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v <br />(a) wait until the individual's. {ggressive behavior.tras_stopped ryd be <br />permrtted to meet with the individual .privately w$le- DDD employees <br />remarn in viewing distance; unless such distance wogl{ place- the individual <br />with developmeital disabilities at serious risk of harm based on that <br />individgal's bocumented behavioral issues; if the individual would be at <br />serious risk of harm, WPAS and DDD shatl work cooperatively to address <br />WPAS need for confidentiality with the individual's need for safety; <br />provided that any such interview does not interfere with the individual's <br />behavior Support Program, Individual Program Plan, Individlal^ Service <br />plan, or oth6r prograri plan, nor interfere with staffing needs for other <br />individuals witlr-developmental disabilities; or <br />(b) reschedule the visit at a time mtrtually agreeable to WPAS and DDD <br />employees, but no later than forry-eight (48) hours; <br />(c) if the WPAS statr is notified that an individual is either actively <br />aggressive or receiving one-to-one supjrvision and if knowing this the staff <br />"[5os"s <br />to meet with t[e individual, WpaS agrees to release, indemnify, and <br />hold DDD, DSI{S, the State and its employees, agents, officers, and servants <br />harmless for any-injuries that occur hom any claims or cause of action <br />asseded bv anv WPAS empToyee or agent who is injured as a result of 4nY <br />act co-mmitted-by an individuil with ilevelopmentaldisabilities excepl that <br />those circumstances where DDD employees' willful misconduct is the <br />proximate cause of the injury to WPAS' employee-or agent. WPAS agrees <br />inat irs sraff shall sign a itat-ement to this effect_prior to requesting to meet <br />with any such indiiidual. If the WPAS staff re!:ses to sign such an <br />ugr""^.nt, DDD employees may deny the IWAS staff access to the <br />iridividual'rintil such rit"6 as DDD employees determine that safety to the <br />WPAS staff is no longer an issue- When a WPAS staff member elects to <br />meet with an individui who is actively aggressive, it is neither negligent nor <br />willful misconduct for a state employee to allowthe meeting to take place. <br />H. All individuals with developmental disabilities who wish to contact WPAS-. staff <br />shafl be <br />-provided <br />uncensored acceis to writing. materials, yPAS' address and toll-free <br />irf"pnond number, a stamped envelope, ani/or access to a- telephone for private <br />coniersations without monitoring by or permission from DDD employees. <br />L SOLAs apd proglams staffcd by DDD errployecs shall pcrmit individuals with <br />J"u"topt"ntA aisabiiitiJs to set appoilrnent" with WPAS staff-at ttmes agreeable to both <br />tft" indi"ia"al with a developmeritil disability and WPAS staff. If the D_DD employees <br />f."o* *tut a meeting with a DDD constrmei witt be disl,ptive of the DDD consumer's <br />i"Lufu.progtam actility, WPAS staff shall be informed of this and allowed to reschedule <br />ih;;pt&"t*ent in orderto meet with the DDD consumer so that the appointment does not <br />disrubt his or her regular activity. <br />Access to Records of Individuals with Developmental Disabilities. <br />A. WpAS has access to records as provided in 42 U.S.C, $ 6042, et. seq. WPAS has <br />ieeal authority to review an individual with developmental disabilities' records only when <br />ihil; i;;";r;irt or, if a DDD consumer is unable to ionsent, there is a cgmplqint or probable <br />"u"." to believe a nOD consumer has suffered abuse or neglect. WPAS has no general <br />right to review records except in these circumstances. <br />6COMMUNIry ACCESS AGREEMENT