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ACCESS AGREEMENT BETWEEN WASBXII GTON PROTECTION AND ADVOCACY SYSTEM, INC., AND THE DIVISION OF DEVELOPMENTAL DISABILITIES, DEPARTMENT OF SOCIAL AND REALTII SERVICES. This agreement is entered into by the Washington Protection and Advocacy System, Inc. (hereinafter WPAS), the protection and advocacy system authorized pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 1975, 42 U.S.C. sec. 6000, et seq., to investigate alleged incidents of abuse, neglect, and ri& violations of persons with developmental disabilities, and the Division of Developmental Disabilities (hereinafter DDD) of the Department of Social and Health Services, for the purpose of clarifying the rights and responsibilities of WPAS with respect to its access to individuals with developmental disabilities, clients, programs, and records. The Department of Social and Health Services, specifically DDD, is responsible for providing services to individuals with developmental disabilities, to the extent funding is available. In providing those services, DDD must protect the confidentiality of records and information regarding those individuals pursuant to the state and federal confidentiality laws. WAS is charged by federal law to protect the legal and human rights of individuals with developmental disabilities. WAS provides legal and related advocacy services to meet that obligation. WPAS is also required to maintain the confidentiality of records and information regarding individuals with developmental disabilities consistent with 42 U.S.C. § 6000, et seq. This agreement governs the access of Washington Protection and Advocacy System to DDD employees who do not work in Residential Habilitation Centers (RHCs) and records maintained by DDD which are associated with individuals with developmental disabilities living outeidc of RUCs. Federal laws and regulations also provide WAS with access to community programs and individuals with developmental disabilities served by DDD contracted providers. DDD will work with community providers and WAS to arrive at an agreement governing access to DDD contracted programs and the people served by them. I. General. A. That all terms used in this agreement which arc defined in the Developmental Disabilities Assistance and Bill of Rights Act of 1975, 42 U.S.C. § 6000, et- seq., will have the meaning given to them in the Act, unless otherwise stated in this agreement. B. This agreement is intended to carry out the provisions of the Developmental Disabilities Assistance and Bill of Rights Act of 1975, 42 U.S.C. § 6000, et. seg., and therefore, if this agreement is or becomes inconsistent with the Act or the implementing regulations promulgated thereto, the terms of the Act and its implementing regulations will control. C. If any provision of the agreement is held invalid, the parties intend that the remainder of the agreement not be affected. COMMUNITY ACCESS AGREEMENT