Facts

Beginning in or around August 2009, Eastern Los Angeles Regional Center (ELARC) began terminating funding for Developmental, Individual Difference, Relationship-based (DIR) treatment programs for children with autism.

On January 14, 2010, class representatives filed a class action, on their own behalf and on behalf of approximately 2,300 families who have children who have been diagnosed or provisionally diagnosed with autism and are eligible to receive services from ELARC, alleging that these terminations were unlawful and violated their rights under the Lanterman Act and other applicable state law.

On January 22, 2010, plaintiffs filed a Motion for Preliminary Injunction. On February 19, 2010, after a two-day hearing, the court granted the motion, requiring that defendants continue funding the DIR treatment programs until final resolution of the matter, reinstate funding for those children whose services have been already terminated, and suspend any pending statutory fair hearings dealing with said terminations.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that DIR is a well-established, clinically effective and scientifically proven method of treating autism. Plaintiffs further contended that the therapy made a critical difference in their children's lives, enabling them to speak and play with others for the first time. Plaintiffs noted that ELARC had been providing this therapy for over 13 years.

DEFENDANT'S CONTENTIONS:
ELARC contended that DIR it was "experimental" or in other cases "recreational," and therefore was subject to recent budget cuts.

Result

After the preliminary injunction was issued, the parties entered into a settlement agreement. On Monday, September 13, 2010, the court granted final approval of the settlement and entered a final injunction. Pursuant to the terms of the settlement and final injunction, ELARC is permanently and finally enjoined from terminating or denying funding for DIR treatment programs, or failing to make DIR treatment programs available, and from classifying DIR treatment programs as "experimental," "non-medical therapy," "specialized recreation," or "social recreational." In addition, ELARC agreed to a number of affirmative obligations with respect to the class members, and class counsel maintains the right to monitor defendants.

Other Information

The settlement class consisted of approximately 2,300 children who had been diagnosed or provisionally diagnosed with autism. FILING DATE: Jan. 14, 2010.