Bill Text: IL HB3071 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3071 Detail]

Download: Illinois-2019-HB3071-Introduced.html

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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.
LRB101 07315 RLC 52355 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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

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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

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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

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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.