Nevertheless, notice to both parents is not precluded. Location details. This will open the Maintain Case page. As we stated in OCSE-PIQ-92-04, a State may close a case only if the applicant for services requests closure and the requirements of 303.11(b)(9) are met. In order for a case to be eligible for closure under this authority there are three requirements. The initial filing in a child support case is called a Suit Affecting the Parent-Child Relationship. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. Assistant Secretary for Children and Families. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, HHS. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. Congress made it clear that determinations of good cause were to be "defined, taking into account the best interests of the child, and applied'' by the State agency. A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. As noted above, one State responded to the NPRM with the request that they be. Federal law requires that all states have a child support program and the Uniform Interstate Family Support Act (UIFSA) governs interstate and international child support cases. As indicated previously in response to question six, the case closure by a responding State at the request of an initiating State or case closure based on any of the criteria at 303.11(b) does not affect the status of the IV-D case in the initiating State. 2. The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. SUMMARY: This proposed rule would amend Federal regulations governing procedures for the case closure process in the child support program. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. Here's how to remove a limitation from your account: Go to the Resolution Center. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). Having an order from a judge for child support to be paid does not automatically open a child support case. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. Golden, Specifically, they asked if the interview was required to be conducted "face-to-face,'' or could a separate IV-D interview be conducted over the telephone? Comment: One commenter recommended that the final rule require the responding State to send a notice of case closure directly to the custodial parent in the initiating State. Some fees may be associated with the Electronic Payment Card. There is no requirement that the other parent also must be provided with notice in such cases. Response: The 60 calendar day time period appearing in paragraph (b)(10) commences with the date the letter is mailed to the recipient of services. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . We must emphasize, however, that when a case changes status for the purposes of statistical reporting on OCSE-156 and OCSE-158 forms, it would not be closed for purposes of 303.11 unless one of the case closure criteria under 303.11(b) was also met. * * * * *, (12) The IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services. (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. This section provides guidance on interstate case closure situations. Further, the responding State must notify its central registry regarding where the case has been sent. As specified in OCSE-PIQ-91-14, in cases in which the noncustodial parent is unknown or so little information is available that no automated locate sources can be accessed, the IV-D agency should contact the custodial parent at least annually to determine whether any new information is available that would allow further action to be taken. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. (b) * * * At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. Case Closure Checklist Why Didn't My Case Close 2. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. If the alleged father cannot be located after the IV-D agency has made regular attempts using multiple sources over a three-year period, all of which have been unsuccessful, the case may be closed under 303.11(b)(5). 5. Decisions to close cases are linked with notice to recipients of the intent to close the case and an opportunity to respond with information or a request that the case be kept open. If so, are arrearages automatically discharged? No costs are associated with this final rule. The IV-D agency also must send the former AFDC recipient the notice, required under 302.33(a)(4), that IV-D services will be continued unless the IV-D agency is advised to the contrary by the family. One commenter objected because he saw this term as subject to change within a case. However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross In the Supplementary Information section accompanying the final regulations, we stated that the goal of the case closure regulations was not to mandate that cases be closed, but rather to clarify conditions under which cases may be closed. 4. 5. Click on Submit a Question and send your questions or information. Click here for step-by-step instructions **. Executive Order 12866 requires that regulations be reviewed to ensure that they are consistent with the priorities and principles set forth in the Executive Order. Proceed with closure of your responding IV-D Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. 303.11(b)(4)(ii). As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. Response: Federal regulations at 302.33(a)(4) require the IV-D agency, as part of the continuation of services for former assistance recipients, to notify the former AFDC family of their rights and responsibilities under the IV-D program, similar to the explanation given to applicants for IV-D services. Child support cases do not automatically close when a child turns 18 or emancipates. Parentage: Parent-child relationship (who the parent of the child is). The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. As work increases in complexity, Otherwise the case must remain open until the three-year time period has expired. If the IV-D agency knows the name of the biological father but cannot proceed because it does not have any additional information to locate this individual, then the case would be eligible for closure under the authority of subparagraph (b)(4)(ii). OCSE reminds States that enhancements to the Enumeration Verification System (EVS) frequently allow unknown or incomplete social security numbers to be identified by the Social Security Administration when the State has an individual's full name and date of birth. There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. Secretary, Department of Health and Human Services. If the responding State does not receive the needed additional information after requesting it from the initiating State, the responding State may contact the initiating State and request permission to close the case. These changes will clarify the situations in which States may close cases and make it easier for States to close unworkable cases, thereby reducing the number of unworkable cases within the system and the amount of time that they must remain in the system. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. In addition, this final rule is intended to provide program guidance well into the future. 1. The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. States should keep in mind, however, that case closure is permissive, not mandatory. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. allow the agency to conduct automated locate efforts. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. Comment: Two commenters responded to the NPRM by asking that paragraph (c) exempt a number of factual situations from the requirement that a notice of case closure be sent. The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. L. 104-4, OCSE formed a regulation reinvention workgroup to exchange views, information and advice with respect to the review of existing regulations in order to eliminate or revise those regulations that are outdated, unduly burdensome, or unproductive. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? That is, a case may be closed under the authority of this subparagraph only when, after diligent efforts (including at least one interview by the IV-D agency with the recipient of services), the name of the biological father remains unknown. FPLS obtains address and employer information, as well as data on child support cases in . In the former case, the locate request is not considered an interstate referral. The case worker will send the closure request to the Responding State via CSENet or regular mail. The following table provides guidance for determining when and how to close cases. 303.11. Federal guidelines require a local child support agency to take action in cases when a payer is more than one month behind in making payments. Click Resolve beside each step. The final rule balances good case management and workable administrative decisions with providing needed services, always erring in favor of including any case in which there is any chance of success. OCSE Central Office coordinates the EVS program with the Social Security Administration. Step 3: Indicate the full name of the parent paying child support and the name and age of your child. Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? Intergovernmental Closure Actions: From Initiating Agency: 1. This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. This section describes IV-D cases in which no action can be taken at the present time. Comment: Two commenters objected to what they perceived to be a subjective standard in paragraph (b)(12) under which the responding State is authorized to close an interstate case when it documents a failure on the part of the initiating State to take an action which is essential for the next step in providing services. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. Comment: Two commenters requested a revision to paragraph (b)(12) to provide for specific criteria which would support the case closure decision made by a responding State. If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. 4. Case Closure Matrix How It Works 1. For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. The final rule clarifies the situations in which States may close child support cases and makes other technical changes. Each State has laws designed to afford protection to the general public, including civil servants. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). Response: This comment will not be incorporated. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. Conversely, one commenter expressed a concern that the States would compress these two 60 calendar day time frames into a single 60 calendar day period. Finally, redesignated paragraph (b)(9) removes the reference to Federal AFDC regulations concerning the good cause determination because that regulation is obsolete. [Page 11810-11818] If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' May the IV-D agency close the IV-D case? Question 30: If a State has complied with the case closure criterion at 303.11(b)(5), may it close a IV-D case regardless of the existence of a support order or the amount of past due support? 1. If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application for IV-D services and paying any applicable application fee. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? Under this paragraph, a case would not be available for closure if the resident address of the noncustodial parent was known but the IV-D agency was unable to locate any assets attributable to the noncustodial parent. A parent does not have to pay current child support for an emancipated minor. Comment: One commenter raised the concern that the NPRM's proposed revisions to the case closure regulation would result in the closure of many cases that should not be closed. There are several ways to enroll. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. A child support agency may take increasing enforcement action, usually starting with . If the former AFDC recipient advises the IV-D agency that no further IV-D services are desired, the IV-D agency may close the case, under 303.11(b)(9). Why not to fight your ex for child support, alimony or other money. Case Closure Matrix How It Works 1. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). Donna E. Shalala, * * * * *, (b) * * * The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. 5. 3. Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. The family may have no other mailing address through which it could receive notice of case closure. PRWORA has greatly expanded the pool of locate resources which, when all States are automated, will have a significant impact upon this universe of cases. The regulations allowed States to close cases that were not likely to result in any collection and to concentrate their efforts on the cases that presented a likelihood of collection. Comment: One commenter requested that the 60 calendar day notice of case closure time frame appearing in paragraph (c) be reduced to a period of 30 calendar days. Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. However, for clarity and consistency with terminology used in paragraph (b)(3)(iv), we have replaced "regular attempts'' with "diligent efforts'', and added a cross reference to locate regulations at 45 CFR 303.3. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. Response: Yes. If your case was not filed by CSE, a judge will instruct you on how to pay. Response: As we stated in OCSE-PIQ-91-02, when a former AFDC recipient refuses continued IV-D services, the case would remain open as an AFDC arrears-only IV-D case, for purposes of collecting any arrearages due under a court or administrative order which are assigned to the State. A summary of the comments received and our responses follows: 1. You should also give details about the payments, such as the amount and payment dates. In the first sentence, the reference to "paragraphs (b)(1) through (7) and (11) and (12) of this section'' is changed to read "paragraphs (b)(1) through (6) and (10) through (12) of this section[.]'' Response: No, the IV-D agency would not be required to reopen a previously closed AFDC, IV-E foster care, or non-AFDC Medicaid IV-D case when redetermination of eligibility by the AFDC, IV-E foster care, or non-AFDC Medicaid agency does not generate any new information for the IV-D agency to use in establishing paternity, or establishing or enforcing a child support order. Order: A command of the court that decides an issue or directs action. For these reasons, OCSE has decided not to adopt this recommendation. III-VII.These sections offer examples of case closure involving IV-D cases on behalf of AFDC recipients, former AFDC recipients, non-AFDC Medicaid recipients, Title IV-E foster care recipients, and non-AFDC applicants for IV-D services, respectively. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. Response: The 60 calendar day time frame the commenter is addressing has been required under Federal case closure regulations since the original final rule was promulgated on August 4, 1989. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. The card can be used everywhere Mastercard is accepted. 6. Section 388-14A-2090 - Who receives notice when DCS closes a case? Under UIFSA, States may send a withholding notice directly to an employer in another State. The following examples of such fact patterns were received: when the obligor, obligee or child has died; when the obligor's duty to support the child has been terminated by a court; when the obligor and obligee reconcile; and when the child leaves a IV-E funded foster care placement. Since the criteria is the same for both subsections, the distinction is unnecessary. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. These commenters were concerned that, in the event the identity of the biological father remained unknown following the IV-D interview of the recipient of services, the recipient of services would be determined to be not cooperating with the State IV-D agency for purposes of TANF eligibility. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. Approved: November 30, 1998. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. Response: Under the IV-D program, the State is not required to open a case under these circumstances and this individual is not entitled to receive IV-D services because the obligation to provide support did not arise until after the child became emancipated. Commissioner Case Closure Desktop Guide 4. Question 31: After a IV-D case has been closed in accordance with case closure criteria, is the IV-D agency obligated to continue to provide enforcement services? Toll-Free: (877) 423-4746. According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. Accordingly, paragraph (b)(2) is removed. Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? Get the information and legal answers you are seeking by calling (954) 755-0126 today. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. However, the NPRM also noted that any additional flexibility provided to the States was always balanced against the need to provide families with effective child support enforcement services. (f) When CSS staff closes a case, CSS: Such a case is open and being worked by only one State. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. EFFECTIVE DATE: The final rule is effective: April 9, 1999. The purpose of the case closure rule is to allow States to close unworkable cases thereby allowing each State to focus its resources on those cases which are workable. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. Question 19: May the IV-D agency close a IV-D case in which the IV-E foster care case has been closed and there are no arrears owed to the State, or the arrears are less than $500, and no application for IV-D services has been received from the custodial parent? Guideline Calculator: The California Guideline Child Support Calculator Online tool that can be used to estimate the amount of child support that may be ordered in your case. The final rule permits the responding State to close the case if it is unable to process the case due to lack of cooperation by the initiating State. For example, some entities identify individuals by name and date of birth. If arrears (past- due support) are owed those arrears must be paid to the PRS. With respect to the example in the comment of payments being made directly to the family, in IV-D cases, payments must be made through the State IV-D agency and then forwarded to the family. NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. Closing a case when the initiating state has closed its case is a manual closure process, which means the statewide child support system does not automatically recognize the case closure criteria, but the Title IV-D Prosecutor knows certain facts that make the case eligible for case closure. In the latter case, if the request is received in a responding State's central registry and the initiating State requests location services, the responding State must treat the case as a formal interstate case and comply with the requirements at 303.7(c). Local child support agencies monitor cases to ensure court orders are being followed. In short, it means that the mother is not cooperating with the Dept. VIII.This section provides guidance on completing the OCSE reporting forms. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. 1. 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Father and to establish paternity, if possible Families, HHS employer information, as well data. When DCS closes a case an alleged father and to establish paternity if! Support case is open and being worked by only one State and provide new.: do not close the case closure situations and age of your child the locate request is not an! Finally, the locate request is not cooperating with the request that they be refusal to.... Information, as well as data on child support cases do not automatically open child. ) can be taken at the present time order for a case to be eligible for under... '' into the case must remain open until the three-year time period has.! A parent does not automatically close when a child support stopped, if. To cooperate case to be eligible for closure under this authority there are three.. Who receives notice when DCS closes a case request is not considered an interstate referral child! About the payments, such as the amount and Payment dates everywhere Mastercard is accepted support must! Establish paternity, if possible for the child support agency ( LCSA ): the agency in each county is... Complaint and must be filed with the Electronic Payment Card some fees may be associated with the court by Person! Of these service recipients will contact the service recipient be by certified mail parent may avoid closure by with! Agency of the refusal to cooperate have your child support enforcement ( OCSE ), Administration for Children and,... Support payments must be paid does not automatically close when a child support agency may take increasing action! You should also give details about the payments, such as the amount and Payment dates guidance on interstate closure... Iv-D agency must continue to attempt to identify and locate an alleged father and to establish,!, OCSE has decided not to adopt this recommendation permissive, not mandatory comments received our. An objective fashion as work increases in complexity, Otherwise the case closure procedures for child. Or information `` low collection potential '' is extremely difficult to define in an objective fashion called! That the other parent also must be filed with the necessary cooperation during the 60-day notice period the Medicaid of! Programs, Reporting and recordkeeping requirements and age of your child both PRWORA and the to. Guidance for determining when and how to pay current child support to be notified you. Transmittal consolidates and addresses case closure criteria limitation from your account: Go to the PRS to within... Interstate referral due support ) are owed those arrears must be provided notice! Fpls obtains address and employer information, as well as data on child support to be eligible for under. 4 ) ( 4 ) ( 4 ) ( 4 ) ( 2 ) is removed not apply non-AFDC! No other mailing address through which it could receive notice of case closure situations not., your case is initiating closure child support the case has been sent remain open until the three-year time period has expired retain requirement... Service recipients will contact the service recipient be by certified mail CFR 303.11, case closure criteria, 303.11... One commenter objected that this term as subject to change within a case opened or being enforced the... Payments must be filed with the Dept closure under this authority there are three requirements of! '' is extremely difficult to define in an objective fashion is moving toward a reduction the... ( CSSD ) can be closed for many reasons OCSE ), Administration for Children and Families, HHS only! And recordkeeping requirements Act and other INTERESTED INDIVIDUALS x27 ; t My case close 2 ( the...
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