Class Action Lawsuit on Behalf of Children With Autism

Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2010/06/17 - Updated: 2024/06/09
Publication Type: Announcement
Topic: Lawyers and Rights - Publications List

Page Content: Synopsis - Introduction - Main

Synopsis: Court preliminarily approves settlement agreement in class action lawsuit against Eastern Los Angeles Regional Center (ELARC) on behalf of children with autism. The Settlement Agreement requires, among other things, that ELARC continue funding and paying for all DIR or DIR/Floortime treatment programs for all eligible children who have been diagnosed, or provisionally diagnosed with autism.

Introduction

On June 10, 2010, the Los Angeles Superior Court issued an Order granting preliminary approval of a Settlement Agreement in the class action lawsuit, Benito R., et. al. v. Eastern Los Angeles Regional Center, et. al., which was filed on behalf of hundreds of children with autism against the Eastern Los Angeles Regional Center (ELARC) earlier this year, after ELARC terminated funding for Developmental, Individual Difference, Relationship-based (DIR) treatment services.

Main Item

Among other things, the Judge's Order requires notice to be mailed to all members of the class, including every parent of a child diagnosed with or provisionally diagnosed with autism served (or, if possible, who will be served) by the East Los Angeles Regional Center so that they know what is required of ELARC under the terms of the Settlement Agreement.

The Settlement Agreement requires, among other things, that ELARC continue funding and paying for all DIR or DIR/Floortime treatment programs for all eligible children who have been diagnosed, or provisionally diagnosed with autism. It also enjoins ELARC from:

• Failing to make DIR treatment programs available to Class Members.
• Engaging in any sort of retaliatory behavior against any Class Member or person associated with a Class Member.
• Asking, pressuring, conditioning or otherwise requiring a Class Member to give up, barter, or otherwise reduce or terminate another service in order to receive DIR treatment services.
• Classifying, characterizing, identifying or labeling DIR treatment programs as "experimental," "non-medical therapy," "specialized recreation," or "social recreational" as those terms are used in the Trailer Bill.

Earlier this year, the Court issued a preliminary injunction to reinstate funding for DIR treatment services.

Additional information about the Class Notices for this case can be found on ELARC's website.

The Settlement Agreement and the Superior Court Order are also available.

Author Credentials: Ian was born and grew up in Australia. Since then, he has traveled and lived in numerous locations and currently resides in Montreal, Canada. Ian is the founder, a writer, and editor in chief for Disabled World. Ian believes in the Social Model of Disability, a belief developed by disabled people in the 1970s. The social model changes the focus away from people's impairments and towards removing barriers that disabled people face daily. To learn more about Ian's background, expertise, and achievements, check out his bio.