In 2019, the Commission initiated legislation to add a section to the Illinois Mental Health and Developmental Disabilities Code that would require residential and vocational facilities serving individuals with intellectual and developmental disabilities to evaluate consent capacity and provide developmentally appropriate sex education. The legislative proposal arose from repeated findings of associated rights violations investigated by the Commission's Human Rights Authority. Sponsored by Representative Will Davis and Senator Don Harmon, both Commissioners for IGAC, the bill was signed into law by Governor Pritzker in August 2019. It applies to state-operated DD facilities, CILAs, ICFDD facilities and day programs. Below is a link to the Public Act.
Subsequent to the legislation being signed into law, the Commission and the Illinois Department of Human Services began collaborations together with multidisciplinary work groups consisting of self-advocates, disability service providers, advocacy organizations and others to facilitate the Act's implementation. Part of the group's efforts generated the Guardian Fact Sheet specific to sexual expression and sex education as well as a statement on sexual rights. There are two versions of the sexual rights statement, one of which is easier to read. The Department of Human Services has created a web page that also includes information developed by the work group, including information about the Act, curricula reviews and a resource list. The link to the Department's web page is listed below.
For more information about the Act, please contact Teresa Parks at Teresa.Parks@illinois.gov or 309-671-3061.