Guide to North Bay Regional Center

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Rights of People with Developmental Disabilities

What are the legal rights of persons with developmental disabilities?

The same rights and privileges guaranteed by law to all citizens of California (see Welfare and Institutions Code 4502).

In addition:

A right to treatment and habilitation services which foster developmental potential, protect personal liberty and provide the least restrictive conditions necessary to achieve the purposes of treatment;
A right to dignity, privacy and humane care;
A right to participate in publicly supported educational programs regardless of the degree of handicap;
A right to prompt medical care and treatment;
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 religious freedom and practice;
A right to make choices in their own lives.

Do clients in licensed Alternate Living Arrangements have the same rights?

Yes. When an individual chooses to live in a licensed Alternate Living Arrangement, the residential service provider must ensure that person the following additional rights:

To wear his or her own clothes, use his or her own personal possessions including toilet articles, and keep and spend a reasonable sum of money for small personal purchases;
To have access to storage space for his or her own private use
To see visitors every day;
To have reasonable access to phones in order to make and receive confidential calls;
To have access to letter-writing materials, including stamps, and to mail and receive unopened correspondence;
To refuse electro-convulsive therapy;
To refuse psychosurgery;
To refuse behavior modification techniques which cause pain or trauma;
To make choices in areas including, but not limited to, his or her daily living routines, choice of companions, leisure and social activities and program planning and implementation.

What is advocacy?

The process of representing the rights and interests of an individual/group. For example, as a parent, guardian or service provider, you practice advocacy when you seek a better school program. The Client Program Coordinator is also an advocate for the people on their caseload.

What is a Clients' Rights Advocate?

A specific person who assists individuals with developmental disabilities in exercising all their legal rights. That person will receive and investigate reports of rights denials, and will assist in understanding hearing and appeal procedures when you do not agree with NBRC on a decision.

Do I have access to the Clients' Rights Advocate?

Yes. You may contact the Client's Rights Advocate at NBRC directly. The Program Coordinator can also assist you. These services are available without charge.

Are parents automatically their child's conservator when he/she becomes 18?

No. All adults are legally independent. The Client Program Coordinator or Clients' Rights Advocate can provide parents with specific information about this subject.