Class Action Lawsuit on Behalf of Children With Autism
Author: Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2010/06/17 - Updated: 2026/05/17
Publication Type: Announcement
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This report covers the preliminary approval by the Los Angeles Superior Court of a settlement agreement in Benito R., et al. v. Eastern Los Angeles Regional Center, a class action filed on behalf of hundreds of children with autism after the Eastern Los Angeles Regional Center (ELARC) terminated funding for Developmental, Individual Difference, Relationship-based (DIR) treatment services. The agreement requires ELARC to continue funding DIR and DIR/Floortime programs for all eligible children diagnosed or provisionally diagnosed with autism, prohibits the agency from retaliating against class members or pressuring families to give up other services to receive DIR therapy, and bars ELARC from labeling DIR as experimental, non-medical, or social-recreational under the relevant Trailer Bill language. The information draws directly from the court's order and the settlement terms, making it useful for parents of children with autism, regional center service recipients, special education advocates, and attorneys working in disability rights and developmental services in California.
- Topic Definition: DIR/Floortime Autism Treatment
DIR/Floortime, short for Developmental, Individual Difference, Relationship-based treatment, is a structured but play-based intervention used with children on the autism spectrum and with other developmental differences. Built on the work of child psychiatrist Stanley Greenspan, it focuses on meeting a child at his or her current developmental level, tailoring interaction to that child's unique sensory and processing profile, and using warm, back-and-forth exchanges with parents and therapists to build the foundations of communication, thinking, and social-emotional growth. In the United States, access to DIR services is often funded through state regional center systems and similar developmental disability programs.
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 Content
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.
Insights, Analysis, and Developments
Editorial Note: For families raising children on the autism spectrum, consistent access to evidence-informed therapies like DIR/Floortime can shape developmental trajectories well into adulthood, and sudden cuts to regional center funding can disrupt years of progress. The Benito R. settlement is a reminder that legal action, when combined with organized parent advocacy, can restore services that public agencies have withdrawn and can set boundaries on how those agencies classify and administer disability supports going forward.
Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.