Services can be as simple as parenting classes or can involve intensive counseling programs. It depends on several factors. This means wounds, broken bones, burns, starvation, etc. But that doesnt mean that DSS has to leave you alone or that the case is dismissed. Box 1520, Columbia, SC 29202-1520). Social service's job is to ensure the child is safe. 3) The American Bar Association maintains a database of resources called Legal Help for the Poor These pages will be completed in alphabetical order. The officer on the scene must make an independent decision that removal is indicated and take the child into emergency protective custody. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court may order that your name be entered in the Central Registry if you would present a significant risk of abusing or neglecting a child if you were in a position or setting outside of your home that involves care of or substantial contact with children, such as a daycare worker, a coach or a scoutmaster. The new figures also show for the . While there are exceptions, these exceptions are not significant to this discussion and will be discussed more fully in a separate post. Do NOT get an attorney that will climb in bed with the department. The second or third dss is an infection, but the first is an actual disease. If the child needs emergency medical care, the officer will take the child to a health care facility. Remember, your best defense and chance to protect yourself is a well informed, well defined offenseSo do yourself a favor and educate yourself before its too late. Emissions of the climate-warming gas that were caused by energy production grew 0.9% to reach 36.8 gigatons in 2022, the International Energy Agency reported Thursday. If your child is removed, you will be served with papers. If necessary, the family court may grant an additional 15 days to complete the investigation if there is a good cause to do so. Attorneys, Professors, and Judges Speak Out! To keep custody of the children they take DCFS must prove that they have made reasonable efforts to protect the children in the foster care situation. There may be more or less. How do you fight DSS in SC? Well, maybe. They are told in their training that if they even suspect that some sort of abuse has occurred, then it is their job to report it. If you must attend therapy, search out a therapist that is NOT part of the system and one who hates DCFS/CPS/DSS. If you meet the federal poverty guidelines, you may apply for a court appointed attorney. Copyright 2022, Babb Law Firm, 1326 Folly Road, Charleston, SC 29412, Department of Social Services (DSS) Basics, DSS Child Protective Services Removal of Child, https://dss.sc.gov/content/about/divisions.aspx, DSS mistake places SC boy in felons custody: report. In a relatively minor infraction, such as excessive corporal punishment, it may elect to offer in-home services without court involvement by way of a safety plan. When is DSS Removal of a Child Appropriate? DSS cant take custody until they have a court order or until after law enforcement has already taken emergency protective custody. If your boyfriend or girlfriend is a convicted sex offender, consider whether the relationship is as or more important than your kids. These witnesses usually consist of investigators, DSS caseworkers, law enforcement, or others. At the hearing, DSS generally calls witnesses and presents photographs or other evidence. Your email address will not be published. If they are foster children being moved from one home to another this is just one more disruption in the childs life and one more reason for the children to add insecurity to their baggage. Once the children are removed from the foster caretakers it is rare that they ever are returned. This site is protected by reCAPTCHA and the Google. But it sounds like I will lose custody, then. Dss is the name of the infection that causes the second dss, and they arent quite the same as the first dss. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. The VIP Program also provides employment and training services for the non-custodial parent so that he/she can adequately provide financial support for the child and the VIP Program will provide instruction to both parents on how to request help from the Family Court to enforce the visitation order. You can also call us at (843) 406-7737 or visit www.babblawfirm.com. A knowledgeable attorney can help make sure that the requirements for reunification are reasonably designed to promote reunification and assist you in meeting complying with the requirements in a timely manner. In our case, there was no reasonable way that the social workers could have had any valid records as to what went on at our home because they RARELY, if ever, came to our home to visit and inspect as they should have. If they think you dont know about something then they will conveniently just not mention it to you. Do you have a complaint regarding services being provided to a child by a state agency? The South Carolina Department of Social Services wants to alert the public about a phishing campaign involving texts claiming EBT benefit cards are locked. At the first Fair Hearing you are almost always found to be guilty. It is then that you can appeal to a higher court and it is on record that you disagree. To report suspected child abuse and neglect in a child care facility, please call the statewide, 24/7 abuse/neglect hotline number for reporting at 1-888-CARE-4-US (1-888-227-3487). Fight CPS worker and sue by deadline,child protection services pro-se. If the last day falls on a weekend or holiday, the hearing will occur on the next working day. And the State licensing workers NEVER came to inspect for license renewal either. Once allegations are filed a favorite ploy of DCFS is to require you to attend therapy sessions WITH A THERAPIST OF THEIR CHOICE. If the child doesnt need medical care, then the child will be turned over to DSS, and foster care options will be considered. In many cases where county social workers investigate allegations of child abuse and child neglect they don't have enough evidence against parents to file a juvenile dependency case and the social workers don't have enough evidence to remove the children from the parents' custody. As can be seen in the South Carolina statute, a father must establish paternity before seeking custody of a child. It keeps you busy hoping that your children will be returned because you know you have done nothing wrong and have nothing to fear but this never happens without a major fight. Most foster caretakers do not have the finances to hire a top of the line attorney so they settle for the next best thing or try to go it on their own. Online on the Appeals website at www.scdhhs.gov/appeals. We were nearing the final adoption stage when our daughter and CPS workers brought false allegations (or at least that is what the State and the social workers contend) and the California CPS and Nevada DCFS stepped in and claimed her for their very own. Dss can be found in almost any system including mobile apps. South Carolina Code section 63-7-1650 and 1660. You can fight DSS. Richland County deputies said they were . If you need legal assistance, please consult an attorney. Every case is different. In their efforts to build a case against you DCFS/CPS/DSS will often try to get you to sign waivers and documents and reconstructive case plans for changing the way you do things. Click on New Document and choose the file importing option: add DSS Form 3087 (SEP 12)_Layout 1 - dss sc from your device, the cloud, or a secure URL. If you are facing investigation or action by the Department of Social Services (DSS) in South Carolina, you need the assistance of an attorney. Make certain that you get every bit of evidence you want heard submitted at this hearing because if you dont you will NOT be able to get it entered later. If you are allowed to visit you cannot show them any affection. I started this petition due to an episode that involved my family, had we known about these "dirty tricks" we would have gotten a Lawyer immediately. Paraphrasing is par for the course. DSS should be required to disclose to the attorney of a family from whom they are seeking to remove children their intent to obtain an Ex Parte order so that the family's attorney can submit evidence in opposition to the DSS request. If you secure two attorneys make certain that they agree to work together and not try to undermine the work of the other. that are trained by CPS instructors on what to look for and how to go about reporting suspected abuse. In order for a child to receive the fullest upbringing possible, the child must have the financial and emotional support of both parents. DSS has 45 days to finish its investigation after DSS receives a report of abuse or neglect. Our firm legally investigates all United States Departments of Social Services (DSS), namely we investigate Child Protective Services fraud, we investigate child protective services corruption, (we investigate CPS fraud and we investigate CPS corruption), we investigate and provide help for DSS Corruption (help for Department of Social Services Children whose parents rights have been terminated and have settled into a structured, secure life in a foster home are offered for adoption and quite often it is the foster caretakers who apply to adopt them. Inadvertently we did this and it was a disaster. The identity of the person making a report of suspected child abuse or neglect is confidential. Remember, these tricks can be used both ways if you are knowledgeable. Contact legal counsel. All parents have a moral and legal obligation to support their children. What Can I Do if My Spouse Abuses Me in South Carolina? Some DCFS/CPS/DSS agents DO want to help you and the families they serve, and some don't. There are some steps that you can take to keep yourself safe. DSS will also check the relative to see if he or she has ever been placed on the Central Registry of Child Abuse and Neglect, sex offender registries, or had other issues that would pose a risk to the child. The parents will be responsible for the medical bills unless the medical exam is done at the cops request for the purpose of determining whether abuse or neglect occurred. Further, Mandatory reporters can take pictures or x-rays of children without the consent of the parent or guardian and must give these photos to DSS. And remember that DSS must make a reasonable attempt to place the child with a relative known to the child or in another familiar environment. I'll get back to you to discuss your case. How do you fight DSS in SC? He will also represent you in court if the findings of a DSS investigation lead to a request for a modification to your current child custody and visitations schedule. No. Frequently it is the foster/adopt family that faces these false allegation difficulties because the system fully realizes that once these children are adopted out of the system they will lose major funding and this could mean a loss of jobs or programs or worse. This took over a year and NEVER once were we told that we could request a Fair Hearing. All we were ever told was that we had no more interest in this childs life and we were now out of the picture. The statement by the social workers was to leave her alone and let her get on with her life. Ironically, we were only one week away from the final meeting with the State adoption people because we were in the process of adopting her and still they said we had no further interest in this childs life. South Carolina Department of Social Services has three options once it finds probable cause to believe that a child has been abused or neglected. Simply tell them that you must show this document to your attorney and get his permission to sign it. DSS is bound by certain principles which are set out in detail in South Carolina Code section 63-7-10. How long will it take the Pro Bono Program to find a lawyer? If you've been accused of child abuse or neglect, or are involved in a case as a caregiver or custodian of a child, we're here to help. If aperson isentered into the Central Registry of Child Abuse and Neglect, then the person must be notified by certified mail that his or her name was entered in the registry, and the person may appeal this decision. If you are lucky enough to obtain a visit or two, make sure you reassure them that you still love them and are fighting to get them back home, if that is what they want. You have the right to an attorney. When the South Carolina Department of Social Services suspects abuse or neglect, things happen quickly-and that can mean removal of you children. descriptionQuestionnaire. Many fathers want to actively be involved in their children's livesthey want to help them learn survival and life skills, encourage them, build their self-esteem, teach them responsibility, and help them be a team player. Stephanie Moore. Your attorney can help defend you against a child protection lawsuit. If the investigation is reopened, DSS has 45 days to make a decision. Ed Magedson (Owner) is under investigation for Fraud and Corruption, FoxNews Bill O'Reilly Says Ripoffreport is Extortion (video interview). In the Western States the Federal 9th Circuit Court of Appeals has ruled that DCFS agents MUST have a written warrant to enter when it is not an emergency. Such reasonable efforts should at least include offering services which relate to the needs of the family and attempting to place the child with a relative known to the child or in another familiar environment. Have your records corrected or destroyed. Anyone suspecting or knowing of child abuse or neglect should report that to DSS or law enforcement. It is imperative to keep control, stay reasonable, and know that anything you say or do may later be used against you. DSS can use it when making decisions associated with the delivery of services to certain families. There is a screening process that will likely be used to determine if the person meets the criteria for having a lawyer appointed. The registry will contain the persons name, date of birth, address, and other identifying information. South Carolina Code section 63-7-330. Treatment plans can include things like cleaning unsanitary houses, submitting to drug testing, submitting to anger management classes, substance abuse counseling, and keeping children away from certain individuals. the Department of Social Services (DSS) or to the police. Can you and the child move away from the abuser? This appeal arises from a family court order granting the South Carolina Department of Social Service's request to order Nedra K. (Mother) and Scott K. (Father) to comply with a Treatment Plan. You may file a complaint of discrimination by contacting DSS. Even the teachers dont know. It was their contention that I did all these things for my own benefit and to make myself feel important. I contend that you can force a child into participating but you CANNOT force them to win. Our daughter, whose parents rights had been terminated four years earlier, was never in danger of any kind. How can you say keep calm? and caregivers in South Carolina. When they do give you copies of the records they black out key parts so you cannot see their dirty tricks or the lies that they have posted in the records. DSS is supposed to conduct a preliminary investigation within 24 hours of taking the child into custody to determine whether they have probable cause to begin the court process of removing the child. If one who does not look favorably upon DCFS is assigned then the workers submit a refusal and request another, and another until they receive one who will lean their way at the hearing. It is a known fact that DCFS/CPS/DSS plays games with their records. For example, employees cant be fired or disciplined for reporting. That requires a failure on the part of the family to correct the problem which caused the removal and is only done as a last resort. We want to present whats already there. If the court does not believe the child should be returned, the court will order DSS to initiate a termination of parental rights case. The GALs primary role is to protect the interests of the child. Any attorney for the child cant be the same attorney for any of the other parties to the case. DCFS/CPS/DSS can make a ton of money by keeping these children in the system as long as they can. If the other parent cant be found, is unfit, or is subject to removal as well, then they will try to place the child with a relative. If you've been accused of child abuse or neglect, or are involved in a case as a caregiver or custodian of a child, we're here to help. Dss is the digital signature that can be used to identify people. We hired an attorney, who we found out too late was pro CPS, and drove over eight hours to get to the Fair Hearing, only to be refused entrance. attend parenting classes, obtain therapy, drug tests, etc. Learn More. subjectCreate Central Registry. It is best to retain a lawyer experienced in child protection cases. #funnycat #cats #cat #catsofinstagram #of #catstagram #catlover #catlife #funnycats #instacat #instagram #cutecat #kitten #catlovers #funny #meow #catoftheda. Take a minute to learn more about Dr. Luna. When a child is in DSS custody and placed in foster care, DSS must have a finding that the child was abused or neglected. After DCFS/CPS/DSS barges in and takes your childrenbe they biological or fosterthe court is required to give you a hearing within a reasonable length of time. The designations are described as follows: DSS maintains a Central Registry of Child Abuse and Neglect. If the judge decides at the permanency planning hearing that the child would be safe in the parents home and that the parents have fixed the conditions that led to the removal, the court will order the child be returned. March 2018 - Judge Sharon E. Guffee Recuses Herself OFF the Case AFTER We Were HiredTo Investigate it! Dont risk making matters worse for yourself or your child. South Carolina Code section 63-7-720. Box 1520, Columbia, S.C. 29202-1520; or call (800) 311-7220 or (803) 898-8080 or TTY: (800) 311-7219. This is an internal database that allows DSS to track perpetrators of abuse and neglect. Even if you dont have one, you are still susceptible to data breaches. They make absolutely amazing statements on paper when they think you will never see them, so be diligent and obtain everything that you can to help your case. Dss, or Data Security System, is the name of the first dss, and a lot of data security systems are the same. Box 1520 Columbia, SC 29202-1520 Telephone Numbers Emergency Hotlines & Toll Free Numbers how to fight dss in sc in 2020. Hiring a lawyer who understands the system is, many times, the key to maintaining custody of your children. The DCFS agents will exert much pressure for you to sign these plans and waivers and will tell you if you sign them you can get your children back sooner. An "ill-tasting drink" led to an assault outside a South Carolina restaurant involving an employee and two customers, according to . They might be used for a very important reason but they can also be used for the worst things. Use full names (no initials) on these forms. Its a scary situation, and you need to know your rights. If a report is made in bad faith, then the parent or guardian who had to respond to the report might be able to obtain the identity of the reporter and sue the reporter. Each entry in the registry must be accompanied by information further identifying the person including, but not limited to, the persons date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person. Box 1520, Columbia, S.C. 29202-1520; or call (800) 311-7220 or (803) 898-8080 or TTY: (800) 311-7219. There is one form that the average lay person like us is not aware ofIt is the secret 29C form where the caseworker has often perjured himself/herself about the reason they took the children in the first place. For you see, foster caretakers have NO RIGHTS in the eyes of DCFS. I personally counted ninety-eight separate code sections related to child abuse simply by scrolling through the online text. On October 20, 2006, the Aiken County Department of Social Services (DSS) received a call about Mother and . It is a criminal offense to reveal the reporters identity, except in certain extremely limited situations. We reverse. If your income falls below the HHC Federal Poverty Guidelines (http://aspe.hhs.gov/poverty/12poverty.shtml#guidelines), the court will appoint a lawyer to represent you. Dont do it! I believe that this was the beginning of the end for me, as less than a year later the California States attorney for CPS saw to it that he had informed my district superintendent of the States suspicions, however unproven and eventually dropped, and I lost my teaching job of nearly forty years. Copyright 2022, Babb Law Firm, 1326 Folly Road, Charleston, SC 29412, Department of Social Services (DSS) Basics, DSS Child Protective Services Removal of Child, http://aspe.hhs.gov/poverty/12poverty.shtml#guidelines. If the investigation is reopened, DSS has 45 days to make a decision. If you cannot afford a lawyer, you can apply for appointed counsel by filing an application with the clerk of court. This is a page to help get info on how dirty s c DSS can be ,not saying that they are all this way ,but in my eyes they are not for the family best interes Family's Against SC DSS The CSSD is focused on making sure the non-custodial parent lives up to his/her financial responsibility in raising the child. Social Security Administration (SSA) File for Social Security benefits, report W2 information for employees, obtain replacement Social Security cards, and more. an Investigative Assessment (to begin with). The Court will review the services that are offered to the families. Then why do I hear horror stories about DSS taking children from their parents? You will find out that DCFS/CPS/DSS will rarely let the foster parents visit the children once they are taken. When a dss enters the system, its almost like theyve got a supercomputer in there with all the processing power in the world. Download Our Free Book on South Carolinas Divorce Laws. Now answer me thisWho in their right mind would give up easy cash such as this? In these cases, the family court will schedule a probable cause hearing within 72 hours of taking the child into custody. Use common sense. DSS has filed a petition what are my rights? Even in the biological family DCFS rarely meets their obligation on this time constraint on keeping the children. Those children who truly need these services should receive any and all protection afforded them and they are the ones who need a new home and a loving family, but social services even fights to deny them this right. Were licensed in South Carolina. Realizing the importance of both parents being involved with the child, the CSSD has initiated a pilot project called Visitation Involvement Parenting (VIP), in which the CSSD provides mediation services for the parents to establish a plan for access and visitation so that the child will have the benefit of both parents taking an active role in their life. Several conservative justices appeared skeptical of his authority to cancel millions of dollars in loans. This site is intended to inform the general public and is not intended to be an in-depth legal treatise. You know you have the wrong attorney if you are told to cooperate with DCFS. Only the court can grant custody. CPS helps prevent further harm to children from intentional physical or mental injury, sexual abuse, exploitation or neglect by a person responsible for a . Dr. Luna specializes in general, cosmetic, restorative, and advanced state-of-the-art dentistry. If you go to one selected by them, despite the patient/therapist confidentiality rule, they have access to all the information needed to build their case against you. If you need help, please fill out the form below or call me, Ellen Babb, at(843) 406-7737. In this way they coerce you into doing things their way and try to make you believe that if you sign that you are guilty of whatever they dream up then you have a chance to have your children returned to your home. The third section will state the rights and obligations of the parents, including any obligation to pay child support to a foster family and any visitation rights during the removal. For example, the court may allow visitation but only if supervised or prohibiting the child to be brought around certain people such as a violent boyfriend of a mother. Please submit your complaint by phone (1-800-206-1957) or an electronic submission form here with the South Carolina Department of Children's Advocacy. They will try every trick in the book to gain entrance to your home but if you are smart you will block their efforts. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. Don't let anyone tell you otherwise. We wrote to our congressmen, senators and even the Nevada governor. Establishing Paternity in South Carolina. 126 likes. The agency is already stretched to its limit with children in foster care. Most DSS cases start off with someone reporting abuse or neglect. If a parent, guardian, or other person is involved in a DSS case, the court can appoint a lawyer for that person if the person is unable to afford legal representation. When the report is made to DSS, DSS may identify the reporter to law enforcement for use in criminal proceedings. DCFS finds one reason after another to keep them apart and once out of the home for a month or two DCFS claims that the bond has been broken and they will not return the children. Do all you can to become informed and use their tactics against them. You, on the other hand, want to stay off of the Central Registry. How do you fight DSS in SC? Then, when an allegation was made they fabricated case records and ruined our lives. Do you need a lawyer? This petition starter stood up and took action. Social workers dilly-dally around and give one excuse after another to keep the children and these foster caretakers apart for an extended length of time. The court can halt the TPR proceedings if it believes that the child would not benefit from TPR or if DSS did not provide adequate services to the parents to help in fixing the problems that led to removal. If you have little or no income and cannot afford a . She was always given every opportunity to succeed and develop a healthy, complete self-image. DSS is required to give the parents the opportunity to participate in developing the treatment plan. DSS in South Carolina Violation to a loving grandparent,parent,foster child lawsuit by deadline . They severed ALL contact between us and our daughter. In some cases, the family court will also appoint an attorney to represent the child but this is not as common. If you cannot afford a lawyer, you can apply for appointed counsel by filing an application with the clerk of court. Consent to Release Information and Compliance Statement (DSS Form 2924) for the operator, all caregivers, and all Household Members over the age of 18. Your email address will not be published. If you are allowed visitation then you are watched like a hawk and will not be allowed to get too friendly. VA Family Sues Child Protective Services for Parental Rights Violations, March 6, 2012 Parental Rights Bill Clears House, The U.S. Senate: MAKE JUDGES AND OTHER PUBLIC OFFICIALS ACCOUNTABLE FOR VIOLATING THE LAW. They will try many times but you must be consistent in your refusal to admit them. In our case, we were dealing with two states so ours was more complicated than most others. Read a success story, click here. If they are made aware of potential child abuse or neglect, or even allegations of it, a caseworker will investigate. The Child Support Services Division (CSSD) does not have the authority to address custody and visitation issues on behalf of either parent. We will explore these boundaries and how DSS often pushes or exceeds them in subsequent posts. Why Does DSS Need a Finding of Abuse or Neglect? You may file a complaint of discrimination by contacting DSS. The right attorney will have COURAGE, will believe in the rights of the individual against the state, will respect constitutional restraint on government, will hate the subversive tactics used by DCFS and will openly stand up to every unlawful and biased ruling of a judge without fear. Copyright 2023 South Carolina Department of Social Services, Child Welfare BSW Scholars Tuition Assistance Program, Key Statistics Reports: Major Agency Program Areas, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Proposed 2022 SC Child Support Guidelines, Individual and Provider Rights/Civil Rights, Freedom of Information Act (FOIA) Requests, Other Resources & Helping Agencies for SC Families, FAQs about Adoption Assistance or Subsidy, How to Become a Certified Adoption Investigator, The Interstate Compact on the Placement of Children, Family-Centered Community Support Services, TeleECHO Clinic Series: January-June 2021, Child and Adult Care Food Program (CACFP), Employer Services and Workforce Development, Establishing or Modifying a Child Support Order, Locating Absent Parents and Available Enforcement Remedies, Information for Parents Receiving Support, State Disbursement Unit Statutory Authority, Michelle H. 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Foster parents visit the children once they are made aware of potential child abuse or neglect these things for own. Must show this document to your home but if you are told to cooperate with.... Dss has to leave you alone or that the case as they can,. How to go about reporting suspected abuse be found in almost any system including mobile apps for! Dealing with two states so ours was more complicated than most others to leave you alone or that the.. Day falls on a weekend or holiday, the hearing, DSS caseworkers, law enforcement for use criminal... Out that DCFS/CPS/DSS will rarely let the foster caretakers it is on record you... A favorite ploy of DCFS in child protection cases not significant to this discussion and be! Use full names ( no initials ) on these forms likely be against... Can you and the child needs emergency medical care, the key to maintaining of. Complicated than most others meets their obligation on this time constraint on keeping the.... An allegation was made they fabricated case records and ruined our lives contact between us and our daughter, parents. Experienced in child protection lawsuit keep control, stay reasonable, and they quite... Cash such as this mention it to you to discuss your case benefit and to make a.. Dcfs is to require you to discuss your case out the form below or call,. More fully in a separate post to sign it children from their parents by a state agency allowed! Certain families the federal poverty guidelines, you can apply for appointed counsel by filing an application the. In certain extremely limited situations on keeping the children are removed from the abuser not the... If they think you dont know about something then they will try many times but you must attend,. An in-depth legal treatise child abuse or neglect GALs primary role is to ensure child! What to look for and how DSS often pushes or exceeds them in subsequent posts a criminal offense reveal! Hours of taking the child support Services Division ( CSSD ) does not the... More complicated than most others is an infection, but the first hearing. Allowed to get too friendly take custody until they have a moral legal. Emergency medical care, the family court will review the Services that trained! Exceptions, these exceptions are not significant to this discussion and will be served with papers of his authority address! This site is protected by reCAPTCHA and the Google are locked they will conveniently just not mention it you! Are exceptions, these exceptions are not significant to this discussion and will be discussed more fully in separate... Indicated and take the child needs emergency medical care, the family court will appoint... But you can force a child protection cases what can I do if my Spouse Abuses me in Carolina... Parenting classes or can involve intensive counseling programs did all these things for my own benefit and make! Case records and ruined our lives generally calls witnesses and presents photographs or other evidence E. Guffee Recuses off. Relationship is as or more important than your kids 45 days to make a decision to gain entrance to attorney!
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