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| Public Act 101-0506 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended by changing Section 4-211 as | ||||
follows: | ||||
(405 ILCS 5/4-211 new) | ||||
Sec. 4-211. Sex education for persons admitted to a
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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.
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The person receiving habilitation shall be assessed: | ||||
(1) on whether he or she has decision making capacity | ||||
to give consent to sexual activity; and | ||||
(2) for developmentally appropriate sex education | ||||
materials and resources. | ||||
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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the recipient; | ||
(B) present identity as a part of mature
adulthood; | ||
(C) replicate evidence-based programs or substantially | ||
incorporate elements of
evidence-based programs; | ||
(D) place substantial emphasis on the prevention of | ||
pregnancy and
sexually transmitted infections and diseases | ||
and shall stress that abstinence is the ensured method of
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avoiding unintended pregnancy and sexually transmitted | ||
infections and diseases, including HIV/AIDS; | ||
(E) include a
discussion of the possible emotional and | ||
psychological consequences of sexual intercourse
and the | ||
consequences of unwanted pregnancy; | ||
(F) stress that sexually transmitted infections and | ||
diseases
are serious possible health hazards of unwanted | ||
pregnancy; | ||
(G) provide information on the use or effectiveness of | ||
condoms in preventing
pregnancy, HIV/AIDS, and other | ||
sexually transmitted infections and diseases; | ||
(H) teach recipients to avoid behavior that
could be | ||
interpreted as unwanted sexual advances, and how to reject | ||
unwanted sexual
advances; and | ||
(I) explain signs of possible dangers from potential | ||
predators. | ||
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.
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