I/DD and our regional centers.
The yearly report is written by a state agency (DDS) without our input and given to state legislators who vote on how much money we get and how that money is used. If we don’t file complaints, our voices are not included in that report. If there are only a few random complaints, the report makes it look like everything is fine and the RCs are doing a good job.
Here’s what DDS told our Legislature for FY 2023/2024:
“During fiscal year 2023/2024, the RCs served 459,395 people over the age of 3. During that time, only 437 formal §4731 complaints were filed.”
This small number of complaints gives the impression that we are satisfied with the way we are treated and the services we receive.
[***You can see how many complaints were filed against your regional center on the DDS website. North Los Angeles County Regional Center was No.1 with 67 complaints; Alta California came in 2nd with 37; and, Kern County and South Los Angeles were tied for 3rd at 36.]
The Disconnect: Why are there so few §471 complaints?
The mystery is this: nearly everyone I speak to has a complaint against a regional center – almost 100%. Why is there so much complaining but so few §4731 complaints? Family members, consumers, and professionals tell me that they don’t file complaints for 4 main reasons:
- They don’t want to get their regional centers “in trouble” because they fear our RCs will lose their funding if it seems they aren’t doing the job properly.
- They don’t want to get the Service Coordinators (SCs) in trouble because they are so nice.
- They are afraid of retaliation and loss of services or contracts.
- They didn’t know they had the right to file a complaint.
The irony here is that when we are aware of our rights and file more complaints, it actually becomes less likely that any of those things will happen. Here’s why.
- Getting Regional Centers in Trouble
Any organization is going to get a small number of criticisms. If very few complaints are filed, it looks like things are going well. When 100 complaints are filed, it becomes obvious that there are bigger issues. Something is really wrong. The more complaints, the more it looks like the RCs are just doing the best they can without the tools they need. It’s less likely that one RC will be called out if everyone is having the same issues.
- Getting the Service Coordinator in Trouble
I hear that people don’t want to complain because their service coordinators, or case managers, are so nice. It’s easier and more pleasant to work with someone who is nice. We don’t want to get anyone in trouble when they’re nice.
A §4731 complaint doesn’t have to be critical of the person; it can focus on the issue. We are in charge of the narrative in our complaints. Also, there are several types of issues that fall under §4731 that don’t implicate your SC.
For example, some vendors fail to provide respite workers or personal assistants after accepting a referral. This isn’t the SCs fault. Our letters should describe the issue in a way that makes it clear that your SC has done the referral, the money is allocated properly, the agency has been contacted, and it just hasn’t provided any workers. The focus is on the vendor and the services, not your case manager.
- Retaliation is Against the Law
Yes, I know. It can happen whether it’s against the law or not. But filing a complaint gives you some protection. If the complaint is in writing, and then you are targeted, you will have written proof of what happened, AND you can file another §4731 complaint about the retaliation.
The threat of retaliation is real, but not as widespread as we imagine. If you give credit where it’s due and discuss the issue with facts, there is less chance of a complaint causing problems with your services.
- I didn’t know I had the right to file a complaint.
Now you know.
It’s Too Hard, I Don’t Have Time, I’m Not a Good Writer
Nice try. I’ve included a sample letter for you (below); just add in the right names and dates. Do your best; it doesn’t have to be perfect. If there are questions, the RC can ask for more information. The key is to get that letter sent. As long as it includes “§4731”, the RC will have to report it to DDS, and they will have to report it to our legislature.
I’m not advocating that we file complaints without trying to resolve issues first; but, we all know there are some core problems that aren’t going to be solved without more advocacy. When it’s warranted, and the Lanterman Act is on your side, a §4731 letter can help make the system better.
What kind of help is available?
It’s important to write your complaint so that it falls within the scope of the Lanterman Act. Be sure that you provide enough information to trigger an investigation. I have included a sample letter at the bottom of this post.
Disability Rights California also has a sample §4731 letter.
There is a §4731 complaint form on the DDS website that you can use. If you have the technology, download the form, enter your information, save it to your computer and email it to the Executive Director of your RC. If you don’t have the technology, get help from friends and family to send an email if possible; even an old-fashioned letter will work.
Clients’ Rights Advocates: Every regional center has a Clients’ Rights Advocate. This is a lawyer who works for the Office of Clients’ Rights Advocacy (OCRA), which is run by Disability Rights California. Find your regional center’s advocate in this directory.
Consumer or Peer Advocates. Each RC has a Consumer Advocate. This is a person with a disability who is there to help you with self-advocacy and answer questions about your rights and services. They may be able to help you with your §4731 letter. Go to your regional center’s website and search for Peer Advocate or Consumer Advocate.
California’s State Council on Developmental Disabilities has 12 Regional Offices (formerly known as Area Boards). These offices have a role in self-advocacy for PwDD including the §4731 complaint process.
One Warning: Remember to follow through. When a complaint is filed, the regional center must provide a written response and state what steps they will take to resolve the issues. If you don’t get that follow up, it’s possible that your complaint was not treated as a formal §4731, and it will not get reported to DDS.
The most important thing to remember is that we will never see change if we don’t ask for it and educate the people who make decisions over our lives. We cannot expect our legislators to understand our needs and address them if we don’t tell them.
Sample §4731 letter:
Your address
Your phone
Your email
Subject: Welfare and Institutions Code Section 4731 Complaint
Re client: _______, DOB: ________
Date: _____
Dear Executive Director of ___________Regional Center:
This letter is a complaint filed under California Welfare and Institutions Code Section 4731 on behalf of _______ .
This is the issue [examples]:
I have been waiting for services for more than 12 months.
I have not had a service coordinator for 12 months.
My assessment for services was filed ___ months ago without any decision.
I have not had an IPP for ____ months or years.
I am not getting the services listed in my IPP.
This is what I have done so far: [examples]
Contacted my service coordinator: phone calls, emails, etc.
Communicated with ______ and ______ about this issue without any answer.
Purchased services with my own money because the Purchase of Service request has been delayed for _____ months.
Contacted the agency that was supposed to provide services. The answer was ______.
Filed my request for assessment on _______ and I have not received any response; OR the response that I got was: ______________
The regional center is required to:
If you know what is supposed to done, put it here. If you are unsure, ask someone. It’s not necessary to know exactly which law or regulation has been violated, but it helps to include it if you know.
[Examples]
- Pursuant to Welfare and Institutions Code 4643(a), the regional center must complete an intake assessment and determine eligibility within 120 days.
- Pursuant to Welfare and Institutions Code 4646(c), an IPP mut be held within 60 days of assessment.
I request that you thoroughly investigate this complaint and take immediate steps to resolve the issue by [give examples of what you want done if you can]:
Approving services
Completing the purchase of services
Holding an IPP meeting within 30 days
Assigning a service coordinator immediately
I also think that:
All service coordinators should receive more training on this problem
All supervisors should receive training on this problem
Caseloads should be reduced
The regional center should request more vendor applications for these services
Thank you for your time. You can reach me at [phone] or email ________ if you want to discuss this with me.
Sincerely,