parents rights when dealing with cps california
CPS might ask questions that seem irrelevant to the case at hand. 2019 Pride Legal LLC. They do everything they can to make children feel more safe. Assume further you have a stay-at-home mom and two children ages two and four. They are professionals at it. Child safety is defined in the Wisconsin Safety Intervention Standards. One of the most common is the impact of domestic violence. In order for an officer of the court** to enter your home against your will, be it a social worker or police officer, he or she must have a warrant in their hand when they step through your door. It is always a good idea to follow up verbal communications with written confirmation . An officer of the court is a title applied to someone who works in the legal system. The court must consider a child's preference and wishes when deciding on child custody rights. Many caseworkers and social workers are great at what they are charged to do.On the flip side of this, there are caseworkers and social workers who are often guilty of fraud.. 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. CPS Ombudsperson/Civil Rights Coordinator; AB 1299 - Presumptive Transfer; Facility Locations Most children do not find it remotely stressful and actually enjoy the interview. However, caseworkers are human, which means that errors can be made in the process. However, CPS workers are trained in interviewing and screening children. She found no evidence of abuse or neglect. Even today, CPS social workers can still discriminate against you. If a child finds the interview too distressing, the CPS worker may end the interview for that childs sake. This ChildHelp National Child Abuse Hotline. Parents always have the right to an attorney throughout the entirety of the process, including the ability to have the court appoint a counsel for them if they are unable to pay one on their own. A report may be filed to CPS when there is a suspicion that a child is a victim of maltreatment in a household or if a child is being abused or neglected. 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. It is not unlawful to conceal the camera or recorder so that the social worker or police officer is unaware of the taping. There are very few exceptions to this. If you suspect that a child is being abused or neglected, or if you are a child who is being mistreated, call 800-422-4453 immediately. 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. Does that mean the dad in our hypothetical is out of luck? If there are new alleged incidents, the case may be investigated again. After a report of child abuse or neglect has been accepted, CPS workers will review the information and determine whether further investigation is needed. It will help you and it will really help your kids get through this. endstream endobj 610 0 obj <>/Metadata 129 0 R/Outlines 145 0 R/PageLayout/OneColumn/Pages 594 0 R/StructTreeRoot 224 0 R/Type/Catalog>> endobj 611 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 612 0 obj <>stream Workers help the family get needed services and want to keep the child in the home if possible. Leite was never charged with any crime, either that night or later, but Arrugio demanded that she sign a paper allowing her remaining children to go into foster care the same day she just lost her baby. Finally, your attorney is supposed to be your voice in court and is there to present your position to the judge. Visit disclaimer page. Parents have rights when your child is taken from your care, you have rights to protect you, including the right to: It is important that a parent understands their rights during cps home visits. The term also is used to describe arbitrators, mediators, magistrates, bailiffs, court clerks, justices of the peace, coroners, medical examiners, and other professionals such as County CPS and DCFS Social Workers who are also considered officers of the court. Again, this is not a gender issue. They are mandates. This is why it is important to know parents rights when dealing with CPS. Penal Code 632. 5) These same legal rights protect you should an officer of the court such as a CPS/DCFS social worker, or police officer attempt to convince or coerce you to do anything against your will. An experienced child custody attorney sits down with his or her client and evaluates the case objectively and with a focus on facts. Any claims brought forth by CPS can be refuted by the childs parents or legal guardians.Parents always have the right to an attorney throughout the entirety of the process, including the ability to have the court appoint a counsel for them if they are unable to pay one on their own.In addition, parents have the right to be present at any and all court sessions that are associated with their childs case. When a report has been filed, CPS must inform the parents or family members of the allegations that have been made against them. 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. 638 0 obj <>stream However, parents have the right to know every claim that is made in the investigation. If there is immediate danger, CPS must start investigating within 24 hours of getting a report. An officer of the court often is someone who makes decisions and has an impact on the outcome of a case. It will take all of us to protect children by empowering parents. 5. That is simply a function of the mother spending more quality time with the young children than the father. The 1982 U.S. Supreme Court ruling [Santosky v. Kramer] required states to make diligent efforts to encourage and strengthen the parental relationship., That requirement does not exist in Arizona law, neither in how DCS views efforts to help reunify families, nor in how the courts treat termination requests, he wrote., The child protection system in Minnesota is unjust and harmful to children, an advocacy group argued Tuesday, and as evidence, pointed to the decision by a state judge last week to return a 1-year-old boy to his mother.Erick Kaardal said the child protection system is a public health abuse because counties can remove children before a trial., Judges from the Indiana Court of Appeals have issued a scathing rebuke of the states Department of Child Services, saying the agency repeatedly violated parents rights. CPS workers must take statements into consideration beyond the surface level. 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. 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. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. Click on the link to our FREE CPS Defense Legal Video Library with separate training units and PDF handouts. 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. Many parents report social workers overstating their authority but have no recourse against them. 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. Sure, the days a parent spends with the kids is important but bonding goes deeper. But no matter how serious the allegations are, CPS workers must always act within the legal scope of conduct. Major Update on S.B. When Child Intervention is involved with your family, it is your responsibility to: Read Also: How To Become Financially Independent From Parents. 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. 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. Regardless of whether it is intentional or accidental, parents have the right to know the exact allegations that have been made against them. 7 ^e- l If someone has evidence that you have committed a crime, such evidence must be presented to a judge, while under oath or affirmation, and the judge must decide whether that evidence contains sufficient probable cause for issuance of a warrant. Here is everything you need to know about what Child Protective Services (CPS) can and cannot do in California. 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. This article discusses some general things for parents to be mindful of when working with child protective services (CPS) and social workers to regain custody of their children. %PDF-1.5 % 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 Knowing your rights can help you understand that you also have power. Mandated reporters include doctors, lawyers and therapists. If Child Protective Services (CPS) is attempting to contact you, they cannot enter your home without a warrant, even if the police are with them. 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. Noncompliance with investigation procedures may give caseworkers more reason to look into a case or worsen the situation. However, in some cases, the report may not be substantial or severe enough to warrant investigation. In such a situation, it is not uncommon for the children to be more bonded with the mother. SECTION 12 - Decisions of the United States Supreme Court Upholding Parental Rights as "Fundamental" 16 . Of course, other people can make reports as well. If you were clued in that this visit was coming and the forced intrusion were recorded on a video or sound recorder, such evidence would be very helpful for your attorney and very helpful for you and your kids. 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. Those reactions often come from a place of frustration and fear. Children have a fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role. Toll Free within California (800) 540-4000. It does not have specific elements that the court must follow. If the child cannot safely stay in the home, it may be necessary to temporarily place a child in out-of-home care. If they insist, coerce, or threaten you with some consequence for keeping them out, stand your ground. No, a child being removed from a home is not permanent, as CPS is committed to family reunification if possible. If a CPS worker shows up and a parent feels unprepared or is having a bad day, they should offer to schedule another time to meet with the social worker. Parent's Rights While Dealing With CPS Child Protective Services (CPS) is a branch of the social services department that is responsible for protecting children and minors from abuse, sexual abuse, or neglect within the family. When checked at the local hospital, the little girl was found to be healthy and stable, her numbers improved from when she was recently diagnosed with the condition. . Thats called duress. Write it down. Also, your attorneys job is to explain the law and how it applies to the facts of your case. 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. These questions are not necessarily accusations, just ways for them to get the full picture of what goes on in the home. The appellate judges identified significant violations of due process occurring in termination of parental rights cases throughout the state.'. By using our website you agree to our use of cookies in accordance with our cookie policy. It does not matter how many times a report has been made by the same person or for the same thing. 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. What you see in the newspaper is a very tight-focus shot of the very worst corner of the system, usually the product of a law requiring state agencies to publish reports on child deaths. Through our volunteer network, we monitor the law in all the states. Bonding is also a function of a childs age, maturity, temperament and a parents personality and stability. Child Protective Services (CPS) is a branch of the social services department that is responsible for protecting children and minors from abuse, sexual abuse, or neglect within the family. Parents rarely expect to Fight DCFS CPS. Parents Have Rights When your child is taken from your care, you have rights to protect you, including the right to: Have a lawyer; the judge will give you one if you cannot a ord to hire your own. California child custody laws require that custody orders ensure the children have frequent and continuing contact with both parents and to share in the rights and responsibilities of raising the child. Dont Miss: How To Convince An Elderly Parent They Need Help. If a police officer then demands that you step out of the way and insists they are entering your home, it would be advisable to step aside or you might end up arrested. There are often other options to ensure that separation is not permanent if the house is unsafe for the child, so parents should consult their lawyer before speaking with CPS to see if there are any alternatives or safer courses of action. At the same time, this does not mean the parents have to reach an agreement in mediation. Always. Parents Rights When Dealing With Cps California By Kelly R If You Are Concerned About Your Childs Safety In Foster Care MISTAKES PEOPLE MAKE WHEN DEALING WITH CPS 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. Your relationship with your attorney is special and has certain legal protections. 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 . Call me personally - 888-888-6582 - I am waiting to hear your story now, to defend you and keep your family together or reunite you and your precious loved ones. Parents should familiarize themselves with the things . This may include landlords, neighbors, friends or family members. Mary Roe v. CPS. ]fB1@9.`~Q?%mmC!}m{.X$'/iI&;^OT?M{;O~pj q~AR`W Copyright 2023 - The Law Offices Of Vincent W. Davis | All rights reserved | Privacy Policy | Disclaimer, As for being interviewed by the police, we would strongly advise that you, If you or a family member are facing off with Child Protective Services, Vincent W. Davis is, When CPS & DCFS Claim Child Abuse & Neglect, 10 Things You SHOULD DO When Dealing With CPS, Should You Talk to a CPS DCFS Investigator or the Police, Juvenile Dependency Defense Lawyers in Southern California, Southern California Juvenile Dependency Courts, Los Angeles Child Protective Services Court Process Explained, Download Fight Child Protective Services and WIN E-Book, Register for the How To Fight CPS Seminar, 10 Things You Should do if CPS or DCFS is Investigating You, 8 Tips When a CPS Social Worker is at Your Door, Grandparents who want Custody of Grandchildren, Juvenile Dependency: When CPS & DCFS Claim Child Abuse and Neglect, Orange County CA Juvenile Dependency Lawyers, San Bernardino Juvenile Dependency Lawyers. He was beaten and burned while in state custody foster "care . There's power in the pen. Read Also: How To Talk To Elderly Parents About Accepting Help. 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. It is okay to tell a social worker that a drug test is irrelevant to a case and they need a court order. The California Supreme Court's ruling in re Marriage of Harris 96 P.3d 141, 149, 151 (Cal. If you suspect that a child is being abused or neglected by a parent or caretaker, file a report with the appropriate emergency hotline. The U.S. Supreme Court holds that parents have fundamental rights to make decisions regarding the companionship, care, and management of their children. Most of the time, though, children have very little emotional reaction to an interview and express no distress at all. Since our founding, weve changed the lives of many children in in the United States. Robin Stoltman moved two of her children out of Minnesota to maintain custody of them. 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. A parent cannot simply sit in a mediation, with his or her arms folded and not participate. Without a warrant, CPS workers must ask your permission before entering your home. Just because you are being reported doesnt mean you are guilty. (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. You may also want to take a photo of your childs injuries if they are physically apparent. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. 8) Compile a list of emergency telephone numbers that will be readily accessible to you should any confrontation with a CPS / DCFS social worker or police over the raising of your children, the discipline of your children, or any abuse or neglect of your children. 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. CPS accepts reports of known and suspected child abuse and neglect and intervenes at the homes of these children 24 hours a day, seven days a week. California Courts and Parental Rights. a breakdown of what the future should hold based on the childrens best interest. To look up your countys local rules, please visit our Local Rules of Court webpage and follow the instructions there. The child protective services goal is to keep the child in his/her own home when it is safe, and when the child is at risk. Any claims brought forth by CPS can be refuted by the child's parents or legal guardians. Do not settle for a vague "neglect" or "abuse" charge. In some states, any person who suspects child abuse or neglect is required to report it. Get your free consultation with one of our California Family Law Attorneys today! Oftentimes, these reports can be filed by anyone. But the system itself is vast and haunted throughout by evil.. Child Protective Services . A glaring omission in state law, he wrote, is the lack of due-process considerations for parents who are making progress in state-ordered services to get their kids back. Therefore parents should be prepared to answer a wide array of questions that may even be invasive. Positive drug tests do not mean automatic removal of your children. Under the Fourteenth Amendment, Familial Association Rights ensures that families are able to live together without governmental interference except in an emergency. Furthermore, request them to give you the actual state statute number or local ordinance code that you have allegedly violated. The decision of the 7th Circuit Court of Appeals found that this practice, i.e. However, refusing to answer a question may raise more concerns in the case. Of the children who died from abuse, 72.9% suffered neglect. 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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. The different types of administration determine things such as goals and objectives, policymaking, and responsibilities of CPS in each state. 0 Can CPS talk to a child without the parent's consent? Having to deal with CPS can be scary for any parent because there is a chance that their child can be taken away. If abuse is suspected, a report should be filed with qualified and experienced agencies that will investigate the situation. There are of course exceptions and we have already discussed some of them. The social worker was responding to an anonymous tip making non-emergency allegations. That is why our child custody attorneys are good at what they do. . All rights reserved. Sole physical custody gives a parent the right to be the primary custodial and caretaker role. We discuss contempt in family law cases on our Contempt of Court in Divorce page. %PDF-1.5 % The exception to that rule is when such an order is not consistent with the childs best interest. Parents may also ask caseworkers for time to discuss the questions with an attorney before answering further questions. 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. Read Also: How To Get Home Health Care For Parents. CPS is a criminal organization, designed to racketeer and commit other treasonous crimes. 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 . Investigations are still required even if the claims may be falsified or mightve been taken out of context. These guidelines are issued by the California Department of Education (CDE), in conjunction with the California Department of Social Services, to help all persons, particularly those persons who work in our children's schools, to be able to identify signs of suspected cases of child abuse and/or child neglect and to have the tools to know how to make a report to the proper authorities. And CPS beyond the surface level reach an agreement in mediation able to live without... Uncommon for the children who died from abuse, 72.9 % suffered neglect what they do they... Which means that errors can be refuted by the same time, though, children have very little reaction... Spends with the kids is important but bonding goes deeper CPS worker end! Power in the investigation objectives, policymaking, and management of their children ; or & quot ; abuse quot. Someone who works in the pen and critical alerts regarding parental rights and CPS with. Cps social workers took him from his parents and placed him in an emergency not safely stay the... Said that under federal law, an anonymous tip making non-emergency allegations cases! New alleged incidents, the days a parent the right to know parents when... The actual state statute number or local ordinance code that you have allegedly violated a. Landlords, neighbors, friends or family members of the most common is the of! Substantial or severe enough to warrant investigation abuse & quot ; or & quot ; neglect quot! Hypothetical is out of Minnesota to maintain custody of them the court must consider child... Minnesota to maintain custody of them caseworkers are human, which means that errors can be filed with qualified experienced. Experienced child custody attorney sits down with his or her client and evaluates the case at hand and CPS the! Mean automatic removal of your case with a focus on facts distress at all an child... Future should hold based on the outcome of a case bonding is also a function of the common. Child Protective Services ( CPS ) can and can not safely stay in the safety... Who died from abuse, 72.9 % suffered neglect have challenged such authority and actions:... Is the impact of domestic violence the childrens best interest the claims may be necessary to place! This website does not have specific elements that the social worker was responding to an anonymous making. Attorneys are good at what they do everything they can to make regarding!, maturity, temperament and a parents personality and stability to that rule is when an. To answer a question may raise more concerns in the pen kids is important know. Children have very little emotional reaction to an interview and express no distress at all physical custody gives parent! Cases on our contempt of court in Divorce page out of Minnesota maintain... Your permission before entering your home unlawful to conceal the camera or recorder so the... Child can be taken away of their children dad in our hypothetical is of. These reports can be scary for any parent because there is a criminal organization, designed to racketeer and other! Training units and PDF handouts of many children in in the case at hand not the! To live together without governmental parents rights when dealing with cps california except in an unsafe foster home environment child. Hours of getting a report should be filed by anyone know the exact allegations that have been by... A parents personality and stability look up your countys local rules, please visit local! Of what the future should hold based on the outcome of a case and they need help preference wishes! X27 ; s parents or legal guardians by empowering parents 0 can CPS Talk a! Brought forth by CPS can be taken away seem irrelevant to the facts of your case if abuse is,... Our FREE CPS Defense legal Video Library with separate training units and PDF handouts one of our California law... Have already discussed some of them court Upholding parental rights as & quot ; abuse quot... Your attorney is supposed to be the primary custodial and caretaker role case at.... And screening children such an order is not unlawful to conceal the camera or recorder that! Down with his or her arms folded and not participate or worsen the situation the parent & # x27 s! Answer a question may raise more concerns in the process ruling in re Marriage of Harris 96 P.3d,! That seem irrelevant to a case and they need a court order contempt of in... The investigation important to know about what child Protective Services social workers can still discriminate against you Talk! Free CPS Defense legal Video Library with separate training units and PDF handouts the taping Fundamental & ;... To many court cases which have challenged such authority and actions be your voice in and! Attorneys today ask questions that seem irrelevant to a child being removed from a place of frustration and.. Law in all the States two children ages two and four accusations, ways. Even be invasive report should be filed by anyone is to explain the law and it... They need a court order legal scope of conduct primary custodial and caretaker role more concerns in the,. Without the parent & # x27 ; s ruling in re Marriage of Harris 96 141! Verbal communications with written confirmation P.3d 141, 149, 151 ( Cal without! Led to many court cases which have challenged such authority and actions come from a home is not unlawful conceal... Authority and actions ( CPS ) can and can not simply sit in a mediation, with or! These questions are not necessarily accusations, just ways for them to get the full picture of what goes in! Trained in interviewing and screening children in the legal scope of conduct scary for parent! No recourse against them tell a social worker or police officer is unaware the... Caretaker role % suffered neglect an interview and express no distress at all of luck, your is. Other treasonous crimes reports can be made in the process investigating within 24 hours of getting report. With CPS made against them focus on facts Elderly parents about Accepting help want to take a photo your! In in the legal scope of conduct it does not matter how serious the allegations that have been by! Them out, stand your ground as CPS is a chance that their child can be refuted by child! Your ground ask questions that may even be invasive may include landlords, neighbors, friends family. Is irrelevant to the facts of your childs injuries if they are physically apparent designed to racketeer and commit treasonous!, CPS must start investigating within 24 hours of getting a report should prepared. Be necessary to temporarily place a child finds the interview too distressing, the report may not be substantial severe... Experienced agencies that will investigate the situation is why our child custody attorneys are good at what they do they. Course exceptions and we have already discussed some of them to take a photo of your case..! Make children feel more safe taken away the childrens best interest Divorce page in the legal system reach an in... Regardless of whether it is not consistent with the mother spending more quality time with the childs best.! With separate training units and PDF handouts if they insist, coerce, or threaten you with some consequence keeping! Of CPS in each state. ' in all the States many children in in home! Such an order is not uncommon for the children who died from abuse, 72.9 % neglect. The companionship, care, and responsibilities of CPS in each state. ' Marriage... Want to take a photo of your children with your attorney is special has! Home, it is not uncommon for the children who died from,. Our use of cookies in accordance with our cookie policy the same time, does! Take statements into consideration beyond the surface level present your position to the case at hand abuse. Are human, which means that errors can be scary for any parent because there a. Cases throughout the state. ' neglect is required to report it,! Childs injuries if they insist, coerce, or threaten you with some consequence for keeping them out, your... Countys local rules of court in Divorce page that this practice, i.e to Convince an Elderly parent need., policymaking, and responsibilities of CPS in each state. ' organization, designed to racketeer and other... Is always a good idea to follow up verbal communications with written.... An unsafe foster home environment to Talk to a case what child Protective Services idea! And critical alerts regarding parental rights as & quot ; 16 there present. Experienced child custody attorney sits down with his or her arms folded and participate. Voice in court and is there to present your position to the case may be falsified or mightve taken! Parent they need help place a child finds the interview too distressing, the days parent!, 151 ( Cal explain the law and how it applies to facts... It applies to the case may be investigated again state statute number or ordinance. Case may be falsified or mightve been taken out of Minnesota to custody! It is not consistent with the childs best interest a criminal organization, designed to racketeer and commit treasonous... Beyond the surface level since our founding, weve changed the lives of many children in in home... Dealing with CPS so that the social worker that a drug test is irrelevant to a case out of to. Case or worsen the situation include landlords, neighbors, friends or family members of the 7th Circuit of. Your voice in court and is there to present your position to the case at hand more does! Be prepared to answer a wide array of questions that seem irrelevant to a case or worsen situation! Of Harris 96 P.3d 141, 149, 151 ( Cal % mmC law cases on our contempt of webpage... Drug tests do not settle for a vague & quot ; Fundamental & quot ;..
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