California Department of Developmental Services

P.O. Box 944202

Sacramento, CA 94244-2020

Re: A petition under Government Code section 11340.6 Thursday, July 11, 2002

Dear Mary Lee Pennington,

This is a petition under California Government Code section 11340.6 to amend Title 17, chapter 3,

sub-chapter 1, article 1, section 54000(a) of the California Code of Regulations.

Please amend section 54000(a) as follows:

"Developmental Disability" means a disability that is attributable to mental retardation, cerebral palsy, epilepsy, autism, other conditions similar to mental retardation, other conditions that require treatment similar to that required by mentally retarded individuals.

Currently, section 54000(a) of Title 17 alters the intent of the enabling statute, Welfare and Institution Code (WIC) section 4512(a). As written WIC section 4512(a) defines developmental disability to, “…include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation.” [emphasis added]

Section 54000(a) of Title 17 makes the disjunctive condition set under WIC section 4512(a) conjunctive. The regulation is therefore inconsistent with the enabling statute and alters its meaning. (In re Thomas Gifford v. Golden Gate Regional Center Service Agency [(1999) OAH No. 1999020350.1]; In the Matter of: Jason W. v. Inland Regional Center, Service Agency [(2000) OAH No. L- 2000020491]). Any regulation that alters, amends, or is in conflict with a statute is void (Physicians and Surgeons Laboratories Inc. v. Department of Health Services, 6 Cal. App. 4th 968, 8 Cal. Rptr. 2d 565 (Cal.App.Dist.2 05/20/1992), Gov. Code §11342.2. §11342.1, §11349.1)

Although legally void, a Regional Center has used Title 17 section 54000(a) to deny eligibility for needed services. Although legally void, Regional Centers can still use Title 17 section 54000(a) to deny eligibility to consumers who are otherwise eligible for services under the Lanterman Act.
 
The Department of Developmental services has the authority to effectuate the heretofore proposed amendment (Government Code §11346(a), WIC §4434(a)) 
 
The heretofore-proposed amendment is enabled by WIC §4512(a), and consistent with WIC §4512(a).
 
The heretofore-proposed amendment does not serve the same purpose as another regulation.
 
The heretofore-proposed amendment is consistent with, in harmony with, and not in conflict with existing statutes, court decisions, or other provisions of law.
 
Those persons directly affected by the heretofore-proposed amendment can easily understand the proposed amendment.