Health Care Lawyer in Austin, TX. (If you are already in the hospital, the temporaryorder of detention orders you to stay there until the full hearing. 0000004379 00000 n
Memorandum to Hospitals and Mental Health Facilities; M-130: Affidavit for Involuntary Emergency Hospitalization for Mental Illness and Order of Detention INV 16. F-1, F-2, and F-3 Drug Offenses: generally mandatory from range when required by statute [2929.13(F)(5)] and (Ch. The petition shall include the following: (1) A statement by the petitioner that the . 0000003721 00000 n
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Justia US Law US Codes and Statutes Indiana Code 2014 Indiana Code TITLE 12. ?~y|7a?>_y],vzyu|on5yl6iYwd3wC\\d37~37~37~37
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There are very specific criteria (per codified law) that are necessary for a person to be subject to involuntary commitment in South Dakota: Individual must have a severe mental illness. Motion for Cancellation or Modification of VTA. endstream
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Section 5122.05 | Involuntary admission. The doctors providing treatmentthen have three court days (not including weekends or holidays) to eitheraccept the request and discharge you, or deny your request and file anaffidavit of mental illness (see Step 2). UU*V)VURXXUJbbU*_W+*_?_W+*o
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See Step 7 below for more information on the different kinds ofoutpatient treatment. Anyone 18 or older can request voluntary admission. If an initial hearing is held, the court may decide to issue a temporary orderof detention that orders police to transfer you to a hospital or other facilityuntil a full hearing is held. If the hospital wants to keepyou against your will for longer than 3 court days, they have to move on to Step 2. A licensed behavioral health or medical professional on The Recovery Village Editorial Team has analyzed and confirmed every statistic, study and medical claim on this page. CODE ANN. The form may be printed and manually filled out or may be filled out electronically. 0000004151 00000 n
5122.12 (http://codes.ohio.gov/orc/5122.12). Involuntary Treatment For Alcohol and Other Drug Abuse Forms: Involuntary Treatment for Alcohol and Other Drug Abuse Packet: Court Personnel Only Forms: . HS]O0}_qd_TILXv]@O.K{=p>
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7p\y D2a\&bh1hq{.uNj`)9T@*pU&T!Bz $2ToWIGtfN.[4y7n1MDP0j=g*E^ X2SYJsOJ=I!J]D]KRihmOS-f&nR#wa{:f$f? Or, if youwant more time to prepare, you can waive (refuse) an initial hearing, and thenyou will be given a full hearing within 30 calendar days of when the affidavitwas filed or when you were first held in a facility (whichever occurs first). 25 0 obj
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373 S. High Street
Section 5122.111 | Affidavit of mental illness. Initial Hearing and/or Full Hearing. The probate court judge or magistrate must review the affidavit. Their decision may be basedon whether they think you are able to make an informed decision about yourtreatment. 0000052862 00000 n
application for involuntary custody for mental health examination [west virginia code: 27-5-2] do not use this form if the person to be examined is incarcerated in a jail, prison, or other correctional facility [use form inv 2 / form 901c] instructions to applicant: a. read thoroughly the important information to applicants attached. Mon Fri 8am 4:30pm
If you agree that you want to receive treatment from the hospital, you can signyourself in to the hospital as a voluntary patient. Currently, Vermont is the only state thatpermits this level of commitment. Involuntary commitment laws make it possible for families to help their loved ones who are unwilling to be treated. 2023 Ohio Disability Rights Law and Policy Center, Inc. Resources in Somali / Dukumentiyada Soomaliga ah, Resources in Spanish / Documentos en Espaol, Step 1. 0000003686 00000 n
hb```U@Abl,+%:Hp38z0?}JS6JU96%|4N]).(@['qD;M Website. << Mentally Ill Person Subject to Court Order - Basic definition: A person that (1)has a mental illness, and (2) needs court-ordered treatment because theirmental illness is causing a risk of harm to themselves or other people.Full Legal Definition: See the full legal definitions in Step 6 on pages 7-8. 262 0 obj
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See Indiana Code 3-11.5-2-1; Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Involuntary commitment is when someone is ordered by a County Board of Mental Illness to be given treatment at a psychiatric facility. Section 5122.10 | Emergency hospitalization. 373 S. High Street
[OR] Within the forty-eight months prior to the filing of an affidavit seekingcourt-ordered treatment of the person under section 5122.111 of the RevisedCode, the lack of compliance resulted in one or more acts of serious violentbehavior toward self or others or threats of, or attempts at, serious physicalharm to self or others, provided that the forty-eight-month period shall beextended by the length of any hospitalization or incarceration of the personthat occurred within the forty-eight-month period.. There is a newer version of the Indiana Code. If your hearing was before a referee or magistrate, and you disagree with thedecision, you have 14 days to file objections to it. A mentally ill person subject to court order is someone who needs court-orderedtreatment because their mental illness is causing a risk of harm to themselves or other people. mE"Cpxev=u1FGh}>-zXstO o
Release of Information from Civil Commitment: Download: Individual Mental Health Forms; 23.0 - Petition for Protective Services: Download: 23.1 . Then, the court decides if thelegal requirements were met and if there is probable cause (if it is probablytrue) that you need court-ordered treatment. - A physician, an eligible psychologist, or any health professional or mental health professional who is certified under G.S. They should do all of this in a way that does not draw a lot ofattention from other people. Previously, a judge could commit someone based a need for treatment, which resulted in many people being held for years or decades in institutions. 242 0 obj
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The Difference Between Pyromania and Arson. Section 5122.11 | Court ordered treatment of mentally ill person. The Hamilton County Developmental Disabilities Service Board (DDSB) will have two vacancies in January 2023. /Resources << Another hearing is held to determine a new order: R.C. For an involuntary civil commitment, the mentally ill person must first be found to be a danger to self or others or property. Civil Commitment - A legal process through which a probate court orders aperson to receive treatment for their mental illness. When a court orders you to be civillycommitted, you lose some freedomand privacy, so it is important foryou to know your rights. There is a high burden of proof needed to show someone needs involuntary treatment. A probatecourt does NOT decide criminal matters. Effective: September 17, 2014. What Happens After a Clinician Petitions for Commitment; 24-Hour Facility Check List; Law Enforcement Responsibilities; Psychiatric Advance Directives and Health Care Powers of Attorney; 2018 Legislation-S.L 2018-33 (S 630) 2019 Legislation-S.L. Almost all states have similar involuntary commitment standards to the Baker Act and Marchman Act. 0000003793 00000 n
Any affidavit for Outpatient Only Commitments must be accompanied by a doctor's statement verifying the allegation and facts contained in the affidavit. Probable Cause - Basic definition: Enough proof to show that something isprobably true.Full Legal Definition: A reasonable amount of suspicion, supported bycircumstances sufficiently strong to justify a prudent and cautious personsbelief that certain facts are probably true. Mental Health Center or Other Movant. Related Topic:Court ordered mental health treatment. A new pink slip is not required for this purpose. If someone is exceptionallysuicidalor homicidal, the need is clear, but if someone is using large amounts of alcohol or other drugs, there must be compelling evidence to justify hospitalization. This involuntary treatment period can last 60 days, though 90-day extensions are available if deemed necessary. This field is for validation purposes and should be left unchanged. Download the Application for Emergency Admission using the button on the right. View our newest version here. 2014 Indiana Code. Immunity (O.R.C. State-by-state standards for involuntary treatment and involuntary commitment on both inpatient and outpatient basis from Treatment Advocacy Center. (614) 525-3894
Often, people hope to encourage a positive change, but they feel helpless. AOC-1027 AOC-1027, Verification of Compliance with CARES Act, is no longer available. 5122.15(H) (codes.ohio.gov/orc/5122.15). From there, professionals will ask questions to determine the best course of action based on the law and the persons treatment needs. The court will schedule a hearing, mail copies of the affidavit, notice of thedate and time of the court hearing, and the temporary order of detention (ifany). A guardian can also admit a ward to ahospital as a voluntary patient. However, before you actually become a voluntary patient, the doctorsproviding your treatment have to ACCEPT your request. The facts on the affidavit must be sufficient to indicate probable cause under law. %PDF-1.4
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OR you need treatment to protect your rights or someone elses rights. Posted on May 21, 2020. This law allows for the individual to be involuntarily held for up to 72 hours and may be initiated by mental health professionals, doctors, law enforcement officials and judges. 'u s1 ^
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Ohio Department of Mental Health and Addiction Services | 30 East Broad Street, 36th Floor Columbus, Ohio 43215-3430 | 1-614-466-2596. 5122.02-03 (codes.ohio.gov/orc/5122.02). or unless the commitment is pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, . However, it is usually necessary to prove that a person has inflicted harm on themselves or others to have him/her involuntarily committed to rehab. The judge may decide to issue a temporary order of detention that orderspolice to take you into custody and transport you to a hospital or other facilityuntil your court hearing. See Ohio Revised Code 5122.11-15: See links below, Review of the Affidavit: R.C. Application for 96 Hour Detention (133 650-0148s) Application to Court for 96 Hour Detention (128 650-0178s) Verification (134-2 650-6013s) Application for 96 Hour . A similar law was passed in Kentucky eight years ago, the article notes. Of course, no one wishes for their loved one to need emergency psychiatric treatment, but it is comforting to know helpful options exist. Here are the most common outcomes of the hearing: A court can order you to inpatient or outpatient treatment for ANY ONE ofthese four reasons: Legal Language (B)(1): Represents a substantial risk of physical harmto self as manifested by evidence of threats of, or attempts at, suicide orserious self-inflicted bodily harm., Legal Language (B)(2): Represents a substantial risk of physical harm to othersas manifested by evidence of recent homicidal or other violent behavior, evidenceof recent threats that place another in reasonable fear of violent behavior andserious physical harm, or other evidence of present dangerousness.. Involuntary Hospitalization: A. *STATUTORY DEFINITIONS for Form No. Final Order for Commitment to Outpatient Treatment. endstream
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EMERGENCY INVOLUNTARY COMMITMENTS . An involuntary commitment is a way for a person to force another individual intoprofessional treatmentso they can receive the care and attention they need. 0000000016 00000 n
Section 5122.04 | Outpatient services for minors without knowledge or consent of parent or guardian. Marchman's laws are one of the most advanced state laws applied in dealing with non-voluntary addiction treatment. The Probate Court's Bailiff will serve the alleged mentally ill person (respondent) with a summons and notice of hearing. Freedom and privacy are importantto most people and are protectedby the U.S. and Ohio Constitutions. )SI{ 0BO|cEs}Oq""TV}c`u-hSwi8J", There is no available lessrestrictive form of intervention that is consistent with the welfare and safety of theindividual; and . These documents will be mailed to: Investigation: R.C. Share sensitive information only on official, secure websites. [emailprotected], 373 S. High Street23rd Floor
1. When a court orders outpatient treatment, the treatment team develops a . The Affidavit - R.C.5122.11 1. the Texas Health and Human Services (HHS) Ombudsman at 877-787-8999 if you are in a state hospital. endstream
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In this absence, psychiatrists are often called upon to issue an involuntary psychiatric hold (civil commitment) to keep the patient from leaving. Disability Rights Texas at 1-800-252-9108, then press 1 for English or 2 for Spanish. 0000015946 00000 n
/Filter /FlateDecode Under Ohio RevisedCode 5122.02, anyone 18 or older can request voluntary admission. Order to Apprehend Non-Appearing Patient 41 (Source: Cherokee County Probate Court Judge Kip McVay.) Appeals to an Ohio Court of Appeals can take monthsor over a year to get a decisionor even longer if you also appeal to the OhioSupreme Court. 0000009257 00000 n
These can include both inpatient and outpatient care. Conservator/Guardian; Notary. You have the right to have an attorney represent you. hospitalization is known as involuntary civil commitment. endstream
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The involuntary commitment process is set in motion by a serious mental disorder or troublesome mental health symptoms. There is a $1.00 convenience fee for credit card payments. 4 0 obj 0000041741 00000 n
You may or may not have received the emergency hospitalization in Step 1. 0000050682 00000 n
The doctors providing your treatmentthen have three court days (not including weekends or holidays) to eitheraccept your request and discharge you, or deny your request and file anaffidavit of mental illness asking a court to order more treatment (this is likegoing back to Step 2). Who We Are. There is a charge of $25.00, Cash or Credit Card ONLY (personal checks are not accepted), for filing the affidavit. Clear and convincing is a legal term that means it must be highly probablethat the evidence is true, enough to give the court a firm belief or conviction.. The process to place a person involuntarily into mental health treatment is found at 43A O.S. Hours / Location / Forms. Court Appoints You an Attorney: R.C. Involuntary Commitments. Danger to self includes the inability, without assistance, to satisfy need for nourishment, essential medical care or shelter. Medical Examination: R.C. Legal Language (B)(5)(a)(i): The person is unlikely to survive safely in thecommunity without supervision, based on a clinical determination.. 165 0 obj<>stream
If you dont want to receive court-ordered treatment, you and your attorney canargue against their evidence and try to convince the court that you dont need it. 0000002709 00000 n
It should not be used in place of the advice of your physician or other qualified healthcare providers. Within 5 court days of either the affidavit being filed or when you arrivedat the health care facility (whichever happens first), the court must hold a hearing. /ProcSet [/PDF /Text ] When the affidavit is heard by the Court, the case for commitment will be presented by an attorney for the Franklin County Alcohol, Drug and Mental Health (ADAMH) Board. 0000007774 00000 n
Your treatment plan must consider any directions you have madein an advanced directive, like a Declaration for Mental Health Treatment. Legal Language (B)(5)(a)(iii): The person, as a result of the persons mental illness, is unlikely to voluntarily participate in necessary treatment.. Mon Fri 8am 5pm
A Brief History of Psychiatric Holds It's no. HUMAN SERVICES. VOLUNTARY REQUEST FOR HOSPITALIZATION Sections 9.09, 9.13, 9.23 Mental Hygiene Law You may obtain admission to a hospital for treatment of mental illness, for yourself or for a person under 16 years of age, by completing and signing this form. Motion for Hospitalization Due to Noncompliance with VTA. 220 0 obj
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The Recovery Village aims to improve the quality of life for people struggling with substance use or mental health disorder with fact-based content about the nature of behavioral health conditions, treatment options and their related outcomes. |LWr|3
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an involuntary hold, an emergency commitment, a psychi-atric hold, a temporary detention order, or an emergency pe- . If, upon completionof the . Civil commitment is permitted for patients who . Together with maturity in psychiatric diagnosis and treatment capabilities, all these components form the basis of two involuntary commitment periods: the Institutionalization period (before 1960) and the De-institutionalization period (after 1960) (Testa & West, 2010). Ohio Revised Code / Title 51 Public Welfare / Chapter 5122 Hospitalization Of Mentally Ill . It is important to remember that the policies and procedures vary at the state or county level. The information we provide is not intended to be a substitute for professional medical advice, diagnosis or treatment. xb```f````c`. /Length 3225 Court employees are prohibited by statute from practicing law and cannot give legal advice. 0000002179 00000 n
After the hospital files a continued commitment application, a full court hearing will be held. IVC Form Fact Sheet (1/11/2021) Domestic Relations . 5122.111, (2) be based on reliable information or personalknowledge and (3) establish probable cause that the person needs court-orderedmental health treatment. %%EOF
Certain professionals can require you to receive a short emergencyhospitalization for a mental illness. All other individuals must involve a mental health delegate to complete the commitment. NOTE: The information contained in these bench cards is a compilation of statutes and court decisions in the State of Ohio and it is intended as a summary of the law to assist judges lawyers, and the general public. 0000008328 00000 n
Independent Expert Evaluation - An evaluation from a different mental healthexpert to see if s/he disagrees with other experts who are saying a personneeds court-ordered treatment. The National Institute on Drug Abuse reports mandated treatmentcan be effective. Without involuntary commitment, a person experiencing severe mental health symptoms could cause significant harm to self or others. Voluntary Patient/Voluntary Admission - A voluntary admission is when youdecide that you want to receive mental health treatment. You have a history of not complying with treatment. For example, in Pennsylvania, a doctor or police officermay initiate commitmentwithout prior authorization. 2-5 In at least two of these states, new involuntary commitment policies specifically apply to opioid use. 2019-240 (S 537) [Part IV: Involuntary Commitment pages 46-50] First Examination Form; 24-Hour . x^[_s68S1@i$Zvb$M_glo+aeUU5YgZg'Yp"BJ\yZI52b"|z_M? Complete every fillable area. Affidavit/Affidavit of Mental Illness - An affidavit in general is a written, swornstatement made to a court.An affidavit of mental illness is a sworn statement that provides someevidence to the court: (1) that a person has a mental illness, and (2) theirmental illness is causing problems that require court-ordered. The Mental Health Department is responsible for processing affidavits and motions to initiate the involuntary civil commitment procedure of this Court. See our Drug Offense guide. << For example, it could meanyou are required to have appointments with a mental health professional, take amedication, or receive other services that a treatment team decides can help yourmental illness. Know Our Programs. 0000005369 00000 n
5122.11 governs judicial involuntary hospitalization. HdN#GbusK\`feo[3 |n~n}?>o~;p^2y~}>v}tx2Zz>OOo||_oww)? D}J!Llp"87+6ZW
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Hm5QaLNgoHf3;P)fiq-:O$@!i?9t =6"" p46%8ca6@HL a$3AX*/` s+9y`rynxL!sp`#e &K0NcmFKR-Otm(UZZDouHVsT+x]E`Q{M"v.2|x8*s@IWzIXC@n$'*PJ7;P_^]Y>?wh5d5$FLU0zZdNQKDd%Ssxdf*3T`_Sqkwdzw Wc@2.{ncFsd>%Lx5VJTCFb"QJ^8VuPe,kPuh W^aIjzAL=r7 y(y3tK9M$(Fk]|Yh2C}NEkG Gmh:jfk>Vf~cW-A#Oe\_dH@)n]t 5122.14 (http://codes.ohio.gov/orc/5122.14). Civil Commitment is a legal process for a probate court to order a personinto treatment for their mental illness. 43 (Source: AInvoluntary Outpatient Commitment, How and Why@, adapted.) for specific guidance. endobj REFERENCE. Latest Legislation: . Note: Some outpatient treatment can take place at a hospital,but since you are not admitted to/staying at the hospital, it is still consideredoutpatient. See Step 7 for other examples of outpatient treatment. absentee ballot counter: refers to a person designated under IC 3-11. Message. These states are different from others because they do not allow involuntary commitment for addiction to substances like opioids, stimulants and hallucinogens and instead focus only on alcohol use disorders. A petitioner must file a petition for temporary commitment of an individual with the county clerk. Secondarily, the person must be unwilling to be admitted voluntarily. xVn\7. A."1Aha
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The court may also require a certificate signed by a doctor or a statementthat the person has refused to submit to a doctors exam. (614) 525-3108
For more information check out the following sites for the Alcohol, Drug and Mental Health Board of Franklin County (ADAMH), Franklin County Board of Developmental Disabilities (FCBDD) and the Netcare Corporation. Mental Health. Completing the Form Must be completely filled out Exception: "Statement of Observation" will not always be included . Under the"danger standard" articulated in the Supreme Court's 1975 decision >> 2 6Ef=U2"MUV\rqG6~g6Qd l
iN$. Erie County Pennsylvania. There is tremendous variability regarding involuntary commitment laws by state. >>
If someone is intoxicated or endangering themselves and others due to substance use, excluding alcohol use, concerned people could ask for involuntary substance abuse treatment. An involuntary commitment is a legal intervention where a judge orders a person to be confined in a psychiatric hospital. 5119.90-5119.98] The person who is filing the Petition, must set forth facts showing that someone is suffering from alcohol and other drug abuse and presents an imminent danger or imminent threat of danger to self, family, or others if not treated for substance abuse. Click the Sign button and create a signature. Inpatient Treatment - Treatment received while admitted to a hospital. The quickest way to find out if you were involuntarily committed would be through your medical records from the facility. 1 . (See Step 5 for your rights at the hearing. The purpose of involuntary commitment is two-fold: To protect a person with a mental illness from behaviors that could threaten their life or well-being. TO: The Chief Clinical Officer of: (Regional Psychiatric Hospital - RPH/Facility Name) (Date/Time) The undersigned has reason to believe that: (Name of Person to be Admitted) 1. Pink Slipping - An informal term for involuntary Emergency Hospitalization (seeStep 1). (512) 598-9212. endstream
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The proper name of the form is Application for Emergency Admission. Crisis support services of Alameda County offers support to all ages and backgrounds during times of crisis or difficulty. The Court through this Department appoints an attorney, an independent medical expert for the respondent, and maintains a strict hearing schedule with a record of the procedings. xbbbX`cg#x8'Aa`1t! If they do, another full hearing is held like in Steps 4 and 5 to determine if thecourt should make a new order for continued treatment. Clear and Convincing Evidence - Clear and convincing is a legal term thatmeans it is more highly probable that the evidence is true, enough to give thecourt a firm belief or conviction.Clear and convincing evidence is less evidence than proof beyond areasonable doubt in a criminal case. See Ohio Revised Code 5122.15(C)-(F) and 5122.01(V): codes.ohio.gov/orc/5122.15and codes.ohio.gov/orc/5122.01. ,ZRarD*~&3Fp5>|k/I,'.,8M)'(S5V0?z_y,^$^'jz*2|UO~haZ/8I[GOnQ37Pe0"n'y Birth Registration Instructions with Forms Packets; Registration of Ohio Birth: Download: Individual Birth Registration Forms . endstream
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Bench Cards & Toolkits. (614) 525-3108
5122.111, (2) be based on reliable information or personal knowledge and (3) establish . Ohio Department of Mental Health and Addiction Services Application for Emergency Admission . hbbd``b`f@`@ +H2@BHGjA!30 N
Find Local Health Districts. A 72-hour hold (also known as a 5150 or 5585) is a specific code that refers to involuntary mental health hospitalization. Some courts only schedule a full hearing, but the hearing happens in the first 5-10days. Civil commitment proceedings may be carried out if the state or federal government declares someone a danger to themselves or the general public. SOURCES California- 5150 (72-hour hold) Pennsylvania- 302 (5-day hold) Ohio, Indiana, Kentucky- Casey's Law The team has to tell the court 10 daysbefore the order runs out if they think you need another order for treatment. ), The county mental health board will present evidence about why they thinkyou need court-ordered treatment. Health Rules Laws & Forms. 0000052259 00000 n
During this hold, a specialized team evaluates patients for safety and reviews the appropriate steps for securing stabilization. TITLE 12. As mentioned in the Ohio's Involuntary Civil Commitment Process \cite . codes.ohio.gov/orc/5122, See Ohio Revised Code 5122.10: codes.ohio.gov/orc/5122.10. 0000005431 00000 n
Again, the court will review this and decidewhat to do next. 0000001196 00000 n
If youhave questions or experience rightsviolations, please call Disability Rights Ohio. Eric Patterson is a licensed professional counselor in the Pittsburgh area who is dedicated to helping children, adults, and families meet their treatment goals.
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