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V <br />(a) wait until the individual's. aggressive behavior..has_{o3Red and be <br />permitted io meet with the indivif,ial .privatelv *l'il:,P?P :ft1?v*q <br />t.1nu1n io viewing distance; unless such distancq wo$q place- the individual <br />with U"*toprn"ntut disabilities at serious risk of harm based on that <br />individualls 'documented behavioral issues; if the individual would be at <br />serious rist< of harm, WPAS and DDD shall work cooperatively ^to address <br />WpAS need for cinfidentiality with the individual's need for safety; <br />ptouiJea-ttrut *V such interview does not interfere with the individual's <br />Fenavion S"ifirt Fiogrum, Individual ^Program Plan, Individual^ Service <br />plan, oi oth6t'p*gr*i plan, nor interfere -with staffing needs for other <br />individuals withdevelopmental disabilities; or <br />(b) reschedule the visit at a time mutually agreeable to WPAS and DDD <br />imployees, but no later than forry-eight (48) hotus; <br />(c) if the WPAS staff is notified that an individual is either actively^ <br />ug$"5iu" ;i t"".i"i"g one-to-gne_ supervision and if Fo*ing this the staff <br />r[5or.r to m""t witft tfie inAiuiCua, !trPAS agrees to release, indemniff, and <br />hold DDb, DSHS, the State and its employees, age1lis, officers, and servants <br />harmless for any injwies that occur from any.claims or cause ot acilon <br />*r"tt J-Uv anv WpAS employee or agent.who is iqiured as a result of 4nl <br />act co-ri#tt.a-'Uy un inaitiO*l with dlvelopmentaldisabilities except that <br />thor" rit""-stances where DDD employees' willful misconduct is the <br />pioximate cause of.the injury to WPAIr employee.or agent. WPAS agrees <br />that its staff shall sign a iat-ement to this effect-prior to reques.ting to meet <br />with -u tu.fr indiiidual. If the WPAS staff refuses to sign such an <br />ugr".*"ht, DbD employees_may deny the WPAS staff access to fhe <br />iriaiviO"at'until such ri*6 us DDD empioyees determine that !afe{ to the <br />WpAS rtuf ir no longer an issue. When a WPAS staff member elects to <br />meet wiih an individuJ who is actively aggressive, it is neither negligent nor <br />willful misconduct for a state employe-e to altow the meeting to take place. <br />H. All individuals with developmental disabilities who wish to contact WPAS staff <br />silarr *;;;il.d uncensored uccei, to writing, materials, IryAS: $d,ress and toll-free <br />i"-f.ono".' number, a stamped envelope, andor access-to a- telephone for private <br />;;;;;*ti"ns without monitoring by or permission from DDD employees. <br />I. SOLAs anti prugrams staffcd by DDD c-mployecs shall pcrmit individuals with <br />j"u"fopt-rntuf Oi*Uiiiii& io Li appointnents with WpaS sbff at !gn9s agreeable to both <br />th";A;ild *itn a developmentii aisaUility and WPAS staff. If the DDD employees <br />6;;A;ttmeeting with aDDD constun"i *itt be disruptive of the DDD consumer's <br />,."luru.r.oerum a"tiiity, WpaS staff shall be informed of this and allowed to reschedule <br />il;;;Jilfi"ni * "tO.iito <br />meet with the DDD consumer so that the appointment does not <br />disnrbi his or her regular activitv. <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 />lesal authoriry to review an individual with developmental disabilities' records only when <br />ffi;; il;;git "r, <br />ii" ppo <br />"o*,r*er is unable to ionsent, there is a cqmp^l4nt or probable <br />;;;;; i" telieve " OOb **"*er has suffered abuse or neglect. WPAS has no general <br />right to review records except in these circumstances' <br />6COMMUNITY ACCESS AGREEMENT