D.C. Mun. Regs. tit. 29, r. 29-13299
"Abuse" - The wrongful treatment of a person who receives supports from DDA that endangers his or her physical or emotional well-being, through the action or inaction of anyone, including, but not limited to, an employee, intern, volunteer, consultant, contractor, visitor, family member, guardian or stranger, whether or not the affected person is, or appears to be injured or harmed. Actions of people receiving services toward other people receiving services, staff, or members of the general public are not typically reported as abuse. However, neglect may be present, as the actions may be the result of the provider failing to identify and implement appropriate supports and services, or neglecting to protect people from harm from other people.
"Complaint Coordinator" - One or more persons designated by the Director of the Department on Disability Services to manage the agency's Complaint System governed by these rules.
"Complaint System" - The District of Columbia Department on Disability Services' process for the resolution of formal complaints, including formal complaints filed with a DDA provider, required by the Department on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01et seq.).
"Consumer" - A person who receives supports or services funded or regulated by the DDS's Developmental Disabilities Administration.
"DDA Provider" or "Provider" - Means an entity that is responsible for providing residential or day services to people supported by the DDS's Developmental Disabilities Administration.
"DDA Supports" - The locally- funded supports and services provided by the Developmental Disabilities Administration, including cost of occupancy.
"Department on Disability Services" or "DDS" - Means the Department on Disability Services as established by the Department on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01et seq.).
"Developmental Disabilities Administration" or "DDA" - A subdivision of the Department on Disability Services.
"Director" - The Director of DDS.
"Exploitation" - The illegal or improper act or process of an employee, contractor, consultant, volunteer, or intern, using the resources of an individual for their own monetary or personal benefit or gain. This may also include, but is not limited to, coercion or manipulation of an individual to spend his or her own personal funds for something the individual may not have use for; and the soliciting of gifts, funds, labor, or favors.
"External Reviewer" - A person selected by the Director to provide review and resolution of formal complaints, who has:
"Failure To State A Claim" - Means that, even if all the factual allegations in a complaint are true, they are insufficient to meet the requirements for filing a complaint with DDA or a DDA provider.
"Formal Complaint" - Means a statement by a person of his or her dissatisfaction with DDA or a DDA provider that is the type of issue that can be resolved under these rules.
"Host Home" - In accordance with Section 1999.1 of Chapter 19 of Title 29 of the DCMR, means the residence owned or leased by the homeowner or principal care provider who provides host home services to the person enrolled in the Home and Community Based Services Waiver for Individuals with Intellectual and Developmental Disabilities (ID/DD Waiver).
"Individual Support Plan" - Identifies the supports and services to be provided to the person and the evaluation of the person's progress on an ongoing basis to assure that the person's needs and desired outcomes are being met.
"Intellectual Disability" - Means a substantial limitation in capacity that manifests before eighteen (18) years of age and is characterized by significantly below-average intellectual functioning, existing concurrently with two (2) or more significant limitations in adaptive functioning as defined in Section 103 of the Citizens With Intellectual Disabilities Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.03(15A) ). The determination of intellectual functioning includes consideration of the standard error of measurement associated with the particular intelligence quotient (IQ) test. The adaptive functioning deficits must cross at least two of the following three domains: conceptual, practical, and social.
"Neglect" - The failure to provide proper care, supervision or attention to a person or to the person's health, safety, or well-being; failure to provide necessities such as food, clothing, essential medical treatment, adequate supervision, shelter or a safe environment. The failure to exercise one's duty to intercede on behalf of the person also constitutes neglect.
"Office of Administrative Hearings" or "OAH" - Means the District of Columbia Office of Administrative Hearings as established by the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.01et seq.).
"Peer Supporter" - A person trained through the DDS Peer Support Pilot Program for the purposes of assisting a person with intellectual disabilities with a complaint filed through the DDA Complaint System.
"Policy" - A written statement developed by DDS that gives specific direction regarding how DDS, DDA, a DDA provider, a person, their representative or supporter, and/or an external reviewer shall operate administratively and programmatically.
"Principal care provider" - In accordance with Section 1999.1 of Chapter 19 of Title 29 of the DCMR, means the person who owns and/or leases the host home and provides host home services and supports to the person enrolled in the ID/DD Waiver.
"Procedure" - A written set of instructions developed by DDS describing the step-by-step actions to be taken by DDS, DDA, a DDA provider, a person, their representative or supporter, and/or the external reviewer.
"Provider" - Means an entity that is responsible for providing residential or day services to people supported by the DDS Developmental Disabilities Administration.
"Reportable Incident" or "Serious Reportable Incident" - Events that, due to the occurrence or the severity, require action by DDS in addition to the internal review and investigation by the provider agency.
"Representative" - An individual designated by a person to represent him or her in conjunction with a comp laint filed with a DDA provider or through the DDA Complaint System.
"Service Coordinator" - The DDS staff responsible for coordinating a person's services pursuant to their ISP and Plan of Care.
"Supporter" - An individual named by a person with intellectual disabilities to assist him or her with the DDA Complaint System (including a DDA provider complaint process) either informally, or formally in writing, through a D.C. Supported Decision Making Agreement, with the person retaining the right to make his or her own decisions.
"Third Party" - Means a friend, family member, advocate, independent peer advocate or host home principal care provider who is acting on behalf of the person with the person's consent related to the DDA Complaint System.
"Timely" - Means by the deadlines established by these rules.
D.C. Mun. Regs. tit. 29, r. 29-13299