HB3071 101ST GENERAL ASSEMBLY

LRB101 07315 RLC 52355 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by adding Section 4-211 as follows:

(405 ILCS 5/4-211 new)

Sec. 4-211. Sex education for persons admitted to a developmental disability facility.

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 to reviews of whether the admitted person is capable of giving consent to sexual activity.

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. The team performing Development of Individual Service Plan planning, including the recipient, the recipient's guardian or guardians, and licensed healthcare professionals, shall assess the need for, as well as the appropriateness of, sex education for the affected individual. If sex education is deemed appropriate, the team shall design, and the provider shall execute, through the efforts of licensed healthcare professionals and direct care staff, a sex education plan tailored to the affected individual's unique needs, ability to understand that education, and any other issues of appropriateness.

The plan shall be documented in the affected individual's Development of Individual Service Plan. If the team determines that no sex education whatsoever is appropriate, it shall be documented in the affected individual's Development of Individual Service Plan.

Depending on the needs and cognitive and intellectual abilities of the affected individual, the sex education plan may include training concerning privacy, safety, socialization, sex education, or no sex education training.

The Department shall approve course material in sex education. Materials used in this State's public school special education programs shall be a primary source of appropriate teaching materials.

Course material and instruction in sex education shall:

(1) be appropriate to the developmental disability level of the recipient, scientifically accurate, and complete;

(2) present identity as part of mature adulthood;

(3) replicate evidence-based programs, such as those used in this State's public school special education programs;

(4) when appropriate for the recipient, place substantial emphasis on the prevention of pregnancy and sexually transmitted diseases and shall stress that abstinence is the ensured method of avoiding unintended pregnancy, sexually transmitted diseases, including HIV/AIDS;

(5) when appropriate for the recipient, include a discussion on the possible emotional and psychological consequences of sexual intercourse and the consequences of unwanted pregnancy;

(6) stress that sexually transmitted diseases are serious possible health hazards of sexual intercourse;

(7) when appropriate for the recipient, explain the use of condoms in preventing pregnancy, HIV/AIDS, and other sexually transmitted diseases;

(8) teach recipients to avoid behavior that could be interpreted as unwanted sexual advances, and how to reject unwanted sexual advances; and

(9) signs of possible dangers from potential predators within the residences of recipients and in the community.

The Department shall 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 when used in a residential program that is faith-based or sponsored by a religious organization.

Assessment to determine the recipient's need and ability to comprehend sexual education shall be conducted by licensed healthcare professionals. Primary teaching responsibilities for the education must be conducted by licensed healthcare professionals; unlicensed direct caregivers shall work with licensed healthcare professionals to support the teaching process. Licensed healthcare professionals shall evaluate the effectiveness of such sexual education with input from direct caregivers.

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. If the rest of the Development of Individual Service Plan's 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.