101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3071

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/4-211 new

    Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility shall have access to sex education, related resources, and treatment planning that supports his or her right to be safe from sexual exploitation and abuse, including access reviews of whether the admitted person is capable of giving consent to sexual activity. Provides that Development of Individual Service Plans for clients receiving residential developmental disability and intellectual disability (DD/ID) services shall include an assessment of each client's need for sex education training on a case by case basis. Provides that the Department of Human Services shall approve course material in sex education. Provides that materials used in the State's public school special education programs shall be a primary source of appropriate teaching materials. Provides the criteria that must be included in the course materials and instruction in sex education. Provides that unless inconsistent with federal or State law or with court documentation that conferred guardianship, the guardian or guardians have final authority to approve or disapprove any proposed sex education plan. Provides that if the rest of the Development of Individual Service Plan planning team or the provider believe that the guardian's decision is not in the affected individual's best interests or is in any other way inappropriate, detrimental, or unfair to the affected individual, the provider has the prerogative to further pursue any point of contention, whether issues of fact or of law, through administrative or legal action.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by adding Section 4-211 as
6follows:
 
7    (405 ILCS 5/4-211 new)
8    Sec. 4-211. Sex education for persons admitted to a
9developmental disability facility.
10     A person admitted to a developmental disability facility
11shall have access to sex education, related resources, and
12treatment planning that supports his or her right to be safe
13from sexual exploitation and abuse, including access to reviews
14of whether the admitted person is capable of giving consent to
15sexual activity.
16    Development of Individual Service Plans for clients
17receiving residential developmental disability and
18intellectual disability (DD/ID) services shall include an
19assessment of each client's need for sex education training on
20a case by case basis. The team performing Development of
21Individual Service Plan planning, including the recipient, the
22recipient's guardian or guardians, and licensed healthcare
23professionals, shall assess the need for, as well as the

 

 

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1appropriateness of, sex education for the affected individual.
2If sex education is deemed appropriate, the team shall design,
3and the provider shall execute, through the efforts of licensed
4healthcare professionals and direct care staff, a sex education
5plan tailored to the affected individual's unique needs,
6ability to understand that education, and any other issues of
7appropriateness.
8    The plan shall be documented in the affected individual's
9Development of Individual Service Plan. If the team determines
10that no sex education whatsoever is appropriate, it shall be
11documented in the affected individual's Development of
12Individual Service Plan.
13    Depending on the needs and cognitive and intellectual
14abilities of the affected individual, the sex education plan
15may include training concerning privacy, safety,
16socialization, sex education, or no sex education training.
17    The Department shall approve course material in sex
18education. Materials used in this State's public school special
19education programs shall be a primary source of appropriate
20teaching materials.
21    Course material and instruction in sex education shall:
22        (1) be appropriate to the developmental disability
23    level of the recipient, scientifically accurate, and
24    complete;
25        (2) present identity as part of mature adulthood;
26        (3) replicate evidence-based programs, such as those

 

 

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1    used in this State's public school special education
2    programs;
3        (4) when appropriate for the recipient, place
4    substantial emphasis on the prevention of pregnancy and
5    sexually transmitted diseases and shall stress that
6    abstinence is the ensured method of avoiding unintended
7    pregnancy, sexually transmitted diseases, including
8    HIV/AIDS;
9        (5) when appropriate for the recipient, include a
10    discussion on the possible emotional and psychological
11    consequences of sexual intercourse and the consequences of
12    unwanted pregnancy;
13        (6) stress that sexually transmitted diseases are
14    serious possible health hazards of sexual intercourse;
15        (7) when appropriate for the recipient, explain the use
16    of condoms in preventing pregnancy, HIV/AIDS, and other
17    sexually transmitted diseases;
18        (8) teach recipients to avoid behavior that could be
19    interpreted as unwanted sexual advances, and how to reject
20    unwanted sexual advances; and
21        (9) signs of possible dangers from potential predators
22    within the residences of recipients and in the community.
23    The Department shall not withhold approval of materials
24that otherwise meet the criteria specified in this Section on
25the basis that they include or refer to a religious or
26faith-based perspective when used in a residential program that

 

 

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1is faith-based or sponsored by a religious organization.
2    Assessment to determine the recipient's need and ability to
3comprehend sexual education shall be conducted by licensed
4healthcare professionals. Primary teaching responsibilities
5for the education must be conducted by licensed healthcare
6professionals; unlicensed direct caregivers shall work with
7licensed healthcare professionals to support the teaching
8process. Licensed healthcare professionals shall evaluate the
9effectiveness of such sexual education with input from direct
10caregivers.
11    Unless inconsistent with federal or State law or with court
12documentation that conferred guardianship, the guardian or
13guardians have final authority to approve or disapprove any
14proposed sex education plan. If the rest of the Development of
15Individual Service Plan's planning team or the provider believe
16that the guardian's decision is not in the affected
17individual's best interests, or is in any other way
18inappropriate, detrimental, or unfair to the affected
19individual, the provider has the prerogative to further pursue
20any point of contention, whether issues of fact or of law,
21through administrative or legal action.