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II. Definitions. <br />A. Actively Aggressive: means that the individual with developmental disabilities is <br />assaulting others or is threatening to do so, or the individual with developmental disabilities <br />is actively harming him or her self. <br />B. Client Services: means legal representation. The term does not include monitoring <br />and observation. <br />C. Complaint: as defined in 45 CFR 1386, or hereinafter amended, includes, but is not <br />limited to, any report or communication, whether formal or informal, written or oral, <br />received by WAS including media accounts, newspaper articles, telephone calls (including <br />anonymous calls), from any source alleging abuse or neglect of an individual with a <br />developmental disability. <br />D. DDD Consumer: means an individual with a developmental disability receiving <br />support from a program funded by DDD. The term includes DDD consumers who have <br />died or whose whereabouts are unknown. See 45 CFR 1386.22(a)(2). <br />E. DDD Em to Lees: includes those individuals who are employed by DDD or who <br />volunteer for DDD to provide services to individuals with developmental disabilities. <br />F. Emergencies: means actions, omissions, or conditions that immediately threaten an <br />individual with a developmental disability's health, life or well being. <br />G. Individual with a Developmental Disability: means individuals with developmental <br />disabilities in the process of applying for or who have been found eligible for services from <br />DDD. <br />H. Monitoring: means unaccompanied access to all residents of a program at <br />reasonable times, which at a minimum shall include normal working and visiting hours to <br />ensure program compliance with respect to the rights and safety of DDD consumers. See 45 <br />C.F.R. §1386.22(g). <br />I. Probable Cause: as defined in 45 CFR 1386, or hereinafter amended, means a <br />reasonable ground for belief that an individual with developmental disabilities has been, or <br />may be, subject to abuse or neglect. The individual making such determination may base <br />the decision on reasonable inferences drawn from his or her experience or training regardnig <br />similar incidents, conditions or problems that are usually associated with abuse and neglect. <br />J. Pro am: consistent with the definition of "facility" in 45 CFR 1386.19 includes any <br />setting that provides care, treatment services and habilitation, even if only "as needed" or <br />under a contractual arrangement. Programs include, but are not limited to, community <br />living arrangements (e.g., group homes, adult family homes, congregate care facilities, <br />boarding homes, individual residences and apartments), day programs, juvenile detention <br />centers, nursing homes, homeless shelters, jails and prisons. <br />K. Provider: means those individuals/corporations with whom DDD contracts to <br />provide services to DDD consumers, including but not limited to behavioral management <br />services, family support services, vocational support services, sheltered employment, tenant <br />support, intensive tenant support, alternative living, supported living, group home, adult <br />family home, and congregate care facilities, chore services, medicaid personal care and <br />other personal assistance services. <br />COMMUNITY ACCESS AGREEMENT <br />