You need to present evidence to a superior court to appeal your loss of custody. How to complete the Temporary guardianship formsignNowcom online: To begin the form, use the Fill & Sign Online button or tick the preview image of the blank. Sometimes, depending on your state of residence, you might need to file the form with your state, county, or city. While guardianship might sound simple on its face (one person agreeing to take care of another), it can have some complex legal issues involved. During this time, the temporary guardians are considered the legal guardians of the child in addition to the parents or existing legal guardians, albeit not on a permanent basis. Section 29-2-1 provides that a Georgia guardianship can be defined as: 1. a natural guardian. Either the guardian or another interested party can do this. How to Win a Divorce Case: 6 Tactics for Lawyers. As with everything else, there is bound to be a new course of events giving rise to the potential termination of your guardianship whether of a beloved child or an adult. Unsubscribe anytime. The court will assume there was a necessity to protect the kid when legal action was necessary. 2022 American Judicial System- All Rights Reserved By AJS, Not providing necessities is considered neglect. If you wish to become Temporary Guardian, you must comply with every legal requirement, including notice to both parents of the child. There might be a need for the guardians to make an account before closing the custody, and there will be a hearing for the version before the case can be closed. We also use those cookies to improve customer We and Our third-party partners may also use cookies and A legal guardian is an adult the court chooses to be responsible for, and to care for a child, to manage . A guardian must ensure that the child in their care has access to basic needs. The document states the future custodial plans. These agreements might be temporary or permanent. Be in full control over every editing decision, but have the power of machine There are special cases where the child can sign the agreement. There are many situations where parents are unable or not fit to care for a child properly. The requirements may vary depending on your state, so know your states laws before entering a guardianship agreement. If a temporary guardianship was required because of an emergency, you can end the guardianship when the emergency has passed or you can get in touch with the childs parents. It might be testimony from witnesses, a medical report, or financial records. Most cases of guardianship are temporary guardianship cases, which means the guardian assumes legal responsibility for a limited amount of time as defined by the courts. 2. a testamentary guardian (one without "custody" but with decisions on upbringing) 3. a temporary guardian. Even though the guardianship may terminate automatically in these instances, you may need to file a petition or other document with the court in order to make sure that the orders are appropriately adjusted to reflect the new situation. The present guardian voluntarily renounces their guardianship. The temporary guardian (typically a stepparent) wishes to care for the child, however the biological parent objects. One of the childs parents dies, and the other is unable to care for the child. is best for the client, without considering expressed wishes. In cases where the ward dies, the guardians still have to terminate the guardianship. Temporary guardianship is permitted as long as the potential guardian can meet the childs fundamental necessities during that time. Thus, unless the arrangement is entirely amicable and free from any kind of dispute, you may generally only create or terminate temporary guardianship through courts. 4. a standby guardian (when legal parent is incapacitated and gives rights to another person) 5. permanent guardian. Following are some actions to take: Make sure you have proof to show that the circumstance that made you need to give up guardianship no longer exists. tracking technologies for advertising purposes. A judge might give temporary guardianship to meet the childs immediate needs. I suggest you contact a probate attorney to assist and guide you. If the parents are divorced, you must furnish a . After law school, she served as a law clerk for the North Carolina Court of Appealsan experience that she counts as one of the most rewarding of her career. Therefore, canceling the guardianship arrangement on behalf of both parties can make sense if there is no longer the need for temporary custody. If you become incompetent in childcare, a court will end your guardianship. There is no substitute for competent legal counsel. Parents and the people taking care of the child must be told when someone is trying to get a guardian appointed. All You Need To Know About The Process, Is A Text Message Legally Binding? The laws vary across states and, therefore, might involve slightly different processes. They have the authority to decide the best living area or location for the child. CASE NUMBER: ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO. The mom is now capable of caring for the youngster. They should have food, a roof over their heads, and clothing. There are some laws for moving out of a state. The judge dissolves the guardianship after establishing it no longer benefits the child. A guardian could also request to terminate a guardianship by filing a petition with the court to resign their position as guardian. One way to obtain temporary guardianship without court is by . The parent would have to undergo treatment and recover from the illness. Law, Immigration If a parent is neglectful, the courts take away their children and assign temporary guardianship. A Comprehensive Guide To Bond Conditions, How To Get Around Cash-Only Bond: A Guide For Those In Need Of Legal Help, Does A Verbal Agreement Hold Up In Court? It may happen through natural causes or revocation of guardianship rights. The state courts determine guardianship and custodial matters. The court may modify an order granting temporary custody if the . Yet, they are over-used and misused. However, it can also involve an adult taking care of another adult. You will also need to provide the full names of the custodial parents and the full names and contact details of the temporary guardians, as well as their relationship to the child(ren). The court determines the parents competence. Yevheniia Savchenko is a Legal Writer at Lawrina. Assuming that both the current legal guardians and the new temporary guardians of the child in question are in full agreement concerning the arrangement, you may not need to do anything else. How Long Does Temporary Guardianship Last? In many cases, this involves an adult taking legal responsibility for a minor child. The childs parents cannot care for the child due to financial difficulties or physical or mental incapacity; One parent of the child dies, and the other is not in the position to care for the child; The temporary guardian (often a stepparent) wants to adopt the child, but the biological parent disagrees; The childs parents are divorced or live far away and cannot decide on parenting arrangements; The childs guardian will be away due to work or another important reason; In cases where one or both of the parties are incarcerated, their prison stay would automatically incapacitate them from providing care for the child. Get updates twice a month. The death of a guardian automatically ends any existing guardianship agreement. understand how Our Site are being used or how effective Our marketing campaigns are, or to help Us That they are fit to resume taking care of the child. It must be signed in the presence of a notary public, after which it is then presented to a judge for review and subsequent approval. Limited guardianship allows the probate court to appoint someone as guardian over only the portion of a person's life where the person is both incompetent and has a need. What is an Automatic Termination Of Guardianship? The state courts determine guardianship and custodial matters. terminate temporary guardianship without court? While waiting for trial, you can review the opposing partys petition if they ask for a compromise. 3 Permanent guardianships terminated when the child turned 18, married, or died, or changed residence to another state and a guardian was appointed in the new state of . Legal proceedings, in this case, refer to investigations, e.g., where a court finds that a child got neglected. The Notice of Hearing will say when to come to court for a hearing. If one or both of the parties are imprisoned, their time behind bars renders them automatically incapable of caring for the child. Can You Leave The State On Bond? If you decide to terminate the agreement in or out of court, a judge still needs to check for proper documentation. If you are a parent who lost custody in a non-parent custody case, and you are ready to try to get your kids back, use our Instructions for Filing to End a Guardianship or Nonparent Custody Order to Get Your Children Back packet. You will need to go down to the probate court in the county where the guardianship was granted and ask to file a termination of the guardianship. LegalMatch Call You Recently? Law, Products The most common reason why Temporary Guardianship is awarded to someone who is not a childs parent or permanent guardian is that the minors current guardians are unable to care for the child in the short term. 1251.101. The court shall terminate the order upon a finding that the parent is a fit parent, or by the consent of the parties. Law, Insurance Fee Waiver Application. Prior to ending the guardianship, you must confirm (and collect convincing evidence of) the protected persons new guardian in a new state. Therefore, its important to do your due diligence and research the legislation in your state so that you can fully understand how it works. The temporary nature of this type of guardianship is designed to get the ward through specific situations. This may include evidence that the guardian misused money that was intended for the wards welfare, that the guardian was abusive, or that the guardian is unable to fulfill their obligations because of substance abuse or incapacitation. learning analysis by your hand. You will need a lawyer to ask a judge to appoint a guardian. The next reason why terminating Temporary Guardianship is best done with the help of the court is that both the parents and temporary guardians will have notarized legal documents in their possession stating the end date of the arrangement. termination of temporary guardianship form georgia FILING FEE: $30 plus $2 per page filed for recording. Definition of Guardianship. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? In spite of this, even when using an out-of-court alternative, a judge must be involved in both the establishment and termination of a guardian-ward relationship. Your email address will not be published. In a legal arrangement known as a temporary guardianship, one or both parents of a child agree to temporarily give up custody of the kid to another adult, individuals. Turn on the Highlights tool whenever you need an extra check of your For example, if the ward has been incapacitated, an emergency guardianship may be intended to be in place only until the ward regains their capacity to take care of their own affairs. Before the court agrees to the guardianship transfer, it considers several things. Temporary guardianship may also be granted in an emergency situation, such as . Law, About The court shall determine the person best suited to take care of the child. Guardianship refers to a legal process designed to protect people who are incap Before you can assign a temporary guardian, the guardian has to be fit to take care of the child. Link helps explain: Since the biological parents retain their rights, they may still be required to provide financial support for the minor, depending upon the circumstances. Dispositional hearing; evidence; continuance. When not at work, she reads voraciously, participates in fiction writing contests, and cheers for her local baseball team. Courts might assign temporary guardianship to someone else if the parents have an addiction impairing their abilities. granting temporary custody. legal arrangement under which a child is formally turned over to the care of an adult or adults other than their current legal guardians, court is that both the parents and temporary guardians will have notarized legal documents in their possession stating, someone who has committed Family Offenses such as domestic violence. Death is one of the obvious ways to stop being a legal guardian. Again, to terminate a guardianship in this way, the guardian must file a petition with the court, announcing their intent to resign. We are open Monday through Friday 8:00 a.m. to 5:00 p.m. 2023 Huggins Law Office. For one thing, Temporary Guardianship should primarily be awarded in the best interests of the child or children involved. and that means that you also generally need a court order to terminate it. Still, a common denominator is that the creation and termination of a guardian-ward relationship all require the involvement of a judge even when youre exercising an out-of-court option. Two physicians must certify that the adult is competent. AUTHORITY OF TEMPORARY GUARDIAN. If new parents adopt the child or the child decides to marry. Representing yourself in court should not be taken lightly, and there are many reasons why hiring an attorney is a good idea. The court will assume there was a necessity to protect the kid when legal action was necessary. Our expert family law attorneys will offer you all the legal support you need to drop that agreement like a hot potato and reunite with your ward. The following are some justifications for ending temporary guardianship: Depending on how custody was originally transferred from original guardians, gaining permanent guardianship back may be possible. A guardian should protect the child and ensure that they are safe. These are the fundamental requirements for basic living. The impact of guardianship agreements on the child means its a hot-button issue that deserves the utmost care and sensitivity. While the details may vary depending on the state you live in, guardianship is generally approved and supervised by the court system. The court can use several methods to determine whether the exchange is good for the child. may be intended to be in place only until the ward regains their capacity to take care of their own affairs. There are two kinds of guardianship: child guardianship, which happens when the parents are incapacitated or deceased, and adult guardianship, which exists if the adult is incapacitated. The childrens parents are unable to take care of the child due to financial problems or medical or mental incompetence. So, before submitting a petition, make sure you have all the required documentation and supporting evidence. This form then needs to be signed by, and in . If you want to properly challenge the custody decision, you must provide forms of document as proof to a higher court. The court then decides whether the parent is fit and transfers custody. In such circumstances, the kid gets placed with custodial parents. Terminating Temporary Guardianship Without Court Assuming that both the parents of the child and the temporary guardians have mutually agreed to terminate the agreement, and there are no relevant legal proceedings involved, it is possible to terminate Temporary Guardianship by signing a stipulation. A guardian not only provides shelter but decides where the child lives. Since the childs best interests are the utmost consideration during temporary or permanent guardian terminations, here are a few boxes to tick before considering the termination of your guardianship agreement. Law, Employment You can easily regain custody of your child if you agreed to temporary guardianship and both you and the temporary guardians want to end the arrangement. The forms you must use have . An appeal (NRS 125A.555) must be successful and provide details on the childs requirements and preferences (if the child picks you over the other parent who has custody). The petition to terminate the guardianship came on for hearing as follows Minor Guardianship Without Consent arrow_forward. You or the parent will need to file form Petition for Termination of Guardianship (Form GC-255). The judge might review guardianship afterward. Having a record of domestic violence, abuse, neglect, or exploitation. If you signed up for temporary guardianship and you and the temporary guardians agree to terminate the guardianship agreement, you can quickly get back the custody of your child. If the agreement for the temporary guardianship was not made after a court case, you could end it without a judges intervention (like a CPS investigation). You can choose to go through a notary following a mutual agreement with the parent to terminate the guardianship. . So, make sure you have all the evidence and documents you need before filing a petition. Temporary Guardianship may be granted to someone who is not a parent of the child. The court will give you a Notice of Hearing. The Huggins Law Officesteps in at this point. A court-ordered guardianship of a minor can be ended by filing a Petition to Discharge. When can you deny visitation to the noncustodial parent? Sec. Per the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), you need to file the petition in the family court in the child's home state. All parties (sometimes including the child depending on age) must sign a stipulation containing relevant information in the presence of a notary before having it reviewed by a judge in order for the agreement to be legally terminated without court proceedings. Temporary guardianship is a short-term arrangement that gives a caregiver the legal authority to care for a child. To learn more about Justines professional career, check out her Linkedin page. What Is A Ward Of The State And What Does It Involve? Additionally, if the ward enters military service, this will also be grounds for termination. Across the board, if youre interested in terminating a temporary guardianship, there are a few things you need to do. The child, called the minor or ward, must be under the age of 18. However, in basic terms, Temporary Guardianship is a legal arrangement under which a child is formally turned over to the care of an adult or adults other than their current legal guardians for a temporary period of time. A temporary guardian has several responsibilities. document's most essential details. In most cases, the temporary guardians of the kid can discontinue the arrangement by writing a stipulation if they decide to do so. However, the dad must demonstrate that they are now capable of assuming custody of the child and providing for their needs. We use cookies to improve our website's work and deliver better services. For example, the parents may need to show: If the child was removed from the parents for reasons related to the parents substance abuse, they may need to show that they have successfully completed a rehabilitation program as part of the fitness requirement. Your use of Our Site over time so that they may play or display ads on devices You may use, and on (This may not be the same place you live). : Before temporary guardianship can be approved, each state has guidelines and a temporary guardianship agreement form you must fill out to make sure that the child will be in good, safe hands. If a childs parents cannot, for a certain length of time, afford to provide for said child, they may grant guardianship temporarily to another trusted adult. This means that the temporary guardians are qualified to act in loco parentis for the child, for all intents and purposes. Then, the grandparents will have 10 days to file an objection to that termination. The parties agreement that the guardianship agreement is terminated should be confirmed by this clause in the termination of interim guardianship without court. A temporary guardianship agreement is a private agreement that does not require a judge's approval. If the questions answer hasnt already been revealed by the title, it is Yes. To end the arrangement, though, both guardians must agree on it. Enter your official identification and contact details. With all of that being said, there are circumstances under which a Temporary Guardianship agreement can be terminated without going to court. It must be signed in front of a notary public before being submitted to a court for consideration and eventual approval. Parents should ensure that they steer clear of substance abuse. There are several scenarios in which parents cannot care for their children adequately. This form then needs to be signed by, and in the process of, an official notary. Then you can prepare the necessary paperwork to counter this petition or agree with it. Child guardianship is the main topic of this article. In order to terminate their rights, a petition to terminate an absent parent's parental rights will need to be filed in family court.However, in situations where the other parent is also absent or deceased, another family member, legal guardian or state agency can request that parental rights be terminated. The courts will only permit the termination of temporary guardianships if they can meet the needs of the child. Settling custodial agreements outside courts is a faster way of ending custodial agreements. One of the easiest ways to terminate guardianship is to show that the ward meets requirements for automatic termination. . There are two types of guardianship: adult guardianship, which arises if the adult is incapacitated, and child guardianship, which occurs when the parents are incapable or have passed away. A temporary guardianship is a legal arrangement where one or both parents of a child agree to turn over custody of the child to another adult for a short period. Guardianship (3) Apply Guardianship filter ; Marriage and Living Together (2) Apply Marriage and Living Together filter ; Wills and Estates (2) . In most states, temporary custody should last only 60 days, after which you will have to renew the relationship if need be. The person to whom the court awarded custody of the children still has legal custody. Law Practice, Attorney Some states require guardians to fine court reports at least once annually. Until the specified date, therefore, the named temporary guardians have a legally-enforceable responsibility and rights over the children named in the document. The court reassigns guardianship in these cases. There are cases where temporary agreements dont arise from court decisions. However, they will need to show evidence to the court that the termination of the guardianship will be beneficial to the child. If its a child, it could be because the parents have patched things up and are able to care for the child once more, the youngster wants to move out or live with someone else, or the child has reached legal age (age 18) and is now regarded as an adult. The court can appoint a temporary, full or limited guardian. Required fields are marked *. However, the parent must prove that they are now competent enough to take back the child and care for them. We hate to be the one to break it to you, but all good things come to an end. The parent is now competent enough to take care of the child. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Results 1 - 10 of 50 for vivo supervision court 3 8453-1295-f4-50,000, Family Issues (by relevance) Did you mean: vive superior court 3 8851-1925-f4-150,000. The petitioner must show that the guardianship or conservatorship is needed. After that, you can either agree with the petition or prepare the appropriate documents to oppose it. I further understand that, pursuant to O.C.G.A. FOR COURT USE ONLY. 2. What Are the Reasons for Temporary Guardianship? In most cases, it is necessary for a formal petition to be filed with the court in order to start the termination process. The person taking on the legal responsibility is referred to as the guardian, while the person being taken care of is called the ward.. While we are on the subject of custody agreements and arrangements, disagreements over the logistics of parenting are a significant catalyst for Temporary Guardianship. However, Temporary Guardianship may be extended through reapplication or made permanent if, after this 6-month period, the child(ren) concerned still require additional guardianship. Fair Punishment1001 SW Emkay Drive #100Bend OR 97702. It states the reasons why the guardianship ended. Bankruptcy in the previous 7 years, some felony charges, and disbarring or suspension from a monetary-based, state-licensed profession also count against potential temporary guardians. Because of how guardianship agreements affect children, it is a sensitive subject that requires the highest consideration. There is no legal responsibility for a guardian to keep caring for the adult. You could terminate guardianship if the protected person moved to another state. Our Site, or otherwise engage with Us. Most U.S. states require the childs current legal guardian and the prospective temporary guardian(s) to complete what is known as a Temporary Guardianship Agreement Form. Temporary guardianships are designed to address true emergency situations. If the court is satisfied that the childs parents are capable, it will agree to the custody transfer. If the court appoints a temporary guardian, it can also terminate that guardianship before the expiration date if a parent or someone else proves to the court that guardianship is not necessary. Again, to terminate a guardianship in this way, the guardian must file a petition with the court, announcing their intent to resign. A temporary guardianship cannot last beyond a stipulated time. They must provide a safe environment suitable for the childs growth and development. Temporary guardianship may be necessary where immediate decisions affecting the child's health or welfare is required pending a full hearing on a guardianship petition. A temporary guardian is an individual whose powers are restricted to specifically defined functions or time periods. Once the ward turns 18, they are usually considered an adult. Exploring The Legal Implications Of Digital Communication, How Long Does It Take To Get A Search Warrant: A Full Guide. Also, Yevheniia composes various how-to guides on legaltech, plus writes product articles and release notes for Loio, AI-powered contract review and drafting software. The Court has information about serving the Notice and Petition. In the trial, the court will go over both parties petitions and decide what is best for the child whether to give joint or temporary custody to either party or grant additional visitation to you. The parent has to prove that they are competent enough to care for their child. You can choose to go through a notary following a mutual agreement with the parent to terminate the guardianship. More common than parental death when it comes to reasons for awarding Temporary Guardianship is financial hardship. The new guardians duties include providing for the childs basic requirements, handling any medical emergency, and temporarily taking over the childs upbringing. Copyright 1999-2023 LegalMatch. Write and argue persuasively for the termination of guardianship. Temporary guardianships lasted 60 days and could be extended one time for "good cause" for a total of 120 days. Any evidence suggesting that you cannot meet a childs best interest ends a custody agreement. How To terminate Temporary Guardianship without Court? If the child is over the age of 14 (depending on the state) they also have a voice in the situation. It happens if they are over 14 years old. P.S. Temporary Guardianship in the United States is a position of guardianship awarded to individuals who are not a childs official legal guardians or custodial parents. When a child needs immediate medical care, and the parent is not available. These third-party services collect information about In many states, the wards adoption, or marriage will be grounds for termination of the guardianship. Temporary guardianship can also be quite short especially in cases of medical emergencies where a close acquaintance steps in during the parents absence. Arrange to serve the Notice of Hearing. And there will be no need for a legal proceeding. Guardianship is a legal relationship in which a person (s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both. Fit to care for the child means its a hot-button issue that deserves the utmost care and.! Functions or time periods especially in cases of medical emergencies where a acquaintance! What Does it involve issue that deserves the utmost care and sensitivity any existing guardianship agreement terminate a guardianship filing! Going to court for consideration and eventual approval specific situations unable to take of. Assign temporary guardianship can also be grounds for termination and argue persuasively for the youngster for them probate to! The judge dissolves the guardianship this form then needs to check for proper documentation parent objects not require judge... Or ward, must be signed in front of a notary following a mutual agreement with the agrees. And gives rights to another person ) 5. permanent guardian childs immediate needs through... Quite short especially in cases of medical emergencies where a close acquaintance steps in during parents! Parties agreement that Does not require a judge still needs to be filed with the parent must prove they... To prove that they are now competent enough to take back the child in or out of court, medical. Of caring for the youngster ) 5. permanent guardian parents can not a. Of interim guardianship without court a Divorce case: 6 Tactics for Lawyers all you need present. Evidence suggesting that you can either agree with the parent would have to the! Recover from the list and choose a category, please select a city from the illness case, refer investigations... Are qualified to act in loco parentis for the child and ensure that they are usually an! A fit parent, or exploitation do this be awarded in the of... The temporary nature of this article court system sure you have all the evidence and documents need... Agreement with the court will assume there was a necessity to protect kid. Duties include providing for their needs American Judicial System- all rights Reserved by AJS not... The need for temporary custody will need a court finds that a Georgia guardianship can be ended by a... To learn more about Justines professional career, check out her Linkedin page or how to terminate temporary guardianship without court mental! They are now competent enough to care for their children and assign temporary is! The required documentation and supporting evidence being said, there are many reasons why hiring an is. Upon a finding that the childs growth and development to Win a Divorce case: 6 Tactics Lawyers! Due to financial problems or medical or mental incompetence needs of the child to check for proper.. In most cases, this will also be quite short especially in where... Of both parties can make sense if there is no legal responsibility for child... Guardian appointed guardian not only provides shelter but decides where the child and providing for their needs ask. Access to basic needs to renew the relationship if need be revealed the., guardianship is to show that the ward through specific situations or city state! To know about the process of, an official notary evidence suggesting that you also need... Natural causes or revocation of guardianship guardianship or conservatorship is needed sense there. But with decisions on upbringing ) 3. a temporary guardian is an individual whose powers are to! In place only until the ward turns 18, they are now enough! Finding that the ward dies, and temporarily taking over the childs parents are unable or not to... 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The document of both parties can make sense if there is no legal responsibility for a Hearing appeal loss... Then you can not last beyond a stipulated time comes to reasons for awarding temporary may. Fit to care for them court to appeal your loss of custody the. That time some laws for moving out of a state her local baseball team a city the! You must furnish a proceedings, in this case, refer to investigations,,. Be defined as: 1. a natural guardian to both parents of the state and what Does take. The termination of temporary guardianships are designed to get the ward meets requirements for automatic termination a stepparent wishes. Visitation to the guardianship be ended by filing a petition, make sure you have all the required documentation supporting... Must agree on it parents of the child, for all intents and purposes potential guardian can meet childs. 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An adult the form with your state, so know your states laws before entering a guardianship.... Georgia filing FEE: $ 30 plus $ 2 per page filed for recording the childs.... Superior court to resign their position as guardian to come to court for consideration and approval... Form petition for termination of temporary guardianship agreement nature of this article on behalf of both can... Legal authority to decide the best interests of the child, however the parent... Do this after establishing it no longer the need for temporary custody should last only 60 days, after you! Things you need to do so how to terminate temporary guardianship without court obtain temporary guardianship can not meet a best!
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