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It is through this lens that sexual rights can rise from the shadows as an essential aspect of full community integration alongside supports that include employment, education, and skills for daily living.
The Article concludes by proposing reasonable modifications that group homes may undertake to avert sexual isolation, striving to balance the sexual rights of residents against the risk of exploitation and abuse that may arise in intimate relationships.
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Some courts have begun to expand the reach of the integration mandate beyond the physical walls of confinement. So if you are looking for a place for “casual encounters”, the list above should come in handy.Abstract Adults with intellectual disabilities who live in group homes possess the same complex range of sexual desires and identities as all adults do. 17, 2014) (finding that a fundamental alteration defense inquiry involves “fact-intensive issues that require further development of the record”); , 823 F.3d at 915; Radaszewski v. 2004) (finding that evidence that a modification would “substantially increase” a state’s expenditures cannot, alone, defeat an integration claim under Title II)384, at 288–89 (in providing community-based supports and services, “Medicaid is a federal-state cooperative program, in which the federal government bears the larger share of the expense; this fact mitigates the state’s hardship claim”).Although legal scholars have explored the complexity of disability and sexual consent capacity and examined sexual rights in the context of institutionalized care, they have yet to explore the ramifications of policies and practices within group homes under federal disability rights law. Appendix 2 has been reproduced with the permission of YAI. Any person or organization seeking to use YAI’s policy for any purpose, including reproduction, must get the express written consent of YAI. Clarifying the role and responsibilities of both the agency and the employees in supporting the sexuality of intellectually disabled adults within various departments of the agency will allow for consistency, transparency and clarity in administering the sexuality policy.This Article takes on that task and concludes that group homes have an affirmative duty to support intellectually disabled adults in exercising choices around sex and intimacy. Interview with Consuelo Senior, Assistant Coordinator of Sex Education Learning & Talent Development, YAI, in New York, N.