An adult person with a developmental disability has the legal right to determine where his or her residence will be. Except in a situation which presents immediate danger to the health and well-being of the individual, the regional center or its designee shall not remove a consumer from a residential care facility against the client’s wishes unless there has been specific court action to abridge such right with respect to an adult or unless the parent, guardian or conservator consents with respect to a child.
Cal. Welf. & Inst. Code § 4741
Residential Care Facility Appeals Procedures
Known as the Lanterman Developmental Disabilities Services Act
The act spans §§ 4500–4885 (423 sections).
Applied in 1 court decision — leading case 83 Cal. App. 4th 739 - Black v. Department of Mental Health (2000)
Most recently applied in 83 Cal. App. 4th 739 - Black v. Department of Mental Health (September 2000)
Amended by Stats. 1998, Ch. 1043, Sec. 24
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.