Settlement Reinstates DIR Autism Services

By Sarah Pierce

Hundreds of autistic children who were shut out of DIR treatment at Eastern Los Angeles Regional Center (ELARC) have won a class action settlement that will allow them to continue receiving the beneficial autism treatment program.

According to the class action settlement notice, ELARC failed to fulfill their constitutional obligations when they stopped funding for DIR (Developmental, Individual Difference, Relationship-based) treatment programs in 2009. DIR, also known as “Floortime,” is a method of autism treatment that helps children develop social, emotional, intellectual and communication skills through specially developed “playtime” methods. ELARC terminated funding for DIR services after the Trailer Bill was passed, which prohibits centers like ELARC from funding experimental treatments. Even though some research supports the efficacy of DIR, it is still not considered an “evidence-based intervention.”

Class action settlement notices were mailed to all class members, including parents of children diagnosed with or previously diagnosed with autism who received (or will receive) treatment at ELARC. The DIR/Floortime settlement agreement requires ELARC to continue funding for DIR treatment programs and reinstate funding for those children whose services have already been terminated. It also bars ELARC from, among other things:

(1) Terminating or denying funding for DIR treatment programs, or failing to make DIR treatment programs available to any and all class members.

(2) Classifying or labeling DIR treatment programs as “experimental,” “non-medical therapy,” or any other terms used in the Trailer Bill.

(3) Asking or pressuring class members to terminate or give up another service already contained in their Individual Program Plan (“IPP”) in order to receive DIR treatment.

(4) Offering any form of incentive or disincentive to class members to forego DIR treatment.

The final approval hearing for the ELARC DIR/Floortime class action settlement will be held September 17, 2010. Anyone who wishes to object to the class action settlement must file an objection with the court and mail copies to the attorneys no later than July 30, 2010. More information on how to do this can be found in the class action settlement notice.