From F.R.I.D.A. (Feminist Response in Disability Activism) (Feb. 25, 2009):
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End Involuntary Sterilization in Illinois Now!
Fact Sheet on House Bill 2290 (Sterilization of Adults with Disabilities Under Guardianship)
Background
In Illinois, the Probate Act of 1975 outlines the general duties for guardianship of an adult with a disability (i.e., a ward). However, currently there are no guidelines for when a guardian seeks to have the ward sterilized. As a result, the involuntary sterilization of people with disabilities can be abused. It is possible for a guardian to violate a person’s basic right to not be sterilized without knowledge and/or consent. Most states in the U.S. have due process protections to prevent this extreme, irreversible and dehumanizing situation… but unfortunately Illinois is still one of 16 states lacking any protections against sterilization without consent.
What Has Been Happening without HB 2290
- One guardian (the mother of the ward) did not seek the court’s
authority to consent to her daughter’s involuntary sterilization. The
intent of the guardian to have the woman sterilized was discovered when
her father received notice that his insurance policy would not cover
such a procedure. The father then interceded on his daughter’s behalf.
- The guardian of a young woman with a traumatic brain injury filed
a petition to have her involuntarily sterilized. The woman had no
knowledge of the pending petition, even though she had been using
different kinds of contraception successfully for years, and expressed
the desire to get married and raise a family one day.
Because Illinois law does not require a guardian to file a petition
under these circumstances, many of these cases never come before the
court. Instead, the guardian and the physician make the decision
for the ward, without any independent representation or protection of
the ward’s interests.
Note: Many parents of adult children with disabilities are not the
legal guardians of their children (although they may think that they
are), and have NO legal authority to seek sterilization of their adult
children. However, physicians unaware of this fact may agree to do a
sterilization based on the parent’s consent, without realizing what
they are doing is illegal.
So How Does HB 2290 Address This Problem?
HB 2290 updates the Probate Act of 1975 by adding a new section which says that:
- The guardian must file a motion requesting the court’s authority to consent to the sterilization procedure (except when a procedure is necessary to save the ward’s life or to prevent harm to the ward);
- An independent counsel should be appointed if the court finds it best serves the ward’s interest or if requested by the ward, or if the ward objects to sterilization;
- The court should seek a medical and psychological evaluation of the ward;
- A determination by the court of the ward’s capacity to consent or not consent to the proposed sterilization:
- If the ward has such capacity, there must be an entry of an order that respects the ward’s decision;
- If the ward lacks such capacity, there must be a determination of the ward’s desire regarding the proposed sterilization. If the ward has not clearly expressed a desire for sterilization, there must be proof of specific factors by clear and convincing evidence;
- If the court determines the ward lacks such capacity, there must be a determination of the ward’s best interest in accordance with certain standards; and
- The resulting court order will include written findings of fact and conclusions of law.
TAKE ACTION: So what can you do to help?
We need this bill to pass the Illinois House of Representatives NOW!
1. Look up your rep at
http://www.elections.il.gov/DistrictLocator/SelectSearchType.aspx?NavLink=1.
Right now, we especially want to reach representatives who are on the Judiciary Civil Law Committee
(http://www.ilga.gov/house/committees/members.asp?committeeID=595).
2. Contact your state representative and ask them to sponsor H.B. 2290 TODAY!
3. If you are with an organization, have your organization join our FRIDA website list to support H.B. 2290!
Organizations Supporting H.B. 2290: FRIDA, Equip for Equality (special thanks to EFE for providing the information on this fact sheet), and the ACLU of Illinois.
For more information, or to sign onto our list of organizations supporting H.B. 2290, visit www.ourfrida.org, or contact FRIDA member Michelle Robbins at (915) 496-5468 or
free_our_people@yahoo.com.
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