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II. Definitions.
<br />A. Actively Agsressive: 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. 'Ihe 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 WPAS includurg media accormts, newspaper artrcles, 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 firnded by DDD. The term includes DDD consumers who have
<br />died or whose whereabouts are unknown. Seq 45 CFR 1386.22(a)(2).
<br />E. DDD Employees: includes those individuals who are employed by DDD or who
<br />volunteer for DDD to provide services to individuals with developmenta) 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. Monitorine: means unaccomparded access to all residents of a program at
<br />reasonable times, which at a minimum shall include normal working and visiting hours to
<br />ensue program compliance with respect to the rights and safety of DDD consumers. See 45
<br />C.F.R. $1386.22(e).
<br />I. Probable Uause: as defined in 45 Ct'R i386, 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 />ths'decisiol orr r-easonablc infEr-cncEs dlawrr fi'orn his or hcr cxperieucc or training regarding
<br />similar incidents, conditions or problems that are usually associated with abuse and neglect.
<br />J. Program: consistent with the definition of "facility" in 45 CFR 1386.19 includes any
<br />setting that provides care, treabnent services and habilitation, even if only "as needed" or
<br />under a contractual arrangement. Programs include, but are not limited to, community
<br />Iiving 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 consumels, including but not limited to behavioral managemenl
<br />iervices, family support services, vocational support services, sheltered employment, tenant
<br />support, intensive tenant support, altemative living, supported living, group home, adult
<br />Amity home, and congregate care facilities, chore services, medicaid personal care and
<br />other personal assistance services.
<br />2COMMUNIry ACCESS AGREEMENT
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