Clemente

Plaintiffs Sheraya Clemente, Rovel Billy Abueg, Brenton Gamer, and the Association for Retarded Citizens—Sonoma County (ARC) sought a writ of administrative mandate (Code Civ. Proc., § 1094.5) and traditional writ of mandate (Code Civ. Proc., § 1085) in Sacramento Superior Court to compel the Department of Developmental Services (DDS), its director, Dennis G. Amundson, and the North Bay Regional Center (NBRC) to set aside a DDS administrative hearing decision authorizing parental copayment for respite services. Among other poMs, plaMiffs argued the Legislature did not expressly authorize the copayment in the Lanterman Developmental Disabilities Services Act (Welf. & Inst. Code, §§ 4500-4905) (the Lanterman Act). They also maintained a DDS policy authorizing other regional centers to establish service standards requiring parental copayment violated the Administrative Procedure Act (Gov. Code, § 11340 et seq.) (APA). The trial court granted other relief sought in plaintiffs’ petition, but denied their challenge to the respite copayment. Plaintiffs appeal.

We conclude NBRC may not impose a parental copayment for respite services in the absence of express statutory…