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An individual who has a significant developmental or intellectual disability:

A) Cannot be placed under the Baker Act or Marchman Act.
B) Is automatically placed under the Baker Act.
C) Requires the same criteria as anyone else to be placed under the Baker Act or Marchman Act.
D) Is automatically placed under the Marchman Act.

1 Answer

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Final answer:

An individual with a developmental or intellectual disability requires the same criteria as anyone else to be placed under the Baker Act or Marchman Act. Involuntary commitment under these acts is based on specific criteria regardless of disability status, aligning with anti-discrimination laws such as the ADA.

Step-by-step explanation:

An individual with a significant developmental or intellectual disability requires the same criteria as anyone else to be placed under the Baker Act or Marchman Act. These acts are Florida statutes that allow for the involuntary commitment of individuals who may have a mental illness or substance abuse issues and are a danger to themselves or others. Regardless of any intellectual or developmental disabilities, an individual must meet specific criteria outlined by these acts to be involuntarily committed for assessment or treatment.

Title VI of the Civil Rights Act of 1964 and other anti-discrimination laws such as the Americans with Disabilities Act (ADA) outlaw discrimination based on race, color, national origin, and disability status, further indicating that the decision to commit under the Baker or Marchman Act cannot be solely based on a person's disability.

It's important to understand that intellectual disabilities do not automatically qualify or disqualify someone for involuntary commitment under these acts; the criteria for commitment are applied equally to all individuals, factoring in the specific circumstances of their behavior and the potential risk they pose.

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