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What
are the legal rights and responsibilities of people with developmental disabilities?
People with developmental disabilities have the same basic rights and responsibilities
as all other legal residents of the United States and the State of California. In
addition, California law gives people with developmental disabilities the following
special rights:
 | A right to treatment and habilitation services and supports in the least restrictive
environment. These services and supports should foster the developmental potential of the
person and be directed toward the achievement of the most independent, productive, normal
life possible. Such services shall protect the personal liberty of the individual, and
shall be provided with the least restrictive conditions necessary. |
| A right to dignity, privacy and humane care. To the maximum extent possible, treatment,
services and supports shall be provided in natural community settings. |
| A right to participate in an appropriate program of publicly-supported
education,
regardless of degree of disability. |
| A right to prompt medical care and treatment. |
| A right to religious freedom and practice. |
| A right to social interaction and participation in community activities. |
| A right to physical exercise and recreational opportunities. |
| A right to be free from harm, including unnecessary physical restraint or isolation,
excessive medication, abuse or neglect. |
| A right to be free from hazardous procedures. |
| A right to make choices in their own lives including, but not limited to: where and with
whom they live; their relationships with people in their community; the way they spend
their time, including education, employment and leisure; the pursuit of their personal
future; and program planning and implementation. |
| A right to have relationships, marry, be part of a family, and to parent if they so
choose. |
People with developmental disabilities who reside in a residential facility possess
these additional rights:
| To wear their own clothes. |
| To keep and use their own personal possessions, including toilet articles. |
| To keep and be allowed to spend a reasonable sum of their own money for
personal
expenses and small purchases.· To have access to individual storage space for
private use. |
| To see visitors each day. |
| To have reasonable access to telephones, both to make and receive confidential
calls. |
| To have ready access to letter writing materials, including stamps, and to mail and
receive unopened correspondence. |
| To refuse electroconvulsive therapy. |
| To refuse behavior modification techniques which cause pain or trauma. |
| To refuse psychosurgery. |
| To make choices in areas including, but not limited to: daily living routines, choice of
companions, leisure and social activities, and program planning and implementation. |
If you have a complaint because you feel that you have been denied one of your rights
or you feel that someone has violated one of your rights, you should contact your Case
Manager at Golden Gate Regional Center.
What if I disagree
with a decision?
First, discuss your concerns with your Case Manager and be sure you understand the
reasons for our decision. If you continue to disagree with the decision, you have the
right to file a Fair Hearing (Appeal). You can ask for a Fair Hearing any time the
regional center either refuses to initiate a requested service or support, or changes or
terminates a current service or support and you disagree with that decision. Your Case
Manager can provide the necessary form, and help you complete it if necessary.
Know your rights as a consumer. Ask questions, and don't let cultural differences
intimidate you or get in the way. |
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Golden
Gate Regional Center