Key Components of Public Act 101-0506

  • The Act applies to persons with intellectual/developmental disabilities receiving "habilitation" in state-operated facilities, Community Integrated Living Arrangements (CILAs), Intermediate Care Facilities for persons with intellectual/developmental disabilities (ICFDD) and day training programs.  For persons who receive services at both a residential setting and a day training program, the individual can choose the site at which to receive the sex education.
  • The Act grants individuals access to sex education, resources and treatment planning that supports:
    • The right to sexual health and healthy sexual practices
    • The right to be free from sexual exploitation and abuse
  • The Act requires assessments of individuals to determine:
    • The capacity to consent to sexual activity
    • Developmentally appropriate sex education materials and resources
  • In determining consent capacity and developmentally appropriate sex education materials/resources:
    • Consideration must be given to medical, psychological and psycho-social evaluations
    • The determination must be made by a treatment team that includes the individual, professionals who have knowledge of the individual and the guardian, if one is appointed.
    • Guardian decision-making is to be made in accordance with the court order of appointment and the standards of decision-making established in the Illinois Probate Act. 
  • Sex Education material and instruction must:
    • Be appropriate to the developmentally disability of the individual
    • Present identity as part of mature adulthood
    • Replicate evidence-based programs or substantially incorporate elements of evidence-based programs
    • Place substantial emphasis on the prevention of pregnancy, sexually transmitted infections and diseases, and stress abstinence is the ensured method of avoiding unintended pregnancy and sexually transmitted infections and diseases, including HIV/AIDS
    • Include discussion of the possible emotional and psychological consequences of sexual intercourse and the consequences of unwanted pregnancy
    • Stress that sexually transmitted infections and diseases are serious possible health hazards of unwanted pregnancy
    • Provide information on the use or effectiveness of condoms in preventing pregnancy, HIV/AIDS, and other sexually transmitted infections and diseases
    • Teach individuals to avoid behavior that could be interpreted as unwanted sexual advances and how to reject unwanted sexual advances
    • Explain signs of possible dangers from potential predators
  • The Illinois Department of Human Services' role is to:
    • Approve course material in sex education
    • But, DHS cannot withhold approval of materials that otherwise meet the criteria specified on the basis that they include or refer to a religious or faith-based perspective.
  • The Act became effective 01-01-2020 with work groups collaborating with DHS on its implementation.

May 2020

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