Illinois Compiled Statutes 405 ILCS 5/4-211 – Sex education for persons admitted to a developmental disability …
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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
(1) on whether he or she has decision making capacity
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to give consent to sexual activity; and
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(2) for developmentally appropriate sex education
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materials and resources.
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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 § 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
Terms Used In Illinois Compiled Statutes 405 ILCS 5/4-211
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Probate: Proving a will
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(A) be appropriate to the developmental disability of
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the recipient;
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(B) present identity as a part of mature adulthood;
(C) replicate evidence-based programs or
(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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predators.
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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.