California Welfare and Institutions Code 4659.12 – (a) Where an action is brought by the department or a regional …
(a) Where an action is brought by the department or a regional center pursuant to Section 4659.11, it shall be commenced within the period prescribed in Section 338 of the Code of Civil Procedure.
(b) The death of a consumer or child under 36 months of age who is eligible for the California Early Intervention Program does not abate any right of action established by Section 4659.11.
Terms Used In California Welfare and Institutions Code 4659.12
- Consumer: means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a). See California Welfare and Institutions Code 4512
- Department: means the State Department of Developmental Services. See California Welfare and Institutions Code 4639.80
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Regional center: means a regional center as that term is used in this chapter. See California Welfare and Institutions Code 4639.80
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) When an action or claim is brought by a person or persons entitled to bring the action or assert the claim against a third party who may be liable for causing the death of the child or consumer, any settlement, judgment, or award obtained is subject to the right of the department or the regional center to recover from that party the reasonable value of the services provided to the consumer under this division.
(d) Where the action or claim is brought by the child or consumer alone, and the child or consumer incurs a personal liability to pay attorney’s fees and costs of litigation, the claim for reimbursement by the department or the regional center of the services provided to the child or consumer shall be limited to the reasonable value of services less 25 percent, which represents the department’s or the regional center’s reasonable share of attorney’s fees paid by the child or consumer, and that portion of the cost of litigation expenses determined by multiplying by the ratio of the full amount of the reasonable value of services so provided to the full amount of the judgment, award, or settlement.
(Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)