Accused of Child Neglect :-(

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PattyMPhillips
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Accused of Child Neglect :-(

Postby PattyMPhillips » Thu Apr 27, 2006 11:23 pm

Ok here is my story:

Last week I came home from visiting my family in WA with my two daughters. My brother in law had been watching my home while I was gone. Though most the time he was here he was out with his parents or at his parents' house or driving his brother to and from college for his parents. So my house was pretty much an utter disaster when I got home, especially my kitchen. Now I live on an Army Base and my townhome doesn't have a whole lot of space. So its really cluttered in there a lot of the time. Plus with two children under the age of 4 its hard to try and keep your house perfectly clean because of toys, and a little 3 year old wanting to take her clothes off the minute you come home from going to the store or something :roll: Well the next day, cause I had gotten home late in the evening and was exhausted from two days of driving, I started work on my kitchen and my car. I had gotten one load of dishes in and organized them as much as I could, but ALL my dishes were dirty and not enough counter space for them all. I then had to go to a OB class, yes I am pregnant with my third one :oops: all thanks my hubby coming home on leave sooner then expected lol. My hospital requires that before you start your OB visits you have to go to this OB Orientaion class :roll: My mother in law came with and my brother in law was watching the girls. He is wonderful with them and loves them like his own and I trust him fully with them. Well after this 2 hour class was over and we got out of the hospital, we got a phone call form my brother in law. The MPs were at my house cause my oldest had gotten out the back door and out the back gate and they found her down the street a few houses down. MPs, for those who don't know, are Military Police, or basically Soldiers trained to be cops to gaurd bases. The MPs then ENTERED my home, when my brother in law had no rights to even give them permission to enter it. They saw that it was a mess. They got their Investigators (Dectective Solders) over to take pictures of my house.

Needless to say I was shaking when my brother in law told me this. I was freaking out that they would take my kids. We get over there and one detective is talking to my brother in law in the dining room, where the back door is. Just for reference, when you are in the living room you can't hear anything in the back of the house, at least not very well, and my oldest can be pretty quiet. My mother in law went and talked to the other detective about what was going on and what she could do to help. They have had to deal with CPS for some false accusations so she didn't want something like that happening to us. It doesn't help that my husband is in Iraq and not very easy to get in contact with. The detective then takes me outside to talk with me. They accused and wrote up "tickets" for my brother in law and me on Child Neglect and will have to go to a civil court since we are Civilians and not Military. They told me I had two days to get my house in order and then they will be back to inspect and if its fine they won't call anyone, but if not they would have to. They told my mother in law that for her to help she could take the kids so we could get the house cleaned up. Which that was fine with me, helped me to wean my yongest lol. They said that this was as far as it was going unless things were not better two days later. Which they were. My house, except for my room and the den where my brother in law sleeps when he comes over which they were not worried about those areas cause they were our space, were practically spotless, well except for the stains in the carpets lol.

Today though, a lady from Human Services appeared at my door. My house wasn't a mess but it wasn't as clean as it was, I was in the process of cleaning when she came over unannounced. I let her in not knowing what else to do about it, despite me feeling uncomfortable. She wanted to know about the situation, so I explained it to her. She wanted to look around make sure we had food and stuff, I told her I was in the middle of catching up on a little bit of cleaning cause I was gone most the day yesterday. The girls' room of course was trashed but what kid doesn't trash their room? She is gonna come back next week to look again.

I am scared about this and worried. I have sent a message via a law firm's website that does free consultaions on cases like this. I know I can get free legal aid from JAG but atm I don't want to talk to anyone military, I don't trust them. Especially since my mother in law and I feel lied to and betrayed by those two detectives who told us they were not going to call anyone unless stuff didn't get done, and it DID. I want this situation to get over with.

Another thing I am worried about is this. My husband and his brother were accused of child abuse towards his sister by the schools because of a "Touch No Touch" program that was completely flawed and confused her. The three older boys are wrestlers and would use her sometimes as a dummy lol. All the kids would wrestle. Nothing abusive or anything but yet CPS made the two older boys, my husband and his brother, leave the home, they spent two years in homes of church members. My husband ended up moving down to NM to stay with his grandmother til it was over. My question about that is, will they be able to find out about that when my brother in law was under aged at the time? And can they find out about my husband too? He was I think 17-19 the time it was going on. He had to explain it and get a letter from the City Sheriff in order to go in to the Army saying that there were no charges filed. My husband when I told him was wanting to choke some ppl out lol, that is how pissed he is at the MPs and will be even more mad when he finds out about the Human Services Social worker. Please any advice would really be appreciated.

Thank You,

Patty

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Dazeemay
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Postby Dazeemay » Fri Apr 28, 2006 5:31 am

http://forum.fightcps.com/viewtopic.php?t=1103

The above link is for doing a guardianship

The link below is a dialogue of questions about guardianship

http://forum.fightcps.com/viewtopic.php?t=3863

I don't know if this will help, being as your husband is in Iraq. You would have to be the judge of that. I don't know military rules, when partners are serving, in regards to custodial rights.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

PattyMPhillips
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Joined: Thu Apr 27, 2006 7:41 pm

Postby PattyMPhillips » Fri Apr 28, 2006 11:26 am

Well I don't want to have to fill out a legal form for guardianship. I plan on haing the girls stay the night and be gone the day the caseworker comes back to inspect so that she can't try and take them. If they are somewhere other then my home they can't try and take them from that other home? Besides I do't think she has a court order and I have not been to court yet and have not given them any cause to take my kids. Yah my house was less then perfect when the Caseworker came but with a 3 year old and a 1 year old you can't expect a home to stay perfectly clean every minute of every day, its jsut not possible. Plus she came at a time that I use for tidying up each day. I hadn't cleaned the girls' room because they were supposed to be up there playing in it, so why clean it if its just going to get messy shortly after? I cleaned it later yesterday after I finished the downstairs. Their room is always the last thing I do each day. Then each morning they completely trash it by dumping the drawers of toys out on the floor. :roll: So of course their room is not going to always be clean every min of every day. I understand they are worried about my one year old falling and hurting herself on a toy, that is why I changed her crib to a transitional bed. I understand their worry because she has already done it. But it was the first time I had ever taken any of my girls to the ER for something like this, and they knew it was an accident and that babies will do something like this. Plus I think her sister may have helped her over. I am just glad that she was healed from that before this happened. I am also glad that my 3 year old's lip was healed from her fall on a neighbor's swing set at my parents' house was healed up. Her upper tooth nearly went through her bottom lip and she had to get one disolveable stich, her lip was disgusting to look at. I hate it when my kids get hurt, and those situations I am surprised I stayed calm despite the amount of blood they had gushing from their lacerations. Each time we got the bleeding stopped before heading to the ER. With my oldest we didn't know if she needd to be seen or not and the Military hospital was a 30 min drive away so we took her to a fire dept near by to get a paramedic's opinion. Kids will be kids though, I am jsut glad there haven't been any broken bones yet. Knowing my oldest she might when she gets older though. :roll: She is like her dad. My kids are well taken care of, dispite my lack of very good house keeping skills, but I do try my best. They are well fed and well nourished I have not had to take them to the dr for any serious illnesses. They have had colds this winter and we all caught a stomach bug from my in laws when the girls stayed the night there the night my husband came home on leave, nice gift for my hubby for coming home huh :wink: I just don't see how anyone can think that I neglect my kids, or that my brother in law would. I jsut want this ordeal over with!!

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Dazeemay
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Postby Dazeemay » Fri Apr 28, 2006 12:37 pm

You need to read what is happening to other parents on this site and others.

I just don't see how anyone can think that I neglect my kids, or that my brother in law would. I jsut want this ordeal over with!!


Many parents have said the same thing as you.

CPS does not give a hoot whether you are a good mother. This is an indoor for them to take your children and make money off of them. You really need to think this through.

It is not about you being a good mother or not.

If they take your children then they can take your baby too. Without a guardianship your children are at great risk.

Even if you don't see the need to do one for cps one should still have one in case of any emergency. This type of guardianship can be revoked at the drop of the hat.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

PattyMPhillips
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Joined: Thu Apr 27, 2006 7:41 pm

Postby PattyMPhillips » Fri May 05, 2006 9:22 am

Well the case worker never showed up and if she does I am not letting her in. She refused to cooperate by coming when she said she would, I waited til 230pm for her to show up. My day does not revolve around her and I had to go fax some things and I had to pick my kids up from their grandmother's. If she wants to be able to come in my home and inspect it she will contact me before hand, since I know she has my info including my phone number, and she will come when it is convient for me. She will not jsut show up on my front porcha nd expect to be let in. She chose not to cooperate so I am going to refuse to cooperate. As for the detective who lied to me about human services being contacted a friend of mine is already trying to nail him for lying and other crap so this is just more icing to the cake. Also, this same friend, knows some lawyers and so when he gets here on leave from Iraq he is going to call a few and see if he can get my brother in law and myself free consults. Still haven't gotten our court summons yet but giving it time. I still want to know though, can they find out about my husband's and brother in law's unsubstantiated accusation of child molestation that was never prosecuted because there was no evidence stating they did? This was also in another state too. I know the Army had my husband explain it and my husband got a letter from the Sherrif's office stating that no charges were ever filed and that the prosecuting attourney found that there was no evidence but can the Human Services out here find out about those alligations?

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grandmatotwingles
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Postby grandmatotwingles » Fri May 05, 2006 11:55 am

I hate to say it, but they can do what ever they want. They can show up and take your kids from their grandparents house, school, church, etc. They don't need "evedence" all they need is "suspition or hear say" from someone who calls them. You are guilty until proven innocent.

I would listen to everything these people here have to say and read read read.
Image

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Greegor
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Location: Cedar Rapids Iowa

Postby Greegor » Fri May 05, 2006 11:56 am

Patty:
There is no definitive answer to the question of
whether or not they can find that unfounded
accusation.
The number of years records are kept varies
from state to state and often the state agency
people themselves get it wrong.
Some states might also treat an "undetermined"
differently than an unfounded report.

As for having the kids stay somewhere else,
that will NOT stop CPS, especially if they
take the tone that you did it to conceal the
kids from them.

They commonly pick them up at school, for example.

Another apparent tactic is to take them
late on a Friday so they have all weekend
to pump the kids for information.

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Dazeemay
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Postby Dazeemay » Fri May 05, 2006 12:26 pm

I still want to know though, can they find out about my husband's and brother in law's unsubstantiated accusation of child molestation that was never prosecuted because there was no evidence stating they did?


They will find out if they have to. It is not hard for them. There is a database for all of this. Being as you did not hear from them concerns me. They could be building a bigger case against you. You could wait months and then there they are.

I know you said you did not want to fill out the legal guardiaship form.

Years ago my daughter was told to do a guardianship. She did not really know that it was that necessary either. Eight years later our granddaughter ended up in cps incarceration and it took nine months to get her back home with major emotional damage.

It would have only taken a few minutes to fill out the papers and have a revocation ready in case we needed to cancel the guardianship. Maybe a couple of hours more to have the papers notarized and she would not have had to go through hell being incarcerated.

If you go to the ER with a child with a broken bone they have to report it to cps. Teachers are being heavily pressured to report every jot and tittle. Neighbors report; mad relatives report.

Basically I see parents as being under seige more and more with no way out, but for now this little legal paper. Some day I suspect we will not even have that.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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unfairjustice05
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Postby unfairjustice05 » Sun May 07, 2006 8:08 pm

CPS/DCS do care rather you are a fit or unfit mother/father.Trust me i am being accused of being a unfit mother by these people and my 3 kids are pre teens and 1 adult nowMy kids can say rather or not i am and they have been telling these people for the past 2 year now i am not a bad mom,And when CPS decided to take my son they called me when i was downtown getting a TRO (temperary restraing order) on their then step dad they asked me where he was and i told them he was with me downtown,the lady told me on the phone "We need to talk to him' "How long will it ake for you to get home" and as soon as we headed home my youngest daughter yalled from the foster home and said to her brother "The foster lady said her brother was going to stay the night with us" ANd as soon as me and my son and a 2nd witness pulled up at my home their comes CPS and 4 cops and they yanked my son out of the trunk. They would have asked me where my son was if i told them he wasn't with me or at home.

They will get a court order making you tell them where your children are.so regardless of how much paper work there is you need to do the guardianship papers to protect your kids from being kidnapped by these people do it.
Honeybee

Momoffor
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Postby Momoffor » Mon May 08, 2006 9:44 pm

PattyMPhillips wrote:Well the case worker never showed up and if she does I am not letting her in.


If you live in military housing, you will make it hard on the military member if you do not let them in. The military member will be ordered to do so.

PattyMPhillips
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Postby PattyMPhillips » Mon May 08, 2006 10:12 pm

Sorry I haven't responded, been busy with the kidlets. To respond to Momoffor though, the only people I absolutely HAVE to let in, is Housing because they own the townhome. I do not have to let anyone in my home if I feel its violating my privacy. So far the woman hasn't came back but I am still watching my back. Tomorrow morning I have a drs appt I have to be at, my 12 week OB appt and all the FUN exams that go with it lol, so my brother in law will be here watching the girls and I will let him know under no circumstances is he allowed to let anyone in the house because I am not there. Of course I don't think he would anyways lol. He has had to deal with CPS before so I know he won't deal with them again. I will prolly ask him to do a small amount of tidying for me while I am gone since I will be gone during my cleaning time. He usually doesn't mind doing that for me, especially now with all that is going on. I get to hear the heartbeat tomorrow so that is the only thing I am stoaked about, I hate these prenatal exams lol. Let you all know how it goes!!

Momoffor
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Postby Momoffor » Tue May 09, 2006 11:46 am

PattyMPhillips wrote:To respond to Momoffor though, the only people I absolutely HAVE to let in, is Housing because they own the townhome.


I wasnt saying let them in. But just be aware that there is the possibility that it will/can be ordered by the service members command. (in this case it may perhaps be better if someone from the command comes to the home while CPS is there to serve as a witness).

Military gets the ultimate screw in the deal if you ask me. Has family services or whatever the army calls it contacted you?

PattyMPhillips
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Postby PattyMPhillips » Tue May 09, 2006 12:36 pm

Nope haven't heard anything so I am thinking that Human Services came because of the chrge being sent to be filed for a court date but I am not sure. I think that if the MPs had called any human services type thing it would have been the new parent Support or something that is on base first before going to the county. From what my husband's co-worker has found out so far is the most they can do is charge me $300 fine and 25 hours of parenting classes for this. From the looks of it it will be the military dealing with this I am not entirely sure. He has to go to the Provist Marshal on base anyway and talk to him about something so he is going to ask about some of this as well. He is doing everything he can to help us which I soo appreciate this. He even says he would help with paying for a consult with a lawyer about this as well. I know I will probably do the guardienship jsut in case, and he said I need to get an afidavid from my parents saying I had been at their house from such and such time and date and I didn't have time yet to do what I needed to. Plus Johnny can easily say that I had started cleaning but I had an appt and I can get the info from the hospital that I kept my appt as well. I will do everything I can to show that I am not an unfit mother and that the house was a mess because I had been gone for almost 3 weeks and had just gotten back the previous night so I didn't have time to get the stuff done that needed to be done, there was a lot that had to be done. I am also going to ask my father in law if I can borrow his big digital camera and take pictures of the areas that needed cleaned and that were cleaned when the MP came and inspected it. The MP never took pics of the house clean so I want to have those so that I can show the judge that I did in fact get everything done that needed done. I hope I don't get the $300 fine lol.

Momoffor
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Postby Momoffor » Tue May 09, 2006 3:48 pm

From the information that I gathered when my case was going on, (this is Navy mind you) MP's are supposed to contact the 'family services' on base first, except in emergency situations.

Caseworkers from family services are sent to the house and if the case is founded, they forward it to social servies.

I did not live in housing at the time of my case, but moved into base housing 2 days after. Just because my husband was military, the case was turned into family services as well. I called JAG and found out that family services on base isnt supposed to rule with the almighty hand like CPS does, even though those flukie social workers like to think so and like to talk big. I told the little troll to kiss my ass, I wasnt meeting with him, or letting him in my house.

Social services decided that they were going to hand my husbands charges over to the military to deal with and closing their portion. (I guess they assumed that the military would require more and throw the book at him I dont know).

Family services holds a hearing behind closed doors. It consists of a social worker from Family services, (the one I told to kiss my ass), JAG, and sever different doctors. They review the information that was handed over to them by social services. All you can do to defend yourself is to write a letter of defense. Mine happened to be 13 pages long. Someone from the command attends this hearing as well, and speaks up for the military member, such as stating they are a schmuck, or outstanding ect as to their char.

The military hearing was held 3 months after social services deemed our case to be founded and high risk, that I was a danger to the children. The military hearing found that there were no grounds of abuse or neglect and closed the case as family not in need of services.

Social services didnt like that, so tried to take the case on my husband back and force him into their services. There is a lot of appeals and arguing that I did in there, but social services did not get their way. We are both still in the registry as neglectors/abusers for supervision neglect through social services.

The biznatch is that a couple of social workers at social services sit around and decide who is guilty and who isnt, and the military actually holds a trial and looks at all of the evidence, and the military trial found NOTHING.

If you need or want more information about dealing with both social services and the military portion of it, please let me know. I will help with what I can.

PattyMPhillips
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Postby PattyMPhillips » Tue May 09, 2006 4:30 pm

Well since we are both civillians we can't go to a military court, so we have to go to the court in the city but it is only being charged as a misdemeanor, thankfully lol. The lawyer that I spoke to trying to get a free consult but he cant because we are going to federal and he has to charge for them, said not to speak with JAG because they will probably be the ones prosecuting us. Our friend is doing everything he can to try and help us out as much as possible. Turns out this MP Investigator that told us no one would be called has been known to lie in fact this same investigator and him had a confrontation. He has been trying to get this guy for it too. Right now I am waiting for him to call after his meeting with the Provist Marshal's office. So right now its just wait wait wait.

Momoffor
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Postby Momoffor » Tue May 09, 2006 6:25 pm

I just called JAG headquarters in Washington DC and spoke to people there. They are very nice and have no problems answering questions. Can always say its for a friend or a family member that you are inquiring about.

PattyMPhillips
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Postby PattyMPhillips » Tue May 09, 2006 9:39 pm

Well atm I do not trust anyone that has to do with Military Law or Law Enforcement because of being lied to. I am letting my husband's co-worker talk to whoomever he can sicne he knows people with CID and the like. He is trying to get as much info to shed us back into the light and to find out what is going on. I guess their 1SGT asked him since he was coming on leave, to find out as much info as he can to help us. I showed him the ticket and he said they shouldn't have given me the federal ticket that they should have gotten a city or county paperwork instead. I am really grateful to him and the help he is giving us. Though I did punch him for telling me that he and a couple other guys were betting if Bobby was going to get me pregnant onleave or when they came back in Dec, he won so he got a punch. Now they are betting if I will have a boy or a girl, he says boy the others say girl lol and I gues its up to over $100 with half of it going to Bobby lol. I actually hope he wins lol cause I want a little boy lmao.

Oh my drs appt went fine. Everything is as it should be for being 12 weeks. Had a hard time finding the heartbeat but the little guy was hiding by the left side of my pelvic bone lol. Heartbeat is slower then I remember the girls' hearts being so I am hoping that is a sign its a boy.

but I need to get to bed soon. Been fghting with a little girl on going to bed the last couple of hours :x so I am a bit frustrated atm lol. I'll let you know what other info my friend finds out.

PattyMPhillips
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****Update*****

Postby PattyMPhillips » Wed Jul 12, 2006 11:30 am

Ok I am updating. I had my court date on June 21. They are deferring prosecution as long as take a parenting class by next year. Then the charges should be dropped. My borther in law had his completely dismissed since they were not his kids so we are very happy that this is pretty much over with. Also I found out what my baby is gonna be, its gonna be a boy :D Thanks for all the info and the help!

kdddav'swife
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Postby kdddav'swife » Wed Jul 12, 2006 5:44 pm

I am glad for you Patty. Let us know when you have the baby.
"They keep talking about drafting a Constitution for Iraq. Why don't we just give them ours? It was written by a lot of really smart guys. It has worked well for over two hundred years and we're not using it anymore." George Carlin.


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