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V <br />(a) wait until the individual's. aqgressive behavior.has_{qpptA ryd be <br />permitted to meet with the individual privately wlrlle- DDD employees <br />remain in viewing distance; unless such distance would place the individual <br />with developmental disabilities at serious risk of harm based on that <br />individual's documented behavioral issues; if the individual would be at <br />serious risk of harm, WPAS and DDD shall 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, Individual Service <br />Plan, or other program plan, nor interfere with staffing needs for other <br />individuals with developmental disabilities; or <br />(b) reschedule the visit at a time mutually agreeable to WPAS and DDD <br />employees, but no later than forty-eight (48) hours; <br />(c) if the WPAS staff is notified that an individual is either actively_ <br />aggressive or receiving one-to-one supervision and if knowing this the staff <br />cf,ooses to meet with the individual, WPAS agrces to release, indemniff, and <br />hold DDD, DSFIS, the State and its employees, agents, officers, and servants <br />harmless for any injuries that occur from any claims or callse of action <br />asserfed by any WPAS employee or agent who is i4fured as a result of any <br />act committedby an individual with ilevelopmental disabilities 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 />itrat its staff shall sign a statement to this effect prior to requesting to meel <br />with any such individual. If the WPAS staff refuses to sign such an <br />agreement, DDD employees may deny the WPAS staff access to the <br />individual until such time 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 individual 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 />shall be provided uncensored access to writing materials, W?AS' address and toll-free <br />telephone number, a stamped envelope, and/or access to a- telephone tbr private <br />conversations without monitoring by or permission from DDD employees. <br />I. SOLAs zurd prcgrams stafflcd by DDD cmployecs shall pcrmit individuals with <br />developmental disabilities to set appointnents with WPAS staff at times agreeable to both <br />the individual with a developmental disability and WPAS staff. If the DDD ernployees <br />know that a meeting with a DDD conswner will be disruptive of the DDf) consumer's <br />regular program activity, WPAS staff shall be informed of this and allowed to reschedule <br />the appoinnnent in order to meet with the DDD consumer so that the appointment does not <br />disrupt his or her regular activity. <br />Access to Records of Individuals with Developmental Disabilities. <br />A. W?AS has access to records as provided in 42 U.S.C. $ 6042, et. seq. W?AS has <br />legal authority to review an individual with developmental disabilities' records only when <br />thEre is consent or, if a DDD consumer is wrable to consent, there is a complaint or probable <br />cause to believe a DDD consumer has suffered abuse or neglect. WPAS has no general <br />right to review records except in these circumstances. <br />6COMMUNITY ACCESS ACREEMENT