| 6400.32(h) | On 11/4/25 at 2:05PM, the agency is not ensuring Individual #1's right to privacy and using person center planning. Cameras are recording audio and video in all common areas of the home. | An individual has the right to privacy of person and possessions. | · An internal investigation was initiated on November 7, 2025, due to the nature of the citation. · Audio recording features on cameras were disabled during the investigation. · The team reviewed and updated the camera description and shared it with each individual for review and feedback. o The client description was in place initially but was changed to include the following in each section listed below. This camera description is filled out during the team meeting with the person, team, Legal Guardian (if applicable) and Supports Coordinator: § Individual Notice: List anyone else who was notified and signed the consent. § Person-Center planning: List out the need(s) of the individual that will be met by the technology and how the technology will ensure the individual's health, welfare, and independence. The training is needed to successfully utilize the technology. § Impact on other individuals- names of others impacted and have they received the education on the cameras and consent to use them. § Location of Devices: list specifically where the cameras are in the home location. § Purpose of the Device: Describe why the device is being used in the home location with the team, person involved in this discussion during the meeting. § Description: Final summary of the reason for the camera's and the teams decisions. · Although all individuals had previously signed consent permitting audio and video recording (for the purpose of supporting neglect investigations), the camera description had been updated accordingly: o It lists if the individual agrees or not. o It lists a spot to enter in discussion during the meeting specific to that individual. o It lists reasons that have to be written in for audio and audio recording consents. o The signatures now have to have to have the Supports Coordinator sign as the non-bias party to ensure that the rights of the individual were really explained. · The Support Coordinator will participate (if available) in a follow-up meeting with the team and the individual to confirm that all parties understand the purpose of the recordings and agree that there are no alternative methods to ensure the individual's safety. · The administrative, management, and non-management that reviews the camera's will be re-educated on the Camera Monitoring policy and sign the camera monitoring policy process verification page. Description of the process: The policy referenced above has been updated and revised. The process for obtaining camera consent is outlined below.
A meeting is scheduled with the individual, their Guardian, the Program Specialist, and the Supports Coordinator. If the individual requests that another person attend, they may invite that person directly or notify the Program Specialist so arrangements can be made. During the meeting, the team conducts a personalized review of the camera description. Any additions or changes made during the meeting are highlighted in yellow on the hard copy of the individualized and home-specific camera description. The camera description follows the Appendix H format, presented in a bulletin style with corresponding (+) or (--) indicators. Any narrative descriptions added to these bullet points are also highlighted, which is person specific. The individual and team then sign both the camera description and the consent form, which documents whether the individual agrees or does not agree to cameras being live, recording, and/or recording with audio. The team reviews the policy with the individual, and camera footage specific to their home is shown so they understand what the system captures. The individual receives an explanation of their rights and the team's recommendations. The Camera Awareness Form includes space to document person-centered discussion and the reasons for utilizing audio and/or audio recording. Justifications are also included in the camera description. All parties sign and date the form, indicating agreement or disagreement. The policy, the Camera Awareness Consent Form, and the individualized camera description are all filed together in the individual's program book. Education is always provided to the individual; however, in cases where an individual is unable to legally understand due to cognitive functioning, the guardian will make a decision based on what they believe is in the individual's best interest. If cameras will utilize audio with recording, this must be included as a restriction within the individual's Behavior Support Plan (BSP). The BSP must clearly justify the need for this level of restriction and will be updated to include a section that mirror the reasoning documented in the camera description. Any restrictions are sent to the Supports Coordinator to be incorporated into the Behavior Support section of the ISP. Staff monitoring education for both management and non-management personnel will be completed through Paycom with a required signature page. This confirms staff understanding of when and why they should view camera footage and their responsibility to report any concerns or suspected abuse. All organizational staff will receive education on the camera system and related procedures, with documentation completed in Paycom. The camera consent process will be completed alongside annual individual rights reviews. BSPs that include audio/recording components are updated every six months and then provided to the Supports Coordinator to ensure proper inclusion in the ISP with the necessary descriptions. |
12/31/2025
| Implemented |