Provisional Eligibility for Children Ages 3 – 4
Developmental Services Budget Trailer Bill, AB 136 (Chapter 76, Statutes of 2021), amended Welfare and Institutions (W&I) Code section 4512 to expand eligibility for Lanterman Developmental Disabilities Services Act (Lanterman Act) services by allowing a child who is three or four years of age to be provisionally eligible for regional center services under speciﬁed conditions. These amendments became eﬀective July 16, 2021.
Pursuant to W&I Code section 4512(a)(2), if a child who is three or four years of age is not otherwise eligible for regional center services as a result of a developmental disability as speciﬁed in W&I Code section 4512(a)(1), the child shall be provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has signiﬁcant functional limitations in at least two of the following areas of major life activity, as determined by a regional center and as appropriate to the age of the child:
2. Receptive and expressive language
To be provisionally eligible, a child is not required to have one of the developmental disabilities listed in W&I Code section 4512(a)(1). A child exiting Early Start may be eligible for Lanterman Act services under the provisional eligibility criteria. Likewise, a child who is three or four years of age who did not receive Early Start services, may be provisionally eligible. Enclosed is a chart comparing the Lanterman Act eligibility requirements for services pursuant to W&I Code section 4512(a)(1) and provisional eligibility pursuant to section 4512(a)(2). Similar to individuals who are eligible pursuant to W&I Code section 4512(a)(1), a child who is determined to be provisionally eligible must have a Client Development Evaluation Report and Individual Program Plan completed.
To read the Department of Developmental Services Directive on Provisional Eligibility visit: