Complaint Process

 

4731 Complaint Process


The Lanterman Developmental Disabilities Services Act provides consumers and others with a process by which a complaint can be filed against a regional center, developmental center, or regional center service provider, when there is a belief that a consumer’s rights have been abused, punitively withheld or improperly or unreasonably denied.

The intent of the 4731 Complaint Process is to provide a meaningful resolution when a rights violation has been substantiated, and attempt to prevent similar violations from occurring again.

 

Send your completed 4731 Complaint Form to KRC Attn: 4731 Complaints at 3200 N. Sillect Avenue, Bakersfield CA, 93308.

Additional information on §4731 complaints can be found on the DDS website (see the link below):

https://www.dds.ca.gov/complaints/complt_cr.cfm

 


 

 

KRC's Whistleblower Policy

 

Kern Regional Center has a board-approved Whistleblower policy for vendors, contractors and others, and one for employees and board members. Click on the links below to view.

 


 

How to report a Whistleblower complaint using KRC's Lighthouse WB System.

How to File a Whistleblower Complaint

 

A complaint may be filed by contacting any of the following:

 

  • Board of Directors o Website – www.lighthouse-services.com/kernrc

  • Email - reports@lighthouse-services.com (Please include Kern Regional Center in the subject line o Toll Free Numbers:

  • English Speaking – (833) 420-0003

  • Spanish Speaking – (800) 216-1288

  • Fax - (215) 689-3885 (must include Kern Regional Center with report)

  • Department of Developmental Services

  • Community Services Division 1600 9th Street, Room 340 (MS 3-12) Sacramento, CA 95814

  • Voice 916-651-6309 o Fax 916-654-3641

  • www.dds.ca.gov/complaints/complt_WB.cfm


 

1)   Facility Appeal

Title 17 of the California Code of Regulations provides residential service administrators with the right to appeal certain actions taken by a regional center.

The specific actions are as follows: findings of substantial inadequacy, findings of immediate danger, sanctions, service level disapprovals, and enforcement of a requirement not contained in applicable regulations.

Regulation requires that a facility administrator provide specific information when filing a facility appeal. Regulation also provides administrators with certain appeal rights, which include the right to participate in a hearing, review records related to the appeal issue prior to the hearing, the right to have representation by counsel, present oral and documentary evidence, and cross examine witnesses.

With this link http://www.dds.ca.gov/complaints/complt_rfa.cfm

 

2)   Vendor Appeal

Title 17 of the California Code of Regulations provides vendors with the right to appeal certain regional center actions.

The specific regional center actions are as follows: denial of a vendorization application, regional center noncompliance with the provisions of the vendorization regulations, and noncompliance with the regulations that govern termination of vendorization.

An applicant or vendor may file an appeal directly with the regional center director. It is important to note that the appeal must be filed with the vendoring regional center. Regulation requires that the appeal be made in writing and contain specific information. This appeal process does not afford the vendor with a hearing, but does allow the vendor to submit all supporting documentation. In those cases where the regional center has determined that the vendor has not submitted all of the required information, the regional center will make a written request for additional information.

It is important to note that a failure to respond to a written request for information could result in the regional center deeming the appeal as withdrawn and no further action will be taken. In the event that the vendor disagrees with the regional center’s decision, the vendor has the right to appeal to the Department of Developmental Services.

 

With this link http://www.dds.ca.gov/Complaints/Complt_VA.cfm

 

3)   Fiscal Audit Appeal

Regional Centers have a statutory obligation to monitor vendors, including parent vendors, to ensure accountability for the funding expended toward the purchase of service for individuals with developmental disabilities. One method of monitoring used by regional centers is random audits.

Audits may be conducted to verify the units of service delivered to a consumer or group of consumers, to verify wages paid by the vendor to their workers, to verify vendor staffing ratios, to verify vendor cost statement financial information, and to verify consumer Personal & Incidental (P&I) funds maintained by residential facilities. In the event that a regional center vendor disagrees with the findings in the final audit report, the vendor has the right to appeal the findings. 

 

With this link http://www.dds.ca.gov/Title17/T17SectionTOC.cfm?Subchapterid=7

4) Fair Hearing Process – The fair hearing process is a process for resolving disagreements between the regional center or state developmental center and consumers or applicants who are age three or older.

 

Under the fair hearing process, disagreements may be about services, eligibility or any decision or action of the regional center or state developmental center with which you disagree. The fair hearing process includes a voluntary informal meeting, mediation, and a fair hearing. The fair hearing brochure and necessary forms to file for a fair hearing and withdraw from a fair hearing are available from your local regional center or by using the following links. If you have questions about the fair hearing process, you may contact your local regional center or the Department of Developmental Services (DDS) at (916) 651-6309. Below is a link to DDS website.

 

http://www.dds.ca.gov/Complaints/Complt_FH.cfm

 

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