COVID-19 waiver of Regional Center eligibility, in-home care and family fee requirements

The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving eligibility, in-home care and family fee requirements requirements of the Lanterman Act because of COVID-19.

Any requirements of the Lanterman Act requiring in-person meetings for determining eligibility for Regional Center services is waived.  Regional Centers can conduct intakes, evaluations and assessments by remote electronic communication.

If the Regional Center is reasonably certain the applicant is eligible for services, but is unable to make a definitive determination, the Regional Center may determine the person is presumptively eligible.  If at reassessment the Regional Center finds that the person is not eligible for services, the requirement that the Regional Center show that the original eligibility finding was clearly erroneous is waived.

The Regional Center must send a follow-up letter to the client, parent, guardian or other authorized legal representative confirming that because of COVID-19, intake meetings, evaluations and assessments will be done by remote electronic communication.

The requirement for in-home respite workers to have first aid and CPR training prior to employment is waived when the client does not have chronic or presenting health concerns.

Family Cost Participation Program and Annual Family Program Fees are waived.  (Regional Center Executive Directors Letter, March 25, 2020, extended to May 24, 2020.)