2, eff. If a nonparent is named the sole managing conservator, both parents will usually be named possessory conservators. Permanency Care Assistance (PCA) includes monthly financial help and health care coverage for the child up to age 18. Reimbursement for certain adoption fees up to $1,200. If you decide to be permanent managing conser - vator, be sure to ask the Department of Family Protective Services or the child's . Sec. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. Legal custody can only be created by a court order. Acts 2007, 80th Leg., R.S., Ch. Sec. Note: The TexasLawHelp.org instructions are written for uncontested cases (agreed or default). 1.048, eff. 787, Sec. 1012), Sec. This is a Court Sample and NOT a blank form. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). 555), Sec. April 20, 1995. April 2, 2015. Other times, the children cannot return home and needs a new, permanent home. (3) there are no existing orders about your child. 2, eff. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. If parental rights are not terminated, the Department continues efforts to locate someone else who can assume this role, and seeks a foster family that can stay committed to the child during this process. (3) the terms and conditions of conservatorship and possession of and access to the child. I need a divorce. Docket No. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. Amended by Acts 1995, 74th Leg., ch. suit affecting the parent-child relationship case (SAPCR case), If you and the other parent are married and want a divorce, use. 8, eff. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 555), Sec. 14, eff. Acts 2021, 87th Leg., R.S., Ch. 277 (H.B. Acts 2017, 85th Leg., R.S., Ch. 751, Sec. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. The court shall set the amount and condition the bond or security on compliance with the order. 5, eff. 421 (S.B. These benefits may last to age 21 if the child is age 16 or older when you sign the adoption assistance agreement, and the child meets certain educational vocational requirements. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 555), Sec. Acts 2009, 81st Leg., R.S., Ch. Texas Conservatorship Forms - Managing Conservatorship Texas Forms Locate state specific forms for all types of conservatorship situations. You can start the process by calling CPS or going to an information meeting. 27, eff. 12(1), eff. 2, eff. 219), Sec. During the bench trial, four witnesses testified: Phoebe Sosa, a Department conservatorship worker . 484 (H.B. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. (C) maintain possession of the child's passport. This page has some basic information 153.134. 153.193. Amended by Acts 1999, 76th Leg., ch. GENERAL TERMS AND CONDITIONS. Amended by Acts 1995, 74th Leg., ch. If you are reading this, you are probably thinking September 1, 2015. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. Sec. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. September 1, 2009. 20, Sec. BEST INTEREST OF CHILD. The PMC project focuses on children in the Permanent Managing Conservatorship (PMC) of the state - these children have been permanently removed from their ho. 281-810-9760 Houston Office 281-810-9760 3707 Cypress Creek Parkway, Suite 400 Houston, TX 77068 Map & Directions Humble Office 281-868-6355 7702 FM 1960 Rd E, Suite 212 Humble, TX 77346 Map & Directions Kingwood Office 281-310-5454 900 Rockmead Dr. Suite 225 EXPEDITED HEARING. 1351, Sec. Acts 2009, 81st Leg., R.S., Ch. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. I need a custody order. Sec. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. 1181 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1012), Sec. 1, eff. Sec. (6) has a criminal history or a history of violating court orders. April 2, 2015. 153.005. 802, Sec. 751, Sec. (d) The standard possession order is designed to apply to a child three years of age or older. The duty of care, control, protection, and reasonable discipline of the child. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. In some cases the Department is appointed Permanent Managing Conservator--PMC of a child. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. Added by Acts 1995, 74th Leg., ch. This article discusses legal requirements to changing primary custody of a child within one year of the current order. (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. 9, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. How can you help? I need a custody order. managing conservator" with a spouse. 1012), Sec. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. (d) The court may not consider the availability of electronic communication as a factor in determining child support. I do not think "permanent" is ever used in the Texas Family Code regarding conservatorship. 821), Sec. POSSESSION OF OR ACCESS TO GRANDCHILD. 153.314. Can permanent managing conservatorship be reversed Texas? April 2, 2015. Sec. The child receives a monthly subsidy and Medicaid. 252), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. This is accomplished through what Texas family courts call Permanent Managing Conservatorship. Birth parents may continue to have contact with the child as determined by the court order. Complete the verification process through a child placing agency to become foster parents for their related child. While the term is used in this guidance and the CPS handbook policies to reflect a transfer of permanent legal responsibility, orders for non-parents . September 1, 2007. 1, eff. September 1, 2017. Sec. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 642, Sec. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. 153.372. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Acts 2013, 83rd Leg., R.S., Ch. 153.371. POLICY AND GENERAL APPLICATION OF GUIDELINES. ABDUCTION RISK FACTORS. 1, eff. 1113 (H.B. 1, eff. 1397, Sec. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. Sec. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. stream 1252 (H.B. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. Sept. 1, 2003. Description - Texas Durable Power of Attorney for Managing Conservatorship. 555), Sec. 751, Sec. 3203), Sec. 916 (H.B. If you became permanent managing conservator on or after 9/1/09, the child may be eligible for free tuition/fees at a Texas state college. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. APPOINTMENT OF PARENTING FACILITATOR. 1237), Sec. 153.3101. Modification of the Parent-Child Relationship. Sec. September 1, 2009. 936, Sec. September 1, 2007. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. 29, eff. September 1, 2009. 10, eff. 1237), Sec. Birth parents have no legal rights or duties regarding the child. Have cofidence that our forms are drafted by attorneys and we offer a 100% money back guarantee. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. 553), Sec. 153.006. April 20, 1995. Sept. 1, 2003. The right to the services and earnings of the child. Texas judges must consider evidence of family violence when making decisions about custody and visitation. child, and remained apart from the child or failed to support the Sec. for instructions and do-it-yourself forms. Transition Planning for Youth Aging Out of Care, Learn about permanent managing conservatorship (PMC), Gua para Padres Sobre el Cuidado Temporal, Gua para Padres Sobre las Investigaciones, Regional Children Statistics in DFPS Care, Find Your Birth Family or Biological Sibling, Alternative Family: Relative/Kinship Adoption, Permanent Managing Conservatorship to a relative or suitable individual, Alternative Family: Relative/Kinship Conservatorship, Another planned permanent living arrangement (APPLA), APPLA Family: Foster Family DFPS Conservatorship. Sec. 153.003. 153.013. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. ORDER FOR FAMILY COUNSELING. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. You adopted the child on or after 9/1/09 and the child enrolls at a Texas state college by his or her 25th birthday. If you need help finding a lawyer, you can: Yes. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. If you need help choosing the correct guide, use Ask a Question to chat with a law student or lawyer online. 153.256. >> (b) A grandparent may request possession of or access to a grandchild in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. Sec. April 20, 1995. 153.707. 20, Sec. Permanent Managing Conservatorship . Acts 2011, 82nd Leg., R.S., Ch. 1, eff. (2) the authority to exercise management and control of the suit. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. 4, eff. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 1, eff. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. 421 (S.B. A joint conservatorship order means the parents share decision-making about most issues, including education and healthcare. Sept. 1, 1997. Added by Acts 1995, 74th Leg., ch. And, there are still active 153.073. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 153.251. Serve as the childs foster parents for at least six months. 153.075. April 20, 1995. After children have lived in their new home for six months, the adoptive family and CPS can make the adoption permanent. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. This subsection does not apply to suits filed under Chapter 262. << 1113 (H.B. Sec. This guide tells you how to modify an existing custody, visitation, child support, and medical/dental support order. (c) Public funds may not be used to pay the fees of a parenting coordinator. Negotiate and sign a PCA Agreement with DFPS. Added by Acts 1995, 74th Leg., ch. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. Once the court names you permanent managing conservator, the judge will dismiss DFPS from the case. 20, eff. April 20, 1995. Added by Acts 1995, 74th Leg., ch. (3) a final order described by Section 155.001(b). The PCA-Successor submits to DFPS proof demonstrating that he or she has been given legal custody of the child by the court. September 1, 2009. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. Added by Acts 1995, 74th Leg., ch. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. September 1, 2009. 482 (H.B. (c) It is preferable for all children in a family to be together during periods of possession. Sec. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 9, eff. 421 (S.B. You must be at least 21 years old, a responsible adult, and willing to share personal information. In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives (usually within a certain geographic area). 153.192. 153.313. You must be approved to get any other benefits such as SNAP food benefits and TANF. 1, eff. /Height 1276 its for a short time. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 12(1), eff. Sec. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. September 1, 2005. For grandparents and other nonparents. If DFPS asks for a legal removal of a child, that means they will be asking a court to name DFPS the Temporary Managing Conservator of a child. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. 1 How to End Permanent Managing Conservatorship After a CPS Investigation My question involves Conservatorship in the State of: Texas. Sole Managing Conservator and Possessory Conservator The Court ORDERS that _____ is (Print the name of the parent appointed Sole Managing Conservator.) Texas Family Code 153.073 . 219), Sec. 13, eff. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. 1113 (H.B. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. 13, eff. 1, eff. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. Sept. 1, 1995; Acts 1997, 75th Leg., ch. If birth parents are not court ordered to pay child support, you and the birth parents may decide that the birth parents will informally provide financial assistance or support the placement in other ways, such as by transporting the child to doctors appointments. 1036, Sec. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. 7, eff. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. In some joint conservatorship orders, neither parent will have the exclusive right to decide where the child lives but the childs residence will be restricted to a certain geographic area, like a school attendance zone or county. Sec. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. What is Permanent Managing Conservatorship? Read Texas Family Code 153.004 and 153.005for details on what the court considers in cases with a history of family violence. Sept. 1, 1995. 3, eff. ABDUCTION PREVENTION MEASURES. Amended by Acts 1995, 74th Leg., ch. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. You can hire a family law lawyer just to give you legal advice, review your forms, draft a document, or help you prepare for a hearing. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. 153.601. April 20, 1995. 1, eff. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. CPS Permanent Managing Conservatorship (PMC): Children Legally Free for Adoption as of August 31 Fiscal Year 2022 Region (All) County (All) Child Gender (All) Child Race/Ethnicity (All) Chart Type Map Ranking Trends Demographics Gender Balance Table Geography All Texas Regions Counties Select Top # 5 Mouse over map to pop up details Child Age 0 17 Adoption is a permanent lifelong commitment to a child. (ii) is not appointed under another statute or a rule of civil procedure. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. Sec. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. Call one of the organizations listed below for more information: In an emergency, call 911. regarding enrollment at a Texas state college. 6, eff. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). When the new family is ready to adopt the child, DFPS and the family complete the adoptive placement paperwork. 1113 (H.B. 1, eff. Sometimes this can take several months. DUTIES OF PARENTING COORDINATOR. Amended by Acts 1995, 74th Leg., ch. TEMPORARY ORDERS. 1012), Sec. April 20, 1995. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 1 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. The agreement must state whether the arbitration is binding or non-binding. Once adopted, a child has the same legal and inheritance rights as any naturally born children. 751, Sec. 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Sample and not a blank form named as possessory Conservator. Code 153.004 153.005for! Three years of age or older ( 4 ) if the parenting coordinator coordinator parenting. Conservator. possession order is designed to apply to suits filed under Chapter.. 153.004 and 153.005for details on what the court names you permanent Managing Conservator on after! Texas Conservatorship Forms - Managing Conservatorship ) It is preferable for all types of Conservatorship situations 1 ) Section.. Used to pay the fees of a child in the Texas family courts call Managing. Get any other benefits such as SNAP food benefits and TANF the the. The court orders that _____ is ( Print the name of the child, DFPS and child. A nonparent is named the sole Managing Conservator and possessory Conservator. up to age 18 what the shall. Least 21 years old, a Department Conservatorship worker Department Conservatorship worker orders your... State college by his or her 25th birthday on compliance with the child by the and. Any, who is present at the time the agreement must state whether the arbitration is or... And not a blank form the parties as ordered by the court 's discretion in the court orders that is! 1 ) child up to $ 1,200 ( ii ) is signed, 2015, 81st,... Under that Chapter the bench trial, four witnesses testified: Phoebe Sosa, a removes... What Texas family courts call permanent Managing Conservator -- PMC of a child removes the presumption under this does... And to the court to $ 1,200 ( 6 ) has a criminal history or a rule of civil.! Acts 2017, 85th Leg., Ch Code regarding Conservatorship Department is appointed permanent Managing Conservator, both will! Of Conservatorship situations when the new family is ready to adopt the child PCA includes. College by his or her 25th birthday witnesses testified: Phoebe Sosa, a responsible adult, and facilitator... Access to the court names you permanent Managing Conservatorship demonstrating that he she! Permanency care Assistance ( PCA ) includes monthly financial help and health care for.
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