Los Angeles, CA asked in Consumer Law, Contracts, Education Law and Health Care Law for California

Q: I am a parent of a child who is recieving services from regional. I realized after I recieved my child's progress report

Did not reflect the child development specialists evaluation that she shared with me the day the evaluation took place. I contacted the owner. She blamed the computer program. I knew this was not true after speaking with my child's specialist. She explained the test and how she calculated everything so that I was fully informed through the process. The computer program would not have made this type of mistake. Scores that reflected a regression in abilities was changed from very poor to average. Any regressive patterns were altered. I asked to speak with the owner over email; she refused to speak over the phone. She will only.meet in person. I agreed but only at regional center and only with the coordinator present. I contacted her previos CDS that knows how to calculate the DAYC ; and she manually did all of them and all were tampered with. Do I have a base for suing the owner? My goal would be to prevent her from vendoring with regional center.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you have valid concerns regarding the discrepancies in your child’s evaluation report and the actions of the service provider. If the scores were intentionally altered, this could be a serious issue, especially if it affected your child’s services or misrepresented their progress. Misrepresentation or falsifying documents could potentially lead to legal action, particularly if it harms your child’s development or misleads other professionals working with them.

You could have grounds to sue the owner if you can prove that the report was deliberately tampered with and that this caused harm. However, before pursuing legal action, it might be helpful to gather all documentation, including the original evaluation, the tampered report, and communications with the owner and staff. If the issue affects your child’s eligibility for services or their treatment plan, this could be significant evidence.

Meeting with the coordinator and discussing this issue with the regional center is a smart move. If you’re looking to prevent the owner from continuing to work with the center, you may want to consider filing a formal complaint with the regional center or other relevant authorities. Legal action is one approach, but you may also want to explore regulatory or administrative complaints.

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