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(405 ILCS 5/4-211) Sec. 4-211. Sex education for persons admitted to a
developmental disability facility and receiving habilitation. In this Section, "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. A person
admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related
resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse.
The person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity |
| to give consent to sexual activity; and
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(2) for developmentally appropriate sex education
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As part of the assessments, consideration shall be given to medical, psychological, and psycho-social
evaluations. The person's decision making capacity to consent to sexual activity and the
developmentally appropriate sex education materials and resources shall be determined by the
treatment team that includes the individual, professionals who have knowledge of the individual, and
the individual's guardian, if appointed. Guardian decision making shall be made in accordance
with the court order of appointment and the
standards of decision making established by Section 11a-17 of the Probate Act of 1975. The Department shall approve course material in sex education. Course material and
instruction in sex education shall:
(A) be appropriate to the developmental disability of
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(B) present identity as a part of mature
adulthood;
(C) replicate evidence-based programs or
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| substantially incorporate elements of evidence-based programs;
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(D) place substantial emphasis on the prevention of
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| pregnancy and sexually transmitted infections and diseases and shall stress that abstinence is the ensured method of avoiding unintended pregnancy and sexually transmitted infections and diseases, including HIV/AIDS;
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(E) include a discussion of the possible emotional
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| and psychological consequences of sexual intercourse and the consequences of unwanted pregnancy;
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(F) stress that sexually transmitted infections and
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| diseases are serious possible health hazards of unwanted pregnancy;
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(G) provide information on the use or effectiveness
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| of condoms in preventing pregnancy, HIV/AIDS, and other sexually transmitted infections and diseases;
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(H) teach recipients to avoid behavior that could be
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| interpreted as unwanted sexual advances, and how to reject unwanted sexual advances; and
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(I) explain signs of possible dangers from potential
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The Department may
not withhold approval of materials that otherwise meet the criteria specified in this Section on the basis that
they include or refer to a religious or faith based perspective.
(Source: P.A. 101-506, eff. 1-1-20.)
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