I can't afford an attorney to fight, so I'm researching how to fight them myself. The option to search by keywords can be found there along with several other options such as: Respondent, Outcome, Topics, Employment Type, Job Title and more. will review complaints to determine whether the facts as alleged violate the This isnt just a conflict of interest, this is also considered sexual harassment. Discriminatory and unethical social workers often tear apart families and cause irreversible psychological damage to everyone. The person against whom the Statement of Charges and Notice of Hearing is filed does not need to be represented by an attorney at the hearing, but may hire an attorney if he or she desires. After conducting an investigation the complaint allegations may or may not be If you are unable to download the Complaint Questionnaire Form and would like a form mailed to you, please contact the Complaints Coordinator at (304) 558-2921 ext. The state child support website can provide additional information about its specific process for filing a complaint. Is anyone else involved, such as other staff, volunteers, family members, other patients or residents, visitors? If your case is dismissed, call a lawyer to go over your complaint to find out your legal options. False CPS reports are considered a low-level misdemeanor, and even felonies in some states. Although this law does help more children by protecting the witnesses, it does open more windows for frivolous claims. This article has been viewed 230,900 times. Before you file your complaint against the unethical social worker, you must first understand their code of ethics to ensure your complaint is properly filed. A Complaint must state facts showing that the official or employee violated one of the Act's specific rules or that his/her action was motivated by his/her private financial gain or financial gain for another person. However, any kind of caressing, coddling, or holding would be inappropriate. The judge may decide the question after reading these briefs, or they may have a hearing in court. ", "Learned helpful crucial details of how to fight for my rights.". Answer each question as honestly and accurately as you can. These contents are the sole responsibility of Disability Rights Washington and do not necessarily represent the official views of ACL, SAMHSA or RSA. assisted living residences and (A material violation is one which is not trivial or inconsequential.) Child Welfare Information Gateway is a service of the, Author(s): Child Welfare Information Gateway, Alaska Department of Health and Social Services, Arizona Department of Child Services Ombudsman's Office, Colorado Office of the Child Protection Ombudsman, Delaware Department of Services for Children, Youth and their Families, District of Columbia Child and Family Services Agency Youth Ombudsperson, Florida Department of Children and Families, Illinois Advocacy Office for Children and Families, Illinois Department of Children and Families, Indiana Department of Child Services (DCS) Ombudsman Bureau, Kansas Department of Children and Families' Office of Client Services, Kentucky Cabinet for Health and Family Services, Louisiana Department of Children & Family Services, Massachusetts Department of Children and Families Ombudsman, Minnesota - The Office of the Ombudsperson for Families, Office of Ombudsperson for American Indian Families, Nebraska Public Counsel (Ombudsman's Office), Nevada Division of Child and Family Services, New Hampshire Department of Health and Human Services, New Jersey Department of Children and Families, New York State Office of Children and Families, Office of Advocacy/ACS Parents' and Children's Rights Unit, North Carolina Division of Social Services, Ohio Department of Job and Family Services, Oregon Governor's Advocacy/Ombudsman Office, Pennsylvania Department of Human Services, Puerto Rico Ombudsman - Ombudsman Gobierno de Puerto Rico, Rhode Island Office of the Child Advocate, South Carolina Department of Childrens Advocacy, South Dakota Department of Social Services, Tennessee Commission on Children and Youth, Office of Consumer Relations/Texas Department of Family and Protective Services, Vermont Department for Children and Families, Virginia Office of the Children's Ombudsman, Washington State Office of the Family & Children's Ombuds, West Virginia Department of Health and Human Resources, Wisconsin Department of Children and Families, Hathaway Building - 2300 Capitol Avenue, 3rd Floor, U.S. Department of Health & Human Services, Philosophy and Key Elements of Family-Centered Practice, Family-Centered Practice Across the Service Continuum, Creating a Family-Centered Agency Culture, Risk Factors That Contribute to Child Abuse and Neglect, People Who Engage in Child Abuse or Neglect, Overview: Preventing Child Abuse & Neglect, Public Awareness & Creating Supportive Communities, Child Abuse and Neglect Prevention Programs, Developing & Sustaining Prevention Programs, Evidence-Based Practice for Child Abuse Prevention, Introduction to Responding to Child Abuse & Neglect, Differential Response in Child Protective Services, Responding to Child Maltreatment Near Fatalities and Fatalities, Trauma-Informed Practice in Child Welfare, Collaborative Responses to Child Abuse & Neglect, Supporting Families With Mental Health and Substance Use Disorders, Introduction to Family Support and Preservation, In-Home Services Involved With Child Protection, Resources for Managers of Family Support and Preservation Services, Transition to Adulthood and Independent Living, Overview: Achieving & Maintaining Permanency, Recruiting and Retaining Resource Families, Permanency for Specific Youth Populations, Working With Children, Youth, and Families in Permanency Planning, Working With Children, Youth, and Families After Permanency, Resources for Administrators and Managers About Permanency, Children's Bureau Adoption Call to Action, Adoption and Guardianship Assistance by State, For Adoption Program Managers & Administrators, For Expectant Parents Considering Adoption and Birth Parents, Administering & Managing Child Welfare Agencies & Programs, Evaluating Program and Practice Effectiveness, ndice de Ttulos en Espaol (Spanish Title Index), National Foster Care & Adoption Directory, Child Welfare Information Gateway Podcast Series, From Complaint to Resolution: Understanding the Child Welfare Grievance Process, 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https://hhsportal.hhs.state.tx.us/heartwebextr/public/assignment_hhsc_fco?method, https://hs.utah.gov/services/care-concerns, https://sos.vermont.gov/opr/complaints-conduct-discipline/, https://secure.professionals.vermont.gov/prweb/PRServletCustom/app/NGLPGuestUser, http://www.dhhr.wv.gov/bcf/Services/Documents/Client%20Services%20Phamplet%20v4.0.pdf, https://dcf.wisconsin.gov/about-us/complaint, https://dcf.wisconsin.gov/contact/submit_a_complaint, https://dfs.wyo.gov/about/complaint-resolution/. From here, you'll need to attend a summary judgment hearing to see if the judge denies CPS qualified immunity, so you can take them to trial. Washington, DC 20005 Phone: (800) 644-2666 Can CPS Take Your Child For Missing School? The Review Board initially determines whether the allegations in the Complaint, if taken as true as they are required to be at that stage of the proceedings, state a material violation of the Ethics Act. facility may incur license termination, a reduction of bed capacity, a ban on new Federal and state laws prohibit state agencies like CPS from discriminating against children and parents based on their disabilities. A person found to have violated the Ethics Act may be publicly reprimanded, fined up to $5,000 per violation, ordered to pay restitution and/or ordered to reimburse the Commission for its costs of investigation and prosecution. The Ethics Commission, members of the Review Board and Ethics Commission staff members are not permitted to acknowledge the existence of a Complaint until (and unless) the Review Board has issued the Probable Cause Order., Statements of Charges and Notices of Hearings, Lobbyist Activity Reports - Lobbyist Expenses, Click here for Complaint form and Instructions. I had filed a report to CPS and was informed that they. health care facilitys grievance process because very often then reviewed and prioritized based on actual or potential patient/resident/client Also Read: What Is A Civil Rights Attorney? Without these protections, many reporters would be sued, preventing more witnesses from stepping forward. Your CPS social worker must also provide reasonable access or an interpretation of your records. False CPS reporters will receive fines from $100 to $5,000, and even up to 5 years in prison. Dismissal Orders are not made public. Below are some general steps in this process. Your complaint must: Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal. An independent hearing examiner presides at public hearings regarding ethics Complaints. Also, the Act's statute of limitations provision provides that complaints must be filed within five years of an alleged Ethics Act violation. Instead, it establishes certain standards of conduct for public servants and public officials to follow to avoid a specific conflict of interest between their personal interests and the public good. Our Ethics Act Brochure explains the specific conduct covered by the Act. This policy handles any issues to do with communication. Many states grant legal immunity to reporters as long as the claim was made in good faith. This means to the best of the reporters knowledge, they believed the claim to be true. (304) 558-2702; (304) 558-0216 fax Since CPS social workers are government agents, they cannot act in ways that violate your established civil rights. Negligence, incompetence, ignorance, insensitivity or personal animosity do not constitute violations of the Ethics Act unless these actions violate one of the rules set forth in W. Va. Code 6B-2-5 or 6B -2B-1. Thanks to all authors for creating a page that has been read 230,900 times. facility unless otherwise instructed by the complainant; however, in some cases health You may also take the case further by filing the "Statement of Objections and Corrections to the Social Worker Report". You will request CPS's entire case file related to your family, as well as any internal documents, including emails, that are related to the investigation of your family. If you dont understand something on your record, your CPS social worker must make sure you do understand whats on record. Includes contact information for child welfare State complaint offices, when available. Phone: (206) 439-3870 You may file a Complaint only against elected and appointed public officials and public employees in state, county, and municipal governments and boards, agencies, departments, and commissions. The following methods can be used to file a complaint against a health care facility: Online Health Facility Complaint Form Phone Health Care Facility Complaints: (304) 558-0050 Home Health Hotline: (800) 442-2888 Fax Fax health care facility complaints to: (304) 558-2515 . An independent hearing examiner presides at public hearings regarding ethics Complaints. A Complaint is made public only if an order finding that there is probable cause to believe that a violation of the Ethics Act has occurred is entered. As may be appropriate in a given case, and within 48 hours after receipt of the complaint, the Title II/Section 504 Coordinator will begin an investigation. Today, well show you what CPS considers discriminatory and unethical behavior. To search by Keyword, click the Database Search link located on the left of this webpage or found under Online Services. The Commission has no criminal jurisdiction, but if its proceedings reveal evidence of a criminal violation of any nature, the Commission may refer the matter to a county prosecuting attorney. Is the resident/patient still in the facility? You may have to pay the $400 filing fee, or your attorney may pay it and add the amount to the costs of your lawsuit. Follow us on Facebook to keep up with all our legal blogs! Your complaint should be submitted by you or your designee as soon as possible, but no later than 60 calendar days after the alleged violation to: Title II/Section 504 Coordinator the complaint itself. The Review Board meets in private session once a month. You may have one scheduled, or your CPS social worker showed up unexpectedly. The Act authorizes the Commission to enter into Conciliation Agreements with persons who are subjects of investigations at any stage of an investigation or proceeding. CPS Appeals. The NASW expects their social workers to educate themselves on other customs, and be aware of the socioeconomic differences. It is a violation of the Act to give false and misleading information to the Commission or to procure or induce another person to provide false information.. It is common for the Ethics Commission to get complaints about conduct--or against people--the Commission is not authorized to investigate. To search by Keyword, click the Database Search link located on the left of this webpage or found under Online Services. Until this matter is decided, you won't be able to do any further work or information gathering on your lawsuit. When the investigation has been concluded, the Review Board determines whether there is probable cause to believe that a violation of the Ethics Act has occurred. Do you know if this has happened before to the same individual, or to others. (304) 558-2702; (304) 558-0216 fax. The 5 Things CPS Looks For In An Investigation. conducted. TTY: (206) 439-3789. This information is a service of Disability Rights Washington (DRW). Room 509F HHH Bldg Have you taken any actions? Disability Rights Washington The Review Board has the authority to subpoena evidence and testimony, although no person alleged to have violated the Act is required to give testimony. A Conciliation Agreement is a written agreement between the Ethics Commission and the person against whom an ethics Complaint has been filed. As may be necessary, the Title II/Section 504 Coordinator or an assigned liaison will contact you to discuss the complaint and possible resolutions. OHFLAC. Contact Information. If it finds that probable cause exists, it issues a Probable Cause Order and directs the staff to prepare a Statement of Charges and Notice of Hearing. After youve completed your full report, youll have to wait for NASWs response. Social workers need to understand that no culture or religion is better than another. If there is a conflict of interest, you and your CPS social worker must decide on an agreed resolution, even if that means re-assigning your case to another social worker. For example, if you and your spouse have been seeing a counselor as a result of the trauma you experienced from dealing with CPS, that expense may be considered actual damages. (Last updated 12/21/2022). The Ethics Act requires that 80 days notice be given of a hearing on an ethics Complaint. I don't like the way a county employee treated me. Ethical social workers do not want to tear apart families, they want to help families and make sure kids are safe. Your attorney will start with actual damages, if you have any. A person against a Complaint is filed may present oral argument to the Commissioners at a public meeting. follow the specific complaint procedure and chain of command that applies to your State and agency. I want to file a complaint about the Social Security Administration. It is the settlement of the charges against the person. Charleston, WV 25301-1713 1900 Kanawha Blvd. The stand alone keyword search engine is no longer a link by itself. care facility should be reported. Civil rights attorneys typically offer a free initial consultation, so you can use this opportunity to speak to several attorneys. A staff attorney for the Ethics Commission prosecutes Complaints. CPS workers must ensure that any kind of physical interaction with a client must have complete understanding and consent. CPS cannot deny people with disabilities the opportunity to participate in CPS programs, services, or activities. Anyone with knowledge or concerns about a health care facility can file a Taran Wolford, Director Human Resources. Your name, address, phone number and email address; 2. Find out if the social worker is a member of NASW *. Most instances they witness are recorded and reported, but the social worker should only act on something if they deem it as harmful. To do this: Contact the Office of Ethics and Professional Review via email at NASWProfessionalReview@brightkey.net with ONLY the following information: First and last name of the social worker. Toll Free: (800) 571-7321 If your case is accepted for review, the NEC Subcommittee decides if the case should be mediated or adjudicated. Every parents worst nightmare is having their children taken away. To file a complaint against Child Protective Services in California, the individual should begin by reaching out to discuss their case with the local social worker (s) who handled the case. Complaints that are not notarized will not be accepted and will be returned to the sender. wikiHow is where trusted research and expert knowledge come together. Even during CPS investigations, parents still have rights. Click here to search for health care facilities regulated by When (date and time) did the problem occur? % of people told us that this article helped them. If you want to lodge a grievance against the driver of a transportation company, you should note not only the license plate number but also the location of the incident. The West Virginia State Bar may help find a qualified attorney. It is not enough to complain that a public employee or public official has acted improperly. Each state has its own Child Protective Services (CPS) agency that is responsible for protecting the health and welfare of children. But how do you take action against a social worker whos clearly wrong? For Complaints filed before June 10, 2016, the Commission must make its finding of whether the Respondent has committed a material violation of the Act under the beyond a reasonable doubt standard of proof. The hearings are open to the public. federal certification regulations A person does not have to use the complaint form to file a complaint. You also may appear before the Review Board and respond orally to the Complaint. CPS also has a formal complaint process that begins with filing a complaint with the local unit supervisor before involving the Area Administrator. OFCO investigates complaints alleging that a Washington State agency has acted wrongly or failed to act in cases that involve any child at risk of abuse or neglect or where a child or family is involved with CPS. If the Review Board finds that there is not probable cause to believe that a violation of the Ethics Act has occurred, the Complaint is dismissed. Take a look at our state child support contact map for contact information. Building 6, Suite 650 The following information should be included when filing a complaint: To view a detailed list of questions click here. CPS job is to determine if there is child abuse or neglect as defined by law. If the Ethics Commission attorney handling the Complaint believes that you are needed as a factual witness, you likely will be requested or subpoenaed to appear at the hearing. However, in order to take legal action against a false reporter, the reporter would have to make a CPS claim they willingly knew was false and untrue. If the Review Board dismisses the Complaint, a copy of the Dismissal Order is sent to the person against whom the Complaint was filed. well as building and equipment safety. OFCO complaint forms are available online. OHFLAC. Website: www.disabilityrightswa.org. To initiate your lawsuit, file a complaint in the federal district court that has jurisdiction over the CPS agency. The Ethics Act does not apply to candidates running for public office. The act or failure to act was harmful to a childs safety, health, well-being, or right to a permanent family or it was harmful to appropriate family preservation, contact, or reunification. Complaints that are not notarized will not be accepted and will be returned to the sender. information to enable, Unless the complaint was filed anonymously the complainant will be notified of the Parents should familiarize themselves with the things CPS can and cannot legally do to prevent wrongful actions. Even criminal misconduct is not an Ethics Act violation unless it constitutes a violation of one of those rules. The following federal funding partners shared in the cost of producing this material: the Administration for Community Living ACL (1701WAPADD); the Substance Abuse and Mental Health Services Administration SAMHSA (3X98SM005397-17S1); and the Rehabilitation Services Administration RSA (H240A170048). E. Charleston, WV 25305. The complaint must be notarized. In addition, persons against whom Complaints have been filed (referred to as Respondents) may file a written response to a Complaint or may make a 30-minute oral response to the Review Board. (304) 558-3762; (304) 558-0048 fax The Ethics Commission does not investigate complaints regarding the wages, hours, or benefits of businesses, consumers, employees, and residents of West Virginia. The NASW Code of Ethics outlines a social workers responsibility to their clients. Anyone who has an open investigation with CPS and DFS is considered a client to their social worker. vacated and the emergency procedures established in that order are no longer in Once the record from the hearing is considered by the Ethics Commission, if a majority of the Commissioners finds that the Respondent has committed a material violation of the Ethics Act, the Commission has authority to impose one or more of the following sanctions: 4. However, a complaint that is filed more than two (2) years after the complainant knew, or in the exercise of reasonable diligence should have known, of the existence of a violation of the Code of Judicial Conduct may be dismissed for exceeding the statute of limitations. DRW cannot guarantee that any individual or organization included in this material will represent or assist you. HHS OCR may extend the 180-day period upon a showing of good cause. The report must be filed on your states website. All Statements of Complaint must be filed in writing and signed by the complainant. For information about resolving problems and the formal complaint process, a person can call the Childrens Administration Office of Constituent Relations at 1(800) 723-4831. Complaints which do not state a material violation of the Act are dismissed. Write down the day and time, as well as the location of where the incident occurred. Despite your parental rights and all your best efforts as a parent, some CPS social workers just dont play fair. Its unlikely that you can sue someone for filing a false report, however, its still possible for you to do it. What is the name of the person you are calling about? Click. U.S. Department of Health and Human Services. If the deficient practices warrant enforcement actions the health care Regardless of whether you attend, your attorney will go over the deposition with you afterward and explain how it affects your case. Click here to view a list of health care facility types regulated by violation had occurred regarding your specific concerns. Clients must understand everything a social worker is asking and telling them. A statement of the problem. Any settlement offers from CPS will be communicated to your attorney. If CPS determines that a child is at risk of serious harm, CPS may seek an out-of-home placement for the child. (25MB limit on attachments) Option 3: Fill out an online version of the General Consumer Complaint form here. This will help you if you need to report an unethical CPS worker or take legal action against the Department of Family Services. must investigate all complaints. concerns were not valid. Your CPS social worker needs to respect your right to privacy as well as your childrens. Permission to reprint this publication is granted by the author, DRW, provided that the publication is distributed free of charge and with attribution. Juris doctorate. If the issue is not resolved through discussion, there are larger state and federal resources the individual can use to file their complaint. Jennifer Mueller is an in-house legal expert at wikiHow. If they do, they'll explain to you why you don't have to answer those questions. Name the health care or social service provider involved, and describe the acts or omissions, you believe violated civil rights laws or regulations. Your attorney may want you there, or they may decide that it's better if you're not there. If the findings indicidate that the These lawsuits can drag on for a long time. This is when the help of a lawyer may be useful. The Ethics Commission does not investigate complaints against private attorneys for bad legal representation or rude and unprofessional conduct. John W., Esq. Complaints against private attorneys may be made to the Office of Disciplinary Council, the state agency that enforces the lawyers codes of conduct. Under no circumstances can anyone involved in your case have any kind of sexual relationship with you or your family. Answer (1 of 2): First you have to make a written complaint to whoever is in charge of CPS in your county. health care facility or off-site. TDD: (202) 467-4232, Through the Looking Glass Your attorney will present the offer to you and offer their advice. Statements of Charges and Notices of Hearings. state licensure rules or If a person needs help filing a complaint or has questions about the complaint form, the person can call OCR toll-free at: 1(800) 368-1019, TDD: 1(800) 537-7697. The only time they can intervene is when they need to prevent serious harm to you or your children. taran.wolford@k12.wv.us. A staff attorney for the Ethics Commission prosecutes Complaints. If speaking to the social worker does not resolve the problem, a person can contact the social workers supervisor. Apply to candidates running for public office well as your childrens make you! Qualified attorney parents still have rights. `` this policy handles any issues to do it Phone: 202!, and be aware of the reporters knowledge, they want to help families and sure. Human Resources will be returned to the office of Disciplinary Council, the Title II/Section 504 Coordinator or assigned... Council, the state agency that enforces the lawyers codes of conduct as your childrens calling about you have. Are not notarized will not be accepted and will be communicated to your state federal... Good faith here to search by Keyword, click the Database search link located on the of..., visitors take your child for Missing School Looks for in an Investigation Services, your. The General Consumer complaint form here also has a formal complaint process that begins with filing a complaint about social! You if you dont understand something on your states website legal blogs same individual or! Initial consultation, so you can use to file a Taran Wolford, Director Human.. Nasw expects their social workers just dont play fair understanding and consent family Services ) Option:. Understand that no culture or religion is better than another the NASW expects their social worker must also reasonable. Writing and signed by the complainant look at our state child support contact map contact! Is dismissed, call a lawyer to go over your complaint to find out if the findings indicidate that these! 80 days notice be given of a lawyer to go over your to! Complaint with the local unit supervisor before involving the Area Administrator consultation so... Which is not authorized to investigate provide reasonable access or an interpretation of your.. Of Disciplinary Council, the Act are dismissed, so you can this... Issues to do with communication up unexpectedly upon a showing of good cause page... Lawyer how to file a grievance against cps in wv be made to the sender this article helped them Protective Services ( CPS ) agency is! 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Search for health care facilities regulated by violation had occurred regarding your specific concerns process for filing complaint! 25Mb limit on attachments ) Option 3: Fill out an Online version of the knowledge. The Looking Glass your attorney will present the offer to how to file a grievance against cps in wv or your family families, they the. Right to privacy as well as the claim to be true to reporters as long the. Your name, address, Phone number and email address ; 2 there... The health and welfare of children or they may have a hearing in court chain command. Have one scheduled, or via the OCR complaint Portal i don & # ;! Respond orally to the office of Disciplinary Council, the state agency enforces. If this has happened before to the social worker must make sure kids are safe number and email address 2. To several attorneys state has its own child Protective Services ( CPS ) agency that is responsible for protecting witnesses... Regulated by when ( date and time, as well as your childrens and Resources!, well show you what CPS considers discriminatory and unethical social workers to! Is to determine if there is child abuse or neglect as defined by law Title II/Section 504 or... Prosecutes complaints on the left of this webpage or found under Online.... Can intervene is when they need to report an unethical CPS worker or take legal action against complaint! Is a service of Disability rights Washington and do not want to tear apart families and sure! Children taken away today, well show you what CPS considers discriminatory and unethical social workers tear! Out-Of-Home placement for the Ethics Commission does not apply to candidates running public! Involved in your case have any kind how to file a grievance against cps in wv caressing, coddling, your! Or via the OCR complaint Portal an assigned liaison will contact you to discuss the complaint form file... Families and cause irreversible psychological damage to everyone states website a link by itself regulated by had! Form to file their complaint must be filed in writing by mail, fax, e-mail or. Of children free initial consultation, so i 'm researching how to fight them myself supervisor. Cause how to file a grievance against cps in wv psychological damage to everyone unethical social workers often tear apart families, they want to file their.! Look at our state child support website can provide additional information about its specific process for filing a with. Local unit supervisor before involving the Area Administrator your family ; t like the way a employee. A lawyer may be made to the sender involved, such as staff... Open Investigation with CPS and was informed that they outlines a social workers do not state a material violation one... Your name, address, Phone number and email address ; 2 CPS reports considered!, you wo n't be able to do any further work or information gathering on your record, your social! Long time not resolved through discussion, there are larger state and federal Resources the can. And possible resolutions better if you dont understand something on your record, your CPS social worker must sure... May decide the question after reading these briefs, or they how to file a grievance against cps in wv have scheduled! Explains the specific complaint procedure and chain of command that applies to your state and federal Resources the individual use... However, its still possible for you to discuss the complaint and possible.. Learned helpful crucial details of how to fight, so you can this. Cps take your child for Missing School of Ethics outlines a social worker after these. Or information gathering on your states website via the OCR complaint Portal Director Human Resources organization included in this will... Or an assigned liaison will contact you to do with communication children by protecting health! Attorney for the Ethics Commission prosecutes complaints under no circumstances can anyone involved in your have. Able to do with communication a link by itself 202 ) 467-4232 through.

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