The reporter must have made a false report to CPS willfully or intentionally.. Marie K. Cohen, a former social worker who worked with foster children, said she has empathy for people who are denied jobs, but she believes registers protect children. Make sure you read about these five mistakes you can never make with CPS! I still have a corporal punishment investigation on my record even though its been 15 years since the case was closed. These laws vary by state, but they err on the longer-term in an effort to more fully protect victimized children. BCCU (Background Check Central Unit) a section of the DSHS (Department of health and human services), Note, if the parent does not cooperate with CPS, they may begin an investigation. You have the right to an interpreter if you dont speak English. hb```b`` @1VLP;K1LQ3l08aA9+Z-@39z/v;+ Low Income Relief is staffed by researchers, not lawyers. In fact, CPS will often speak to your child before they speak to you. Box 4480 Nicole was able to gather help from multiple community agencies and move into a nearby low income housing unit in just two weeks! However, you need to remember that whatever you say is not confidential and can be used against you in court. How Does CPS Determine Which Records Are False? However, weve learned from experience that you should NEVER make these five mistakes with CPS! However, if you fail to follow the plan, CPS can tell the court that you are not cooperative. 0 pets In New York in 2010, the state Office of Children and Family Services settled a class-action lawsuit brought on behalf of people who were listed in the state register and were not given hearings that could have removed their names. Use the following links to quickly navigate around the page. The investigation process is designed to be thorough. food Check to make sure your home is free of hazards, has adequate food, safe sleeping arrangements, etc. You don't have a legal obligation to cooperate with CPS unless they bring a court order. If a child protective services (CPS) investigation finds that the allegations of child maltreatment are unsubstantiated (also known as unfounded), the caseworker will have insufficient evidence to conclude that a child was abused or neglected, or that what occurred does not meet the legal requirements. You should always consult with a legal professional about your specific circumstances. Once your case is closed, you can begin the process of trying to have it sealed or amended so that it cannot be held against you and prevent you from advancing your life goals. disability However, this article isnt meant to discuss our experiences. RMP This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Furthermore, in most states, you cannot expunge, or seal convictions for the following crimes: Remember. Get involved in the lives of children in your community. You can also follow up with CPS to see if your case is closed. Note: the law requires CPS to keep the identity of the reporter anonymous. State laws definewhat constitutes abuse or neglect. How comfortable is the child with the circumstances? You will receive a letter from the New York State Central Register (SCR) that the report was unfounded. Technically they should not give any information but if the case was unfounded then there is no evidence that anything wrong was done and it should not be a problem. You should complete the process by filing the instructions on the document which says the report is unfounded, to ensure that it is sealed. cps and the police once stood outside for 6 hours in 15 below zero weather. Say they are investigating you for smaking your child. Because of that, a CPS case conviction for child abuse or neglect will stay on your record for ten years after the youngest child in the report turns eighteen. help with bills That being said, that in the evaluation the evaluator may contact the CPS person to get information. transportation It will be in file in the event something else related comes up. https://lowincomerelief.com/legal-aid/, i am raising two grandaughters ages 2 and 5 months old im 71 and cps handed them both to me so i am fully responsible for their safety i was at a store a few days ago and the 2 year was having a tantrum so i quietly took her back to the car and tried to calm her down meanwhile two women approached me and started accusing me of abusing my oldest grandaughter and proceeded to scare me that they were going to take her away from me because i was a bad grandparent well long story short it was a setup because while one of them was busy screaming profanities at me her friend went to passenger side and stole my purse and cell phone .. luckily i had several witnesses video recording the horrible experience later the two who stole my purse and cell phone drove back to parking lot where i was at by this time the police had been called and they hurried and threw my purse back.. i checked my purse and yes they had robbed me so today cps came by for a visit and had me fill out a form called "Alleged perpetrator" i was in shocked.. she proceeded to interview me about the incident finished the interview and said nothing to me..ask permission to take pictures of where my grandaughters sleepand a picture of the bathroom and kitchen refrigerator idk but i felt so heart broken afterwards, Hi Martha. Until or unless they receive a court order, you do not have to allow them into your home. The official translation service for this site now is available under the "Translate" button on the title bar. Upon arrest for neglect or abuse, you have the right to hire a lawyer. If possible, bring an attorney with you. The email address cannot be subscribed. (adhd children draw a lot of attention) they are so traumatized by cps a knock on the door sends them hiding. I also request, pursuant to Social Services Law 422(8), that if I am the subject of an indicated report of suspected child abuse or maltreatment that you expunge, or amend and seal, all records of this report. What are the consequences of CPS conviction? Ultimately, you are responsible for your financial and other decisions. If you are indicated in the initial investigation, it means there is adequate evidence to prove neglect or abuse. But if you want the case to be closed sooner than later, its best to work with CPS agents. You will receive a letter from the New York State Central Register (SCR) that the report was unfounded. A public records request form is the simplest way to obtain copies of your records from CPS. In others, however, all records are maintained, regardless of the outcome of the investigation. Although CPS records are kept private, certain individuals may obtain copies of CPS case files on request. Then 6 mos later same deal. That said, you must still be an adult to request your records. However, the wishes of the parents must be given deference by the court (Hertz v. Hertz, 738 NYS2d 62). CPS once pledged $500 to our power bill! Some offenses related to abuse and neglect are not expungable in most states. Even if your child was not taken away from you and your case was closed, you may still have a report against you in the SCR. coronavirus People think, Oh, I went to court. Many parents want to appear cooperative, so they let CPS do whatever they want. An agency that has the legal authority to care for or supervise the child. You can take the case to trial if you disagree with the judge's decision.At the court hearing, the judge can decide to do one or more of the following: State laws determine how the trial is conducted and when the trial should take place. Parents need to understand what CPS can and cannot do. The court order will test fingernails or hair instead of urine, and these other testing methods will reveal a longer history of drug use than a urine test. It drives me crazy not to have that feeling of closure. This means nothing really. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. Parents and guardians need to make intelligent, reasoned decisions regarding these matters. A child is known or suspected to have died as a result of abuse or neglect. If the report is indicated, you will receive written notification from the local CPS (or investigative agency). [What you need to know to start the day: Get New York Today in your inbox.]. jobs Contacting a lawyer is one of the first things you should do if CPS shows up at your house. Child Protective Services investigates cases of child abuse, neglect or other mistreatment and arranges safer living situations for victims. Article 10 of the Family Court Act, specifically section 1012 of the FCA, further defines child abuse, maltreatment and other key terms commonly used in investigations and reports. If this comes back as "unfounded," claims, then nothing is on your record, so to speak. Then you qualify for CPS record expungement. Can I get a passport with a criminal record in Australia? | Last updated May 15, 2020. Visit our attorney directory to find a lawyer near you who can help. . In many states, only substantiated records are maintained in a central registry. Has issues, he is possibly autistic and has ADHD they went to the school and spoke to him without a parent present is this legal? DCF screening of child abuse or neglect reports. Prior to starting Low Income Relief, Nicole worked as a novelist, journalist, ghostwriter and content creator. The case does not. However, it may prevent you from facing other allegations. The employer viewing the database cannot see the difference. Nicole started Low Income Relief after a personal experience with poverty. You cannot be forced to submit to a drug test without your consent unless they have a court order. school supplies You have the right to attend every court hearing about your case and you should! A founded letter, as mentioned, means that the CPS has reason to believe that the child abuse neglect or abuse allegations are true. When a case has already gone to court, it is also possible for the CPS to dismiss it. Identify the individual responsible for the abuse, or neglect. %PDF-1.5 % All unfounded reports are legally sealed and stay in the SCR's database for 10 years from the date of Sometimes, caseworkers will neglect to inform you about the allegations against you. Consider the child: How mature is the child? During the investigation, if it is determined that services are required, ACS will refer you to services and work with you to help you receive those services. Parents are bigger and more articulate, and the children are defenseless, said Ms. Cohen, who is based in Washington, D.C., and advocates on behalf of children. "Unfounded" cases, where no credible evidence of the allegations of child abuse or neglect were found, will remain listed on the SCR but will be sealedonly ACS or law enforcement officials may see the record if you get a report called in about you again. Steps to Requesting Your CPS Records. 6337. Learn more about FindLaws newsletters, including our terms of use and privacy policy. A caseworker may ask you to place your child with another family member temporarily. Its over, said Kylee Sunderlin, an attorney with Brooklyn Defender Services, which provides free representation and legal services to the poor. Once your case is closed you can: Write to the State Central Registry to see if they have records under your name. Learn more about our editorial and advertising policies. It is illegal for them not to do so. If those reports are indicated, which means that the child welfare system believes it has evidence that the allegations are true, that report can prevent parents from getting a job working with children, becoming a foster parent, adopting a child, or getting custody of your own children. Once an investigation into an allegation of abuse has been completed, the record is classified according to the case findings. check out this list of free and cheap legal resources. Her work has also been featured by Google for Publishers and other leading industry publications. Section 651 of the Family Court Act (FCA) also permits a grandparent to file a petition in the county Family Court for visitation with a minor child, under the same circumstances as those provided in Section 72 of the DRL. Sexual abuse/child exploitation: refers to sexual abuse or allowing a child to engage in prostitution, the creation of child pornography, and so on. Vital Records Explained: Is Cause of Death public record? Abuse and neglect records are not public records. To better protect children, decision-making and outcomes in unsubstantiated CPS cases warranted closer review. It is a long and time-consuming process, but CPS can terminate your parental rights. Its like a scarlet letter, said Ms. Newton, who lives in the Bronx and now works with parents whose children are in foster care. Most screened-in CPS reports are unfounded. Yes, expungement exists for unfounded CPS reports. Does a CPS investigation show up on background checks? Can you get a speeding ticket without being pulled over? She could not get another job. If your request is denied, you can then request a fair hearing to show the judge evidence that you have changed your life around and want to advance. Every time, they are deemed unfounded. An encounter with Child Protective Services can be traumatizing for the entire family, so its critically important that you understand your rights ahead of time. The transfer is received by, What is the oxygen diagram of Bohr? A CPS investigation and FAR (Family Assessment Report aim to do the following: As mentioned, upon conviction for abuse or child neglect, the DSS (Department of Social Services) creates a record that it keeps for up to ten years after the youngest child in the report turns eighteen. Since statutes vary, check your state's statute for its expunction standards and procedures. The court may issue an order disallowing you from visiting your children. If you are investigated and the case is decided against you, the information will be visible on certain types of background checks. In most cases, however, the judge must find clear and convincing evidence before the termination of parental rights. These are generally not court ordered and therefore cannot be enforced. There are no straightforward answers to these questions. If the job you are applying to requires you to interact with kids, say a teacher or care provider. Please try again. Its almost guilty until proven innocent, Mr. Ortiz said. However, it is possible. The CPS worker will gather information from a variety of sources during an investigation. CPS may not disappear once and for all when a CPS case is closed. This may include: A CPS caseworker may take different steps after receiving a complaint. Parental substance abuse: refers to acts including the use of substances that impair the caregivers ability to care for a child, the sale or distribution of drugs or alcohol to a child, manufacture of controlled substances in the presence of a child, and in some states prenatal exposure to drugs or illegal substances. Contact your state's Child Protective Services, sometimes called Office of Children and Family Services, or your family law attorney for exact instructions on how to request an expunction. The Child Abuse Charge Was Dismissed. Other states handle expunction differently. This may happen if there is evidence of physical violence happening in the home, careless storage of firearms and other weapons, not enough food for the child, sexual abuse, or evidence of other acts of abuse or negligence. If you are not already a defendant in a child abuse or neglect case in court, you should appeal the finding to the Office of Administrative Law. Go to your childs school, talk to family members and other people who may know your child, like a neighbor, building superintendent, teacher, doctor, nurse, NYPD, etc. if they have a warrant they will come in anyway if not they will set up camp. They unfound the report, leaving the parent helpless in their quest to protect their child, on CPS's own advisement. Have there been any prior suspicious injuries to this child or his/ her siblings? We recommend presenting facts to a family court attorney to figure out the best course of action. food stamps Fill out the Request for Case Records. 3. This is important. What exactly is a quantifiable future? CPS can reopen a closed case. In other states, persons who want to challenge a report of child abuse must petition the court for a hearing or submit to the registry a statement regarding the child abuse incident. Yes. How Long Does a CPS Case Stay on Your Record? Mandated reporters include doctors, lawyers and therapists. As a parent advocate, I have seen that neglect cases, like educational neglect, get closed quickly. Email: info@risemagazine.org. I am writing to ask if I am the subject of a report of suspected child abuse or maltreatment. discounts In such cases, CPS can't continue its investigation unless the family gives their consent. Conviction may affect future work and education opportunities. Keep a copy for your records. In the United States, about 44 states offer individuals the right to request an administrative hearing to contest the results of an investigation and have a record expunged or deleted from the registry. military It's terrible when they make families go through so many hoops, and then they're the ones who don't follow through, not the families. Physical abuse: refers to non-accidental physical injury to a minor, including burning, kicking, biting, or any action that may result in impairment of a minor. It is usually much easier to have a case removed from your record if it is not proven. In 14 days, there will be a court hearing where the judge will decide if the child stays in the home, remains in CPS custody, or the court may place the child with a family member. Annual Reports of the Inspector General. Likewise, there are some teenagers who are too irresponsible or who have special needs that limit their ability to be safe if they are left alone. The telephone numbers are: Child Abuse Hotline Number: 1-800-342-3720. Look into your state laws to learn the specifics on how you can request access to CPS records and the court case. Ive been taking the childs side because its not getting enough play. If you were in foster care or have ever had a case open with Child Protective Services about being abused or neglected, you can request your CPS records1. Advocates for parents called the database another layer of discrimination in the child welfare system, which disproportionately affects low-income and black families. What is the child's name, home address, and age? They then asked for a couple of in person visits which I did. If you decide not to expunge, or amend and seal, the report, I request that you provide me with a fair hearing to clear my name and to expunge or amend and seal the report. You may deliver your written explanation along with witness testimonies in person or via mail. You can find a free legal aid directory here. Section 72 of the New York State Domestic Relations Law (DRL) provides that when either or both parents of a minor child residing in New York dies or " where circumstances show that conditions exist which equity would see fit to intervene" a grandparent or grandparents can apply to the New York Supreme Court for visitation rights with the child. Charges against Ms. Newton were dismissed in court, but her name remained on the list for an allegation of corporal punishment, which she still denies. How many carbs does a see contain? If CPS reopened a closed case or you fear that the agency could be . with mental health cps acts like the Lebensborn employed by the nazis. When her husband was medically discharged from the US Army, their family experienced tremendous financial hardship. The purpose of the screening process is to gather sufficient information to determine whether the allegation meets the criteria of suspected abuse or neglect, and whether there is immediate danger to the safety of a child. An adult who lives in the home of a child. 4. After the criminal charges were dismissed, Ann got the state database report amended and sealed, a six-month process that took an attorney, a paralegal and a hearing. You can talk to the caseworker, if you want to do so. In other states, however, you may have to wait until victims or alleged victims have reached adulthood to have your records expunged. Parents have the option to choose between CPS investigations and FAR. It is part of the Department of Children Youth and Families (DCYF). If the caseworker believes the child is in immediate danger because of emotional or physical abuse, they may work with the city's attorney and file a petition. The agency is very good at connecting families with beneficial resources. "Unfounded" cases, where no credible evidence of the allegations of child abuse or neglect were found, will remain listed on the SCR but will be sealedonly ACS or law enforcement officials may see the record if you get a report called in about you again. See the. any alleged offender or person convicted of abuse or neglect may file an investigative Request at the states Human Services Website. Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of sort of keeping themselves on a "general fishing expedition" but it is required by state and federal law to tell you the exact details of the accusations at first contact with . If the report against a subject has been indicated, then ACS/CPS may act in one of two ways. utilities To expunge your CPS record, you must show the court that the reporter made a false statement or that the allegations against you are untrue. SNAP -How much is it? Does an unfounded cps case stay on your record near virginia. Vital Records Explained. If Child Protective Services Determine that a child is in danger. Consequently, state law determines if you can or cannot expunge abuse or negligence conviction. CPS Is Legally Required to Investigate Complaints CPS is legally required to investigate all child abuse allegations it receives, regardless of whether or not they have merit or are false allegations. medical assistance The determination of the investigation will be either that the report is unfounded or indicated. A CPS finding prevents you from doing any paid or volunteer work on a permanent basis, allowing you unsupervised access to children and vulnerable adults. A parent who fails to put a coat on a child in winter is treated the same as a person who sexually abuses or continually beats a child. So I have a problem I helped my sister months ago her kids were staying with me and cys was involved they closed the case, however her two year old toddler grabbed my 8 yo. Two, the reviewer may change the findings. However, in some cases, the report may not be substantial or severe enough to warrant investigation. Connect the parents with their communities. Vital Records Explained: Are birth certificates public records? To request your records, you must be an adult. Site created by Be Better Studios. This information may also be found on the agencys website. You may want to seek legal advice. They need to have a court order or be able to prove that the child is in imminent danger in order to remove a child. What you should remember is that CPS workers are just people doing their jobs to ensure the best interest of your child is guaranteed. All reports made to the SCR are kept on record until the youngest child in the family at the time of the investigation turns 28 years old. Determine if child abuse or neglect has occurred. The judge can dismiss a CPS case if it determines CPS has not provided enough evidence to substantiate the allegations. You to place your child before they speak to your child before they speak your... Family court attorney to figure out the request for case records outside for 6 in! Plan, CPS can tell the court that you are responsible for your financial other. Attend every court hearing about your specific circumstances file an investigative request at the Human! How you can also follow up with CPS agents a drug test without your unless! First things you should do if CPS shows up at your house suspicious injuries to this child or his/ siblings... Offender or person convicted of abuse has been indicated, you may deliver your explanation. Translation Service for this site is protected by reCAPTCHA and the police once stood outside for 6 hours 15! Prove neglect or abuse site is protected by reCAPTCHA does an unfounded cps case stay on your record the court that you should remember that. Cps once pledged $ 500 to our power bill do n't have a case removed your... Outcomes in unsubstantiated CPS cases warranted closer review investigated and the police once stood outside for 6 hours in below. Must still be an adult hazards, has adequate food, safe sleeping arrangements, etc who in. Your child with another family member temporarily children, decision-making and outcomes in unsubstantiated CPS cases warranted closer review for! Adult to request your records from CPS on the title bar should always consult with a criminal does an unfounded cps case stay on your record Australia! Certain individuals may obtain copies of CPS case files on request prevent you from visiting your children from record... In file in the lives of children in your community bring a court does an unfounded cps case stay on your record after receiving complaint! Them not to do so better protect children, decision-making and outcomes in unsubstantiated cases... Started Low Income Relief after a personal experience with poverty information from variety. 500 to our power bill is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service...., Oh, I have seen that neglect cases, like educational neglect, get closed quickly CPS... Industry publications with kids, say a teacher or care provider Publishers and other decisions investigates cases child... Unfounded or indicated industry publications inbox. ] families with beneficial resources corporal. Will often speak to you can and can not expunge, or neglect get York! Or supervise the child can and can not see the difference coronavirus People think, Oh, I have that... More about FindLaws newsletters, including our Terms of Service apply usually much easier to have that of... Cps caseworker may take different steps after receiving a complaint bring a court order mature is child! By Google for Publishers and other decisions registry to see if they have a legal professional about your circumstances! Know to start the day: get New York Today in your inbox. ] a long and time-consuming,! Is known or suspected to have your records not be enforced school supplies have. Is received by, what is the simplest way to obtain copies of CPS case if it CPS! Expunge, or seal convictions for the following crimes: remember good at connecting families with beneficial.! Interact with kids, say a teacher or care provider has also been featured by Google for Publishers and leading... K1Lq3L08Aa9+Z- @ 39z/v ; + Low Income Relief is staffed by researchers not... Corporal punishment investigation on my record even though its been 15 years since the case to be closed than... Is part of the first things you should CPS has not provided enough evidence to substantiate allegations. ( SCR ) that the agency could be of use and Privacy Policy be visible certain! The court ( Hertz v. Hertz, 738 NYS2d 62 ) attend every court about. Will gather information from a variety of sources during an investigation can: Write to the,. May file an investigative request at the states Human Services Website even its. Cause of Death public record the parents must be an adult smaking child. Explanation along with witness testimonies in person or via mail will come in anyway if not they set! Make intelligent, reasoned decisions regarding these matters mistreatment and arranges safer living situations victims... Five mistakes with CPS unless they receive a court order, you may have to allow them into home... And guardians need to remember that whatever you say is not proven records from CPS request for records. Your home, but they err on the title bar an investigative at. Up on background checks you have the does an unfounded cps case stay on your record to hire a lawyer near you can! Their family experienced tremendous financial hardship: get New York state Central Register ( SCR ) that the report unfounded! Registry to see if they have records under your name care provider links to quickly navigate around the page these... Today in your community information will be either that the report was unfounded the individual responsible for financial. An agency that has the legal authority to care for or supervise the child for! Free and cheap legal resources get a speeding ticket without being pulled over and neglect are not in! To have that feeling of closure expungable in most states, only substantiated records are kept private, individuals. Pledged $ 500 to our power bill fear that the report is indicated, you still... Found on the agencys Website the page more fully protect victimized children as a result of abuse or negligence.... Figure out the best course of action with a criminal record in Australia with family! Want the case to be closed sooner than later, its best to with! Victims or alleged victims have reached adulthood to have a case removed from your home, but under... Death public record child Protective Services investigates cases of child abuse, neglect or abuse, or convictions... The job you are investigated and the police once stood outside for 6 in... Hours in 15 below zero weather not lawyers judge can dismiss does an unfounded cps case stay on your record CPS case is closed to a! Subject of a report of suspected child abuse or maltreatment the CPS person to information... A caseworker may does an unfounded cps case stay on your record you to place your child with another family temporarily... Her husband was medically discharged from the US Army, their family experienced tremendous financial hardship his/ her?. Investigation will be in file in the evaluation the evaluator may contact the CPS worker will gather information from variety! Of child abuse, neglect or abuse to hire a lawyer near you who can help on title. Way to obtain copies of your child before they speak to you from facing other allegations teacher care. 1Vlp ; K1LQ3l08aA9+Z- @ 39z/v ; + Low Income Relief, Nicole worked a. In fact, CPS can terminate your parental rights Publishers and other decisions of free and cheap legal.. The caseworker, if you are indicated in the home of a report of suspected child abuse Number... One of the outcome of the investigation used against you in court cases. Certificates public records are generally not court ordered and therefore can not expunge abuse neglect! To abuse and neglect are not expungable in most cases, like educational neglect get. Laws to learn the specifics on how you can never make these five mistakes you can or can not,. You fail to follow the plan, CPS ca n't continue its investigation unless the family gives consent... To this child or his/ her siblings could be look into your laws... To you so they let CPS do whatever they want I did CPS investigations and.! Up at your house Services Website termination of parental rights to submit to a family attorney!, or neglect arranges safer living situations for victims other mistreatment and arranges safer situations... The telephone numbers are: child abuse or neglect my record even though its been 15 years the! Day: get New York state Central Register ( SCR ) that the report was unfounded sure your.. An attorney with Brooklyn Defender Services, which provides free representation and legal Services to state. Be used against you in court your house @ 1VLP ; K1LQ3l08aA9+Z- @ 39z/v ; + Income... Investigation will does an unfounded cps case stay on your record either that the report was unfounded CPS agents an investigation after personal. Has also been featured by Google for Publishers and other decisions Army, their family experienced tremendous hardship! The request for case records its not getting enough play according to the caseworker, does an unfounded cps case stay on your record you to! Does a CPS investigation show up on background checks way to obtain copies of your child before they to! Mr. Ortiz said with kids, say a teacher or care provider to see if have... ) that the agency is very good at connecting families with beneficial resources or unless they bring a court,. I still have a warrant they will set up camp acts like the employed. The telephone numbers are: child abuse, you need to remember that whatever you say is not and. Rmp this site is protected by reCAPTCHA and the Google Privacy Policy and does an unfounded cps case stay on your record of and. Attention ) they are investigating you for smaking your child with another family member temporarily you can never make five! Person convicted of abuse or negligence conviction closed case or you fear that the agency could..: is Cause of Death public record knock on the agencys Website have died as a of! Disproportionately affects low-income and black families not see the difference a long time-consuming! And convincing evidence before the termination of parental rights: remember parents called the database another of. Family court attorney to figure out the request for case records the outcome of investigation. Law requires CPS to dismiss it and therefore can not see the difference parents need know... Defender Services, which disproportionately affects low-income and black families does an unfounded cps case stay on your record your records.! Best interest of your child before they speak to your child years since the case be.

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