Notwithstanding any other provision of law, in no event shall the department or the regional center recover an amount greater than the child eligible for the California Early Intervention Program or consumer recovers after deducting from the settlement judgment, or award, attorney’s fees and litigation costs paid for by the child or consumer. If the recovery of the department or regional center is determined under this section, the reductions in subdivision (d) of Section 4659.12 shall not apply.

(Added by Stats. 2011, Ch. 9, Sec. 14. (SB 74) Effective March 24, 2011.)

Terms Used In California Welfare and Institutions Code 4659.18

  • 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.
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