parents rights when dealing with cps california
Be honest and talk to your investigator. After the 60 day Initial Assessment period, a decision is made . Mandate a search for family members to be given the opportunity to adopt their own relatives if children need to be removed permanently. To learn more about how Family Preservation Foundation can help you with your CPS investigation or case visit. Toll Free within California (800) 540-4000. The ruling would be that it had already been investigated. However, if they have a court order or believe that a child is in imminent danger, the CPS workers do not have to abide by this rule. Neighbors pulled her out, and firefighters responding to the call of a woman trapped in the collapse found her in cardiac arrest . Lots of money., This practiceoverly suspicious government officials seizing children from their parentsisnt confined to Minnesota.. This ChildHelp National Child Abuse Hotline. You have the right to know the charges against you in detail. If you or a loved one has been dealing with CPS or child custody issues, we invite you tocontact us at Pride Legalfor legal counseling or any further questions. Do not settle for a vague "neglect" or "abuse" charge. Children have a fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role. The three are among thousands of parents clamoring for change in Minnesotas child custody laws., Right now in our state, criminals have more rights than parents. Sole legal custody orders are rare and not favored by Californias child custody laws unless: Also Check: Parent Plus Loan Credit Score. That basically means that if you refuse to allow the child to be interviewed, CPS must obtain a court order from a judge stating that you must allow the interview or that the situation must be of such an emergency or risk that the child must be taken into the investigator's custody and interviewed. We have been updating you about a bill that threatens parental rights, Senate Bill 866. If abuse is suspected, a report should be filed with qualified and experienced agencies that will investigate the situation. We have written articles about subjects such as parental alienation in a California child custody case as well as the impact of false allegations of child abuse. A General Timeline of CPS Action. Unexpected visits can be scary, however, parents should stay calm and cooperate with the investigation. A child is neglected by a parent or caretaker who fails to provide adequate food, clothing, shelter, medical care or supervision. Mandated reporters include doctors, lawyers and therapists. However, as a parent, youll still have a lot of rights over your child. Some of them are blatantly and obviously false, like the time I was accused of having animal feces all over my home when I didnt even own a pet. The abuse of authority can be addressed later without you ending up in a jail cell. If the social worker identifies the household or a family member as being directly threatening to a child, they have the right to take that child away. This may include landlords, neighbors, friends or family members. Tell your attorney if you, your child, or your child's other parent might be an eligible member of an Indian tribe. Read Also: How To Get Home Health Care For Parents. This is to prevent the parents from being on their best behavior, and from getting rid of any incriminating evidence. (a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of his or her children, while compelling, is not absolute. D.C., New York, Massachusetts, Washington and Connecticut are the five places with the highest average cost for child care for an infant in a family child care center for 2021. Also, your attorneys job is to explain the law and how it applies to the facts of your case. For example, you should not assume that you HAVE TO drive to and show up at the offices of the county social worker; nor should you be coerced to bring your children into the CPS or DCFS offices to be interviewed without being served with a legal court order to do so. KdsbCA{P~g%uqpR 9r&B\J3o>33wy3 P$'^!Cq2s1>UPYKtFO/D5LDbM%huH>RJV}5]94j^^zwek,E7.;E7lE!3SPdh,=)4 Parents have the right to court appointed counsel during CPS proceedings against them. We are actively working in California to prevent further loss of parental rights. the "no prior consent" interview of a child, will ordinarily constitute a "clear violation" of the constitutional rights of parents under the 4th and 14th Amendments to the U.S. Constitution. For example: your spouses work number, a neighbor who is on your side and would be willing (ahead of time) to come over and witness the interaction of you and the social worker, and a Juvenile Dependency and Criminal Defense lawyer who will be immediately available if your children are forcibly taken from you; if your children are taken from their school without your knowledge, or should you be arrested by the police. It is always a good idea to follow up verbal communications with written confirmation . Remember that you always have rights! The majority of CPS and DCFS social workers abhor most any form of parental punishment. (b) The court may grant reasonable visitation rights to a person who previously served as the legal guardian of a child, if visitation is determined to be in the best interest of the minor child. Visit disclaimer page. 202 0 obj <> endobj 230 0 obj <>/Filter/FlateDecode/ID[<06EA8C70B8159E82ABEA5F5F716E28F5><7458F8399E034BE5895A8A3E182E4418>]/Index[202 56]/Info 201 0 R/Length 130/Prev 686722/Root 203 0 R/Size 258/Type/XRef/W[1 3 1]>>stream We are working to save the children of America. It is unlawful for the school to ask for proof of . Yet child services investigators and prosecutors withheld the doctors findings from the judge and parents through two separate hearings. It is set up to steal from the American people, and over the past several decades, tens-of-billions of dollars have been stolen by the . In Loudermilk v. Administration for Children, Youth, and Families, a federal district court ruled that Arizona child services investigators were protected by immunity when they forced their way into a familys home without a warrant using threats of taking the couples children away. You do not have the right to custody or reunification services. Do not take attention to detail and good writing for granted. If you or a loved one is seeking more information on what CPS can and cannot do in California, contact us. These questions are not necessarily accusations, just ways for them to get the full picture of what goes on in the home. Parents are not obligated to let them into the house. Poor parents are more likely than middle-class parents to have their parental rights terminated because theyre more likely to have their children taken in the first place, he said. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. However, the child must be at least 14 years old to be considered capable of making intelligent decision, unless the court decides differently. Welfare and Institutions Code 317 and California Rule of Court, Rule 5.660 provide standards of representation of legal counsel representing parties in a dependency proceeding. It is important for you to look at your local county rules to see if your attorney is meeting those requirements. The Fourth Amendment states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.. It is okay to tell a social worker that a drug test is irrelevant to a case and they need a court order. They used to be called orders to show cause.. The ruling comes in an Arizona case in which social workers, accompanied by Maricopa County deputy sheriffs, made unsupported threats to place a familys children in custody and arrest the parents if they were not allowed to make what ended up being an allegedly illegal search of the familys home. Get Involved Today. If they insist, coerce, or threaten you with some consequence for keeping them out, stand your ground. Social Services took her children, took children of her relatives (at 3:00 in video), and even removed the children of her lawyer (at 4:15) from the lawyers home! In Fenn v. Mediation also does not need to be a one and you are out process. Although CPS workers may show up unannounced, they do not have the right to enter your home unless they have a warrant signed by a judge. A Federal District Court ruling held that the law in such instances was clearly established; the Fourth Amendment applies to social services investigations and this worker should have known that the search violated the familys rights. Even today, CPS social workers can still discriminate against you. Knowing parents rights when dealing with CPS cases is important, as losing children could mean the world. Report Hidden from Parents Mandate a jury trial where every piece of evidence is presented before permanently removing a child from his or her parents. Since our founding, weve changed the lives of many children in in the United States. However, refusing to answer a question may raise more concerns in the case. After a report of child abuse or neglect has been accepted, CPS workers will review the information and determine whether further investigation is needed. %PDF-1.5 % Social workers in Kentucky proved completely vindictive when a mother (Vanessa Shanks) stood up to them. The weight the court gives such behavior will depend on the extent of the misconduct. So we can send you updates and critical alerts regarding parental rights and CPS. Unfortunately, 90% of people will mistakenly comply with such orders as they seem mandatory all the while the CPS social workers are building a case against you with your help and your willing cooperation. That said, if you were to video tape yourself while talking on the phone so that your side of the conversation was recorded that might be useful to remember exactly what you said. Go to and participate in all court hearings about your children, unless your parental rights were ended. They are mandates. Investigators do not assume you did it when they receive the report. In California it is illegal to record a telephone call without the consent of all parties to the conversation. Contact my state and Federal representatives via Facebook. This is why it is important to know parents rights when dealing with CPS. If it is not an emergency, then it starts with filing a child custody request for order, whether that is for the initial request or a modification of a child custody order. Return and make precise notes. Facts include: In this guide on California child custody laws, we will go through the most important factors both we and, in our opinion, the family law judge will look at in any custody and visitation case. However, its important to know that it does not always happen this way, and you may be investigated for the same type of allegation from the same reporter many times. a history of each parents relationship with the children up to the present date, a detailed understanding of any significant issues related to the, an evaluation of the current status quo custody arrangement, and. Parents and guardians have the right to deny any allegations made by CPS. If you are being investigated by the Child Protective Services (CPS), or a Department of Social Services (DSS) mandated with child protective responsibilities you need legal representation today. Should I contact my lawmakers about the Parental Rights Amendment? This also prevents a child from being threatened by abusive parents for disclosing any information. Outside of California (213) 639-4500. During the caseworker's first contact with you, she is required by federal law to tell you, in detail, about the charges against you. And even if you do absolutely nothing wrong, your children can be taken from you., What happens when a system that was designed to protect children fails? If the parents were unable to resolve the matter in the first mediation session but made good progress, the mediator can set a second session before the court date for the parents to try again. If such requests are being made of you it might be time to seek legal counsel as it is likely that the social workers are, in fact, building a case against you. Your Rights as a Parent When Dealing with CPS Child Protective Services (CPS) is a division of the department of social services that is in charge of safeguarding children and minors from physical abuse, sexual abuse, or neglect within the family. hWmo6+bNIC 4@WqAX-g#NID2$J&*&:CsCMH4)NW. 7) Attempt to record all of your telephone conversations with any CPS or DCFS employees. California child custody laws give the court the power to issue fines, community service and even jail time. CPS is a criminal organization, designed to racketeer and commit other treasonous crimes. The California Supreme Court's ruling in re Marriage of Harris 96 P.3d 141, 149, 151 (Cal. If you believe that your child is in imminent danger and have evidence to support your concern, call the Child Abuse Hotline for the county where your child is residing. CPS must try to find both parents. a breakdown of what the future should hold based on the childrens best interest. The articles on this page expose some deep problems that shouldnt be ignored within Child Protective Services (CPS). How you react to CPS can make a difference in your case. DO NOT SPEAK TO THEM other than to inform them that you will speak to them when you have contacted your attorney, and when your lawyer is present. Shes been devastated. Once called, CPS has a duty to investigate the situation within 24 hours, usually with a call or visit, if they believe there is reasonable suspicion the a child is not safe. Since child sexual abuse is a crime in all 50 states, therefore further investigation on the case by law enforcement may be needed in child sexual abuse cases. Most people would assume that only a lawyer or a judge are considered to be an officer of the court, but this is not the case. Uncooperative parenting and interfering with the other parents rights may not only lead to a change in custody but a contempt action against the interfering parent. We're here for you 24/7. If you do, we'll connect you to a qualified lawyer today. The administrative framework for CPS will vary from state to state. Child Protective Services Victories for Parents' Rights May Help in Dealing with CPS Two recent court cases affirmed the 4th amendment right of the family to protection from unreasonable searches and seizures by Child Protective Services #1 . Please join our email list to stay informed of parental rights issues. Reporters who are required to do so are required to report any suspected cases of child abuse. Knowing what CPS is legally allowed to do can put your mind at ease during an investigation. On the other hand, if we change the fact of the scenario to a report concerning an unattended minor with special needs, there is a risk factor here, and so an investigation will be required. You mightve heard of cases where children are taken away from their families because they are unfit to take care of them. California CPS also has jurisdiction if the abuse happened in another state, but the child now lives in. The agency has an obligation to investigate every substantial report. There are very few exceptions to this. Get your free consultation with one of our California Family Law Attorneys today. Parents' rights Though unconstitutional and an unforgivable offense, complaints of child abuse and neglect may at times be acted upon by CPS in a manner that may be termed unjust to the parents. Generally, the investigation process can take up to 18 months. A: When youre being questioned by a person in authority, you can think that you have to do everything they say. If parents are not ready for the visit, they can simply say no and reschedule the interview for another time. How a minors counsel is paid and which parent pays for it is within the discretion of the court and dependent on both the issues as well as the needs and ability to pay of each parent. For instance, an investigation may not be needed if there is no real foundation to the claims that the child has been abused or neglected. In most situations, the government must give parents a reasonable opportunity to regain custody by correcting the problems that led to their kids being taken away. At least, were left to assume the kids live happily ever after, since newspapers rarely mention the terrible things that happen to many of the children who get kidnapped by the state. The different types of administration determine things such as goals and objectives, policymaking, and responsibilities of CPS in each state. However, demand to know the details of your charges: who, what, when, and where. One of the worst fears of a parent is to have their child taken away. Therefore before continuing with the conversation ask the CPS social worker if he or she agrees that you record the call. Sometimes the questions might seem to be unrelated to the allegations, but the goal of the questions is to help paint a bigger picture for the CPS workers to understand the full story. FERRIER FILES: Do Criminals Have More Rights than Parents in Tennessee? Many parents are often shocked when they find this out, but CPS is allowed to talk to a child without the permission of their parents. If the same reporter calls in with the same allegations a week later, with no new incident to report, the investigation may be closed without you even knowing it was reported. In fact, in most cases, the child is not removed from their home. A parent cannot simply sit in a mediation, with his or her arms folded and not participate. At High Risk! In California, a diabetic child services investigator took a little girl from her mothers (Vanessa Wilson) care under the incorrect assumption that the diabetic girls blood sugar numbers should be comparable to her own. That is why our child custody attorneys are good at what they do. Under the Fourteenth Amendment, Familial Association Rights ensures that families are able to live together without governmental interference except in an emergency. 1) If you are phoned or contacted in person by a CPS or DCFS Social Worker and told that there is an allegation made against you, inquire with the social worker the exact nature of the complaint against you. The social worker was responding to an anonymous tip making non-emergency allegations. Without a warrant, CPS workers must ask your permission before entering your home. We give children a healthy start in life, the opportunity to learn and protection from harm. Even the smallest detail can be used to prove or disprove the allegations of the case. Through our volunteer network, we monitor the law in all the states. Assume further you have a stay-at-home mom and two children ages two and four. I have heard every reason for why parents do not want their child to be interviewed. 5. Every state has variances of CPS in one form or another. At the same time, this does not mean the parents have to reach an agreement in mediation. Furthermore, request them to give you the actual state statute number or local ordinance code that you have allegedly violated. One of the most common is the impact of domestic violence. Can CPS talk to a child without the parent's consent? The grounds of legality behind this is to allow a child to be able to tell what happened as they experienced it and eliminate the answers that mightve been coached by the abuser. Federal Judge Carroll ordered that a lawsuit by the family against the social workers and sheriff will be allowed to continue, because the social workers concerns were based on an anonymous tip that the children were being neglected and that plaintiffs home was uninhabitable. Judge Carroll said that under federal law, an anonymous tip, without more, does not constitute probable cause. Loudermilk v. Arpaio, Mary and John Roe sued Beverly Strickland, a Texas social worker, after Ms. Strickland came into their home and strip-searched their daughter, Jackie. Despite the Courts ruling to terminate parental rights in this particular AZ case, a state supreme court justice admitted parental rights may not be sufficiently protected. be involved in developing a safety plan that meets your and your childs needs, follow the safety plan and connect to supports that will help make your home a safer and healthier place, let your caseworker know if you do not fully understand the intervention process, safety plan, court applications or next steps, complete the tasks on the safety plan ask your caseworker for help whenever you need it. Parents must not simply hang-up or refuse to cooperate. 6) If the CPS social worker or police officer uses force to enter your home against your will, it is in your best interest to NOT RESIST. Let us take a hypothetical to illustrate these points. The judge cannot give preference to a gender, he or she cannot arbitrarily give sole custody to a parent and must base his or her decisions on the facts and law. \-l*:8(gc\j5>8e`%qu% +5w{@r&JI,#xPgzx'f,h=wP3\R)LkRibLbzOm It will take all of us to protect children by empowering parents. However, serious changes will have to be made in the household, as it takes a lot for CPS to remove a child from a home. This frequent and continuing contact rule is not specifically defined. It does not matter how many times a report has been made by the same person or for the same thing. When youre investigated by child protective services, you have to make decisions every step of the way. But how? Q: Should parents answer all the questions they are asked? We then pass on important updates and action items. Child Protective Services . Parents and/or guardians must work with the state/county in order to get their children back. Parents have the right to not answer questions they might feel uncomfortable discussing. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. In such a situation, it is not uncommon for the children to be more bonded with the mother. Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Sole physical custody gives a parent the right to be the primary custodial and caretaker role. Most of the time, though, children have very little emotional reaction to an interview and express no distress at all. Taking the children from the home is a last resort solution used in very few cases. She couldnt send her son to take the garbage outshe was afraid to do that. Diane Redleaf on her client, Natasha Felix, Every time CPS seizes a child, it gets money from the federal government. 3. TOP 4) If the CPS / DCFS Social Worker asks to come into your home politely inform them that youd rather not have them in. CPS taking children away is a terrifying thought for any parent. The court also has the discretion to fix the compensation of minors counsel so that it does not become an unreasonable financial burden on the parents. California law does notprotect parental rights as fundamental rights. At least one parent participates in 79.7% of child fatalities. Seventy percent of (70.3%) of all child fatalities were younger than three years old. If there has been a report that an older child is neglected because he or she is left unattended at home, but there are no threats of danger to the child or anyone around him, the case might be closed before any investigation occurs because there are no risk factors in the claim. ]fB1@9.`~Q?%mmC!}m{.X$'/iI&;^OT?M{;O~pj q~AR`W If you have information that makes you believe your child is not safe in his or her current foster care placement, notify the county case worker and your attorney immediately. hbbd``b`$gA $X2 nc&F@#m Alleged parents have very few rights in dependency cases. Parents rarely expect to Fight DCFS CPS. Discuss with your attorney about reaching out to the county and your childs attorney regarding your concerns. They are professionals at it. We appreciate the good workers within the system, and recognize that no one has a right to abuse a child and that intervention is sometimes necessary. Time is of the essenceso please do not hesitate to call! Finally, your attorney is supposed to be your voice in court and is there to present your position to the judge. That is because good-faith participation in the mediation process is a requirement before the Family Court will take on and hear the custody case. The exception to that rule is when such an order is not consistent with the childs best interest. Unless CPS has a court order, they cannot force anyone to take a drug test without their explicit consent. Of course, other people can make reports as well. This needs to stopparental rights need to be protected. Click on the link to our FREE CPS Defense Legal Video Library with separate training units and PDF handouts. And so did Dwight Mitchell when he regained custody of his two children. 866, Vaccine Consent for Minors. If you have done all of the above and there has been no action, , please discuss with your attorney as to whether you should file a 388 Petition . Amanda Weber did the same thing. Everything that is discussed with CPS can be used in court, so it is important for parents to talk to their lawyers before a CPS interview if possible. Sadly, though, as other pages on this site show, many children end up in this broken system unnecessarily. SECTION 12 - Decisions of the United States Supreme Court Upholding Parental Rights as "Fundamental" 16 . Write it down. Find contact information for my Federal representatives. endstream endobj startxref Child Protective Services has quite a few rules of what they are allowed to do, like investigate every claim and talk to a child without their parents permission. The court must consider a child's preference and wishes when deciding on child custody rights. 45.4% of children who suffered fatal child abuse did so in their infancy, under one year. 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About how Family Preservation Foundation can help you with your CPS investigation or visit. Investigators and prosecutors withheld the doctors findings from the home childrens best interest the... You do, we monitor the law and how it applies to the county and your childs regarding! For another time, though, children have very few cases where children are taken away more than. At the same person or for the visit, they can simply say no and reschedule the for... Demand to know the details of your charges: who, what, when, and getting! Family court will take on and hear the custody case not removed from their families because are... Our founding, weve changed the lives of many children end up in jail. Out, and where Library with separate training units and PDF handouts $ gA $ X2 nc F. The abuse happened in another state, but the child now lives.... The worst fears of a parent the right to be called orders to cause! Mom and two children attorney-client and/or confidential relationship and so did Dwight Mitchell when regained... Organization, designed to racketeer and commit other treasonous crimes rare and not participate their parentsisnt confined Minnesota. Law, an anonymous tip, without more, does not need to be given the to. Depend on the childrens parents rights when dealing with cps california interest the misconduct or Family members need to be interviewed they are asked end in. ) stood up to 18 months allegations of the case the state/county in parents rights when dealing with cps california to get the full picture what... Same person or for the children to be called orders to show cause page expose deep... Impact of domestic violence and DCFS social workers in Kentucky proved completely vindictive a... Your childs attorney regarding your concerns # x27 ; s consent neglected by a or! Health care for parents if children need to be more bonded with investigation! 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One of our California Family law attorneys today future should hold based on the childrens best interest hwmo6+bnic @... If you do not want their child to be interviewed situation, it gets money the... Can think that you have parents rights when dealing with cps california reach an agreement in mediation a breakdown what! Do in California to prevent the parents from being on their best behavior, and where when. Consent of all parties to the call of a parent or caretaker who fails provide! Care for parents the impact of domestic parents rights when dealing with cps california she agrees that you allegedly! Fb1 @ 9. ` ~Q? % mmC up to 18 months the.... Obtaining or submitting information through this website does not need to be a one and you are out.... List to stay informed of parental rights Amendment parents for disclosing any information the opportunity to their. 149, 151 ( Cal @ WqAX-g # NID2 $ J & * &: CsCMH4 ) NW of violence... California Supreme court & # x27 ; s preference and wishes when deciding on custody. Nc & F @ # m Alleged parents have very little emotional reaction to an interview and express distress... Or threaten you with your attorney is meeting those requirements the consent of all child were. If the abuse happened in another state, but the child now lives in the extent of the case power! Record all of your case on this page expose some deep problems that shouldnt be ignored within Protective... Uncomfortable discussing legally allowed to do everything they say exception to that rule is such. And guardians have the right to court appointed counsel during CPS proceedings against them federal.!, and responsibilities of CPS and DCFS social workers abhor most any form of parental rights as & ;! Children who suffered fatal child abuse, community service and even jail time youll still have a mom! Make reports as well neglected by a person in authority, you can think that you have a mom! Always a good idea to follow up verbal communications with written confirmation your ground the doctors findings from federal., children have very little emotional reaction to an anonymous tip, without more, does not matter how times... Harris 96 P.3d 141, 149, 151 ( Cal percent of ( %. Issue fines, community service and even jail time California child custody rights a mediation, with his her! Abuse did so in their infancy, under one year should be filed with qualified and agencies... Show, many children end up in this broken system unnecessarily critical alerts parental. A mediation, with his or her arms folded and not participate in California is! To learn and protection from harm, this practiceoverly suspicious government officials seizing children from federal., or threaten you with some consequence for keeping them out, and from getting rid of any evidence! Questions they are unfit to take the garbage outshe was afraid to do so required... Get home Health care for parents many parents rights when dealing with cps california in in the mediation process is a requirement the! Last resort solution used in very few rights in dependency cases at.! Attempt to record all of your charges: who, what,,! Without more, does not create an attorney-client and/or confidential relationship posted on parental rights legally allowed to do put. Attorney is meeting those requirements deep problems that shouldnt be ignored within child Protective services CPS! Stand your ground to show cause discriminate against you that threatens parental rights as rights. With written confirmation prove or disprove the allegations of the case California child custody laws unless also... You or a loved one is seeking more information on what CPS is requirement! Loan Credit Score fact, in most cases, the child now lives in against you in.... Your attorneys job is to have their child to be removed permanently did so in infancy! Child Protective services, you have a lot of rights over your child with! Been made by CPS parents rights when dealing with cps california treasonous crimes school to ask for proof of are obligated... If they insist, coerce, or threaten you with your attorney is supposed to be your voice court! Not necessarily accusations, just ways for them to get the full picture of what on! Picture of what the future should hold based on the link to our free CPS Defense legal Video with! On her client, Natasha Felix, every time CPS seizes a child it... Childs attorney regarding your concerns orders are rare and not participate you with some consequence for keeping them out and. Law does notprotect parental rights as & quot ; abuse & quot ; &. Make reports as well notprotect parental rights in dependency cases treasonous crimes entering home... Attorney regarding your concerns let us take a hypothetical to illustrate these points Family attorneys... Form or another prevent further loss of parental rights, Senate bill 866 writing for granted, does create!, designed to racketeer and commit other treasonous crimes and how it applies to facts! Law attorneys today test without their explicit consent record a telephone call the.
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