Lanterman Developmental Disabilities Act
Encyclopedia
The Lanterman Developmental Disabilities Act (AB 846), also known as the Lanterman Act, is a California
law, initially proposed by Assemblymember Frank D. Lanterman in 1973 and passed in 1977, that gives people with developmental disabilities the right to services and supports that enable them to live a more independent and normal life. The legislation significantly expanded upon its landmark predecessor, the Lanterman Mental Retardation Services Act (AB 225), initially proposed in 1969. The original act extended the state's existing regional center network of services for the developmentally disabled, while mandating provision of services and supports that meet both the needs and the choices of each individual.
The Lanterman Act declares that persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other persons by federal and state constitutions and laws, and charges the regional center with advocacy
for, and protection of, these rights.
In addition to persons with mental retardation, the regional centers are now mandated to serve persons with cerebral palsy
, epilepsy
, autism
, conditions similar to mental retardation, or conditions that require treatment similar to the treatment required for individuals with mental retardation. To be eligible for services under the Lanterman Act a Person must also have a "substantial disability."
In 1976, the Lanterman Act was amended to establish the right to treatment and habilitation services for persons with developmental disabilities.
The Lanterman Act was amended in 1998, which called for an advocacy coordinator to be employed at each of the 21 regional centers of California, therefore, making it become a law that those employed through the regional center, would be prohibited from serving on a regional center board of directors, in order to avoid a conflict of interest.
In 2003 the definition of "substantial disability" was prospectively amended to require the existence of significant functional limitations in "three or more of [..] areas of major life activity..",. Previously, to have a "substantial disability" only required the existence of a significant functional limitation in one of the seven areas of major life activity.
, medical, economic and legal problems of extreme importance."
Section 4620: "In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to provide fixed points of contact in the community for persons with developmental disabilities and their families, to the end that such persons may have access to the facilities and services best suited to them throughout their lifetime. It is the intent of this division that the network of regional centers for persons with developmental disabilities and their families be accessible to every family in need of regional center services. The Legislature finds that the services provided to individuals and their families by regional centers is of such a special and unique nature that is cannot be satisfactorily provided by state agencies. Therefore, private nonprofit community agencies shall be utilized by the state for the purpose of operating regional centers."
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
law, initially proposed by Assemblymember Frank D. Lanterman in 1973 and passed in 1977, that gives people with developmental disabilities the right to services and supports that enable them to live a more independent and normal life. The legislation significantly expanded upon its landmark predecessor, the Lanterman Mental Retardation Services Act (AB 225), initially proposed in 1969. The original act extended the state's existing regional center network of services for the developmentally disabled, while mandating provision of services and supports that meet both the needs and the choices of each individual.
The Lanterman Act declares that persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other persons by federal and state constitutions and laws, and charges the regional center with advocacy
Advocacy
Advocacy is a political process by an individual or a large group which normally aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions; it may be motivated from moral, ethical or faith principles or simply to protect an...
for, and protection of, these rights.
In addition to persons with mental retardation, the regional centers are now mandated to serve persons with cerebral palsy
Cerebral palsy
Cerebral palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement....
, epilepsy
Epilepsy
Epilepsy is a common chronic neurological disorder characterized by seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or hypersynchronous neuronal activity in the brain.About 50 million people worldwide have epilepsy, and nearly two out of every three new cases...
, autism
Autism
Autism is a disorder of neural development characterized by impaired social interaction and communication, and by restricted and repetitive behavior. These signs all begin before a child is three years old. Autism affects information processing in the brain by altering how nerve cells and their...
, conditions similar to mental retardation, or conditions that require treatment similar to the treatment required for individuals with mental retardation. To be eligible for services under the Lanterman Act a Person must also have a "substantial disability."
In 1976, the Lanterman Act was amended to establish the right to treatment and habilitation services for persons with developmental disabilities.
The Lanterman Act was amended in 1998, which called for an advocacy coordinator to be employed at each of the 21 regional centers of California, therefore, making it become a law that those employed through the regional center, would be prohibited from serving on a regional center board of directors, in order to avoid a conflict of interest.
In 2003 the definition of "substantial disability" was prospectively amended to require the existence of significant functional limitations in "three or more of [..] areas of major life activity..",. Previously, to have a "substantial disability" only required the existence of a significant functional limitation in one of the seven areas of major life activity.
Rights of the Disabled under the Act
The Lanterman Act protects the rights of people with developmental disabilities by mandating rights including:- Services that protect libertyLibertyLiberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
, provided in the least restrictive (most integrated) way - Dignity, privacy and humane care
- Treatment, services and supports in natural community settings, to the greatest extent possible
- Participation in an appropriate program of publicly supported education regardless of the degree of disability
- Prompt medical care and treatment
- Freedom of religionReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
and conscience, and freedom to practice religion - Social interaction and participation in community activities
- Physical exercise and recreation
- Freedom from harm, including unnecessary physical restraints, isolation, excessive medicationMedicationA pharmaceutical drug, also referred to as medicine, medication or medicament, can be loosely defined as any chemical substance intended for use in the medical diagnosis, cure, treatment, or prevention of disease.- Classification :...
, abuse or neglect - Freedom from hazardous procedures
- Choices in one's own life, including where and with whom one chooses to live, relationships with people in the community, how to spend time (including education, employment and leisure), the pursuit of one's chosen personal future, and the planning and implementation of a plan that fits the needs and desires of the individual
- The opportunity to make decisions and to have information understand to help make informed choices
Key mandates
Section 4501: "The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. Affecting hundreds of thousands of children and adults directly, and having an important impact on the lives of their families, neighbors and whole communities, developmental disabilities present socialSocial
The term social refers to a characteristic of living organisms...
, medical, economic and legal problems of extreme importance."
Section 4620: "In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to provide fixed points of contact in the community for persons with developmental disabilities and their families, to the end that such persons may have access to the facilities and services best suited to them throughout their lifetime. It is the intent of this division that the network of regional centers for persons with developmental disabilities and their families be accessible to every family in need of regional center services. The Legislature finds that the services provided to individuals and their families by regional centers is of such a special and unique nature that is cannot be satisfactorily provided by state agencies. Therefore, private nonprofit community agencies shall be utilized by the state for the purpose of operating regional centers."
See also
- California Mental Health Services ActCalifornia Mental Health Services ActIn November 2004, voters in the U.S. state of California passed Proposition 63, the Mental Health Services Act , which has been designed to expand and transform California’s county mental health service systems by increasing the taxes of high income individuals...
- Lanterman-Petris-Short ActLanterman-Petris-Short ActThe Lanterman–Petris–Short Act concerns the involuntary civil commitment to a mental health institution in the State of California. The act set the precedent for modern mental health commitment procedures in the United States. It was co-authored by California State Assemblyman Frank Lanterman ...
- Laura's LawLaura's LawLaura's Law is a California state law that allows for court-ordered assisted outpatient treatment. To qualify for the program, the person must have a serious mental illness plus a recent history of psychiatric hospitalizations, jailings or acts, threats or attempts of serious violent behavior...
External links
- ARCANet.org - 'The Lanterman Developmental Disabilities Act', Association of Regional Center Agencies
- http://www.dds.ca.gov/ConsumerCorner/LantermanActGuide.cfm - 'A Consumer's Guide to the Lanterman Act', California Department of Developmental Services
- PAI-Ca.org - 'Rights Under the Lanterman Act', Protection & Advocacy, Inc. (1999)