Robin H Read FINAL CONTRACT - Laserfiche WebLink

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(a) wait until the individual's aggressive behavior has stopped and be permitted to meet with the individual privately while DDD employees remain in viewing distance; unless such distance would place the individual with developmental disabilities at serious risk of harm based on that individual's documented behavioral issues; if the individual would be at serious risk of harm, WAS and DDD shall work cooperatively to address WAS need for confidentiality with the individual's need for safety; provided that any such interview does not interfere with the individual's Behavior Support Program, Individual Program Plan, Individual Service Plan, or other program plan, nor interfere with staffing needs for other individuals with developmental disabilities; or (b) reschedule the visit at a time mutually agreeable to WAS and DDD employees, but no later than forty-eight (48) hours; (c) if the WAS staff is notified that an individual is either actively aggressive or receiving one-to-one supervision and if knowing this the staff chooses to meet with the individual, WAS agrees to release, indemnify, and hold DDD, DSHS, the State and its employees, agents, officers, and servants harmless for any injuries that occur from any claims or cause of action asserted by any WPAS employee or agent who is injured as a result of any act committed by an individual with developmental disabilities except that those circumstances where DDD employees' willful misconduct is the proximate cause of the injury to WPAS' employee or agent. WAS agrees that its staff shall sign a statement to this effect prior to requesting to meet with any such individual. If the WAS staff refuses to sign such an agreement, DDD employees may deny the WAS staff access to the individual until such time as DDD employees determine that safety to the WAS staff is no longer an issue. When a WPAS staff member elects to meet with an individual who is actively aggressive, it is neither negligent nor willful misconduct for a state employee to allow the meeting to take place. H. All individuals with developmental disabilities who wish to contact WAS staff shall be provided uncensored access to writing materials, WPAS' address and tall -tree telephone number, a stamped envelope, and/or access to a telephone for private conversations without monitoring by or permission from DDD employees. I. SOLAs and progimns staffcd by DDD employecs shall permit individuals with developmental disabilities to set appointments with WAS staff at times agreeable to both the individual with a developmental disability and WAS staff. If the DDD employees know that a meeting with a DDD consumer will be disruptive of the DDD consumers regular program activity, WAS staff shall be informed of this and allowed to reschedule the appointment in order to meet with the DDD consumer so that the appointment does not disrupt his or her regular activity. V. Access to Records of Individuals with Developmental Disabilities. A. WAS has access to records as provided in 42 U.S.C. § 6042, et. seq. WPAS has legal authority to review an individual with developmental disabilities' records only when there is consent or, if a DDD consumer is unable to consent, there is a complaint or probable cause to believe a DDI5 consumer has suffered abuse or neglect. WPAS has no general right to review records except in these circumstances. COMMUNITY ACCESS AGREEMENT