Definitions Related to Public Act 101-0506

Definitions were developed by the Sex Education Committee. On October 2, 2020, the Committee voted on and adopted the following definitions:

Developmental Disability Facility Providing Habilitation to a Person with Intellectual/Developmental Disabilities

This type of facility includes facilities that are licensed, certified or operated as State-Operated Developmental Facilities, Community Integrated Living Arrangements, Intermediate Care Facilities for Persons with Developmental Disabilities and Day Programs.

Developmentally Appropriate

An approach to educating that respects the specific needs of each participant by centering the program material and techniques used to convey that material to the abilities of the participant, cognitively, physically and emotionally.

Evidence-based Practice

Evidence-based practice integrates three components:

  1. best research practice,
  2. professional (clinical) experience and ethics, and
  3. the individual's culture, values and preferences.

These three components work together to guide and inform the delivery of services.

Sexual Activity

Sexual activity is an expansive term, inclusive of a range of relationships, actions and topics. The assessment process should focus on a person's interest and understanding of the full spectrum of topics related to sexuality, including relationships, rights and responsibilities, sexual knowledge, masturbation, sexual health and safety, legal and illegal activities, risk factors, privacy, etc. The assessment process should not focus narrowly or exclusively on whether the person has an interest or capacity to consent to sexual intercourse with a partner.

A person who may not fully understand the act of sexual intercourse and/or may not be found competent to consent to that activity may still have interest in exploring and/or engaging in a variety of activities or topics, such as:

Activities:

Hand-holding

Kissing

Dating

Topics:

Communication

Boundary-setting

Personal Values

The determination that the person currently lacks the capacity to consent to sexual intercourse should not limit a person's opportunities in other aspects of sexuality.

 June 2020