2d 283 (Fla. 5th DCA 1998) (considering the wifes mental-health problems when determining her alimony request). Guardianship Evaluations are needed when a loved one no longer has the cognitive abilities to make informed decisions on their own regarding person or property. It is important that the person is honest and open about the nature of the allegation. 3d 570 (Fla. 2012); S.P. 2d 357 (Fla. 1st DCA 2005) (holding that the trial court should focus on whether the parents conduct has had or is reasonably likely to have an adverse impact on the child; there must be evidence of a direct adverse impact on the child finding the possibility of an impact is insufficient); Zarzaur, 213 So. [93], Due Process Rights Must Be Preserved Due process requires that all parties have notice and the opportunity to be heard on all issues, particularly those that affect their constitutionally protected parental rights. It is a thorough assessment of the clients sexual history, background, and development. [8] Pollock v. Pollock, 722 So. Physical vs. Other Examination Rule 12.360 outlines slightly different procedures and requirements depending on the type of examination being conducted. [86] Perez v. Fay, 160 So. 2d 1210 (Fla. 5th DCA 1981) (rejecting the argument that a parents mental health is in controversy simply because a party alleges one or the other parent would be the better parent to have custody). Confidentiality of forensic behavioral health evaluations. 2d 166 (Fla. 2d DCA 1989) (allegations that a father was unstable, that he failed to use a car seat for the child, that the child wet his pants after a visit with the father, and that the father used inappropriate language in the childs presence were insufficient to put the fathers mental health in controversy); Schlagenhauf v. Holder, 379 U.S. 104 (1964) (requiring more than conclusory allegations for the court to order a psychological examination); Temares v. Temares, 201 So. [87] In a concurring opinion, Judge Conner of the Fourth District Court of Appeal suggests that the family law court even has the implicit authority to order individual mental-health counseling for litigants. [19] There may be other processes available depending on the circuit and the parties finances. [60] Fla. Fam. Post Judgment Modifications and Enforcement Lawyer. 3d 606 (Fla. 2d DCA 2014) (A partys belief that the other parent is not supporting or promoting the childs relationship with the other parent did not put that parents mental health in controversy. Is the mental-health issue temporary or permanent in nature? Through her law firm, Kay Family Law, PLLC, in Tampa, she assists solo and small-firm attorneys statewide through contract research, writing, and consulting services in addition to directly assisting Floridas families through legal representation, guardian ad litem services, and as a mediator. [69] A protective measure may include an order barring a third-party attendee upon showing that their presence would be disruptive, superfluous, or otherwise inappropriate. Examination of children is beyond the scope of this article. Which will ultimately aid the family law judge in making a decision regarding custody and timesharing of your child. 3d 344 (Fla. 4th DCA 2015) (holding, inter alia, that the husband may assert psychotherapist-patient privilege as to his prior records even if a social investigator is appointed). 3d at 80 (absent evidence of an applicable statutory exception or waiver, a trial court departs from the essential requirements of law when it enters an order compelling disclosure of communications or records in violation of the psychotherapist-patient privilege). A judge can only make a decision about custody of a minor child based on the evidence that is presented to the judge during a hearing. 2d 828 (Fla. 2d DCA 2003) (holding insufficient evidence of a negative impact on the child by alleged domestic violence incidents and the mother receiving treatment for her drug addiction). [70] McCorkle v. Fast, 599 So. The sexual inventory is the longest portion, consisting of about 560 items. [85] Witt-Bahls v. Bahls, 193 So. 90, any other statute, or the constitutions of the United States or the state of Florida no other privileges are recognized;[26] 2) finding that psychotherapist-patient privilege exists only for the testimony and records for purposes of diagnosis or treatment of a mental or emotional condition, and not any other testimony or records;[27] 3) finding that psychotherapist-patient privilege protects only the substance of communications between therapist and patient and, therefore, not the identity of medical or mental-health professionals consulted. 0000007738 00000 n [82] In light of parents constitutional rights, a court must have competent, substantial record evidence demonstrating that any restrictions[83] on a childs time-sharing with either one of his or her parents is in that childs best interests before ordering or implementing any such restrictions. 3d 75, 79 (Fla. 4th DCA 2014) (observing that Fla. Const. [3] Fla. Fam. A psychosexual evaluation will not conclusively tell the judge whether you did or did not commit the alleged abuse. 3d 646 (Fla. 3d DCA 2015). 'X:_Ox,~p'g|c#'~0 O.I ", "itemReviewed": { "@type": "LegalService", "name": "The McKinney Law Group", "telephone": "(813) 906-0048", "address": { "@type": "PostalAddress", "streetAddress": "1105 W Swann Ave STE 100", "addressLocality": " Tampa", "addressRegion": "FL", "postalCode": "33606" }, "priceRange":"Free consultation", "image": "https://www.themckinneylawgroup.com/wp-content/uploads/2017/06/cropped-download.png" }, "author": { "@type": "Person", "name": "Evan Guthrie" }, "reviewRating": { "@type": "Rating", "worstRating": "1", "ratingValue": "5", "bestRating": "5" } } ] }, The McKinney Law Group is a quality and professional family law firm in Tampa. 1) Existence of Privilege: Florida law recognizes certain privileges that prevent the testimony of certain persons, disclosure of certain matters, and production of certain objects or writings during litigation. The Order requiring a parent to submit to a psychological examination must clearly set forth the parameters of the evaluation, including its scope, length, manner and type of testing. Paul Knight, Letter: Quote from Humphrey, not Gandhi, The Colombian (Nov. 11, 2016), available at https://www.columbian.com/news/2016/nov/11/letter-quote-from-humphrey-not-gandhi/. 3d 782 (Fla. 5th DCA 2010) (holding that travel expenses are child-rearing expenses to be shared by the parties pursuant to their financial means as reflected on the child support guidelines calculations). xb```f``:yAb@m;cBr,.LKyiDK=P~03'$$%:::@"0#Q*bA?1 The order must specify the manner, condition and scope of the examination. Our office works directly with the Court and other local attorneys to ensure our evaluations are tailored to your clients needs. Miller, 3D18-2500 (Fla. 3d DCA 2019), the mother appealed the trial courts order requiring her to undergo a psychological evaluation. Given the nature of our industry, family law attorneys have a special responsibility to ensure that concern for a clients desired result does not subvert our societys fairness, honesty, civility, respect, and courtesy for all involved particularly the weak. More info Therapy Services We aim to create a positive therapy experience for our patients. L. R. P. 12.360[47], A party may undergo an examination by a qualified person or expert for use in pending family law litigation. 3d 616 (Fla. 2d DCA 2012). She serves as the Director for the online Master'sprograms. [38] Critchlow, 347 So. 0000004779 00000 n <<21806E22BF9CAD4D87AFB9D63A02DEB7>]>> If the custody evaluation and the report filed by the Guardian ad Litem differ, the judge may order additional evaluations to determine why the reports differ. [16] Verified pleadings or affidavits may be sufficient to satisfy the requirement; however, if the verified pleadings or affidavits are insufficient, an evidentiary hearing may be required. [1] The phrase family law in this case excludes cases under Fla. Stat. [98] Moore v. Yahr, 192 So. [82] Schutz v. Schutz, 581 So. We offer evaluations to directly assist the Court and your attorney. [54] For a detailed overview of psychosexual evaluations, see generally Alan Greico, Ph.D., Psychosexual Evaluations in Family Law, 1 Fla. Fam. To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence. As such, the judge is not bound by the recommendation of the social investigator. [99] Instead, all child-rearing expenses including payment of supervisor(s) and timesharing travel expense(s) should be shared between the parents in accordance with their financial means or otherwise included in the child support guidelines calculations.[100]. This means, how likely is an individual to re-offend in a sexual-related crime/offense. Prior to that adoption, Floridas family law rules included many references, referrals, and citations to Floridas Rules of Civil Procedure. [66] Asteberg v. Russell, 144 So. Psychological Services by licensed psychologists, Dangerousness Evaluation for Bond Hearings. [80], The judge is the finder of fact and may not properly delegate its fact finding to any third party. [70] However, the courts power to impose protective measures is not unfettered; any measures must be based on valid reasons and upon objection of one or both of the parties. [27] Oswald v. Diamond, 576 So. Guardianship Evaluations are WebPsychologists Orlando FL Call 407-674-5663 ABOUT US Orlando Psychological Evaluations Forensic Evaluations-Clinical Evaluations for diagnostic purposes [28], Overcoming Privilege There are generally three circumstances when a litigant has waived his or her right to assert a privilege with respect to his or her mental-health issue: voluntary waiver of the privilege, placing the matter at issue, or the occurrence of a calamitous event proximate in time to the litigation. First, the allegations must be verified or evidence must be presented to support them. 89 (2001), available at https://www.floridabar.org/the-florida-bar-journal/anatomy-of-a-child-custody-evaluation/. Pre-Adoption Evaluation. [6] Typically, this scenario arises when a party claims his or her mental-health issue(s) diminishes or otherwise influences his or her ability to earn income. L. R. P. 12.360(b)(1) (2020). In Higginbotham v. Higginbotham, 857 So. [79] Fla. Fam. [75] Fla. Fam. L. R. P. 12.360(c) (2020). 0 Dependency and termination of parental rights proceedings are beyond the scope of this article. Tel: 305-912-8699. 2d 1200, 1201 (Fla. 2d DCA 1992)). [101] This is often attributed to Mahatma Gandhi; however, the actual source of the quote is unverified. [74] However, practitioners beware of the following provision of Rule 12.360(b)(2): By requesting and obtaining a report of the examinationthe party examined waives any privilege that party may have in that action or any other involving the same controversy regarding the testimony of every other person who has examined or may thereafter examine that party concerning the same condition.[75]. 0000005202 00000 n [8], Mental Health and Parenting Plan Issues[9] For a parents mental health to be in controversy, there first must be factual allegations that he or she is presently having problems that could substantially impact his or her present ability to properly parent. Black History Month: Honoring Notable Psychologists. On the other hand, it will give the judge valuable information about whether you pose any risk to your children in the future. | Privacy Policy | Notice of Privacy Practices | Terms of Use | No Surprise Act, Comprehensive ADHD Evaluation & Treatment Clinic, Florida Association for the Treatment of Sexual Abusers Board of Directors. 3) Calamitous Event: A calamitous event during or sufficiently proximate in time to litigation may result in a waiver of psychotherapist-patient privilege. A partys mental health is most likely to be considered at issue when it affects that partys present ability to earn income or present ability to care for a child. xref WebPAR is a leading publisher of psychological assessment products for use in mental health, school, hospital, and private practice settings. 2d 933 (Fla. 2d DCA 1977) (stating that even if we assume that aberrant behavior is involved there is no showing that this cannot be adequately evidenced without expert testimony). This is the point where the therapist will document their initial impressions and provide detailed notes on the client. [67] Union P.R. [20] These privileges include, in relevant part, physician-patient privilege,[21] psychotherapist-patient privilege,[22] and sexual assault counselor-victim privilege. 2d 530 (Fla. 2d DCA 2002) (holding no negative impact on the child established when the mother moved, was previously under the influence of prescription drugs, and recently took up a profession of nude dancing and modeling); Jacoby v. Jacoby, 763 So. 2d 334 (Fla. 1957). Recognized By The American Psychological Association For Proven And Innovative Mental Health Treatment Comprehensive MedPsych Systems. 7402 North 56th StreetBuilding 100, Suite 102Tampa, FL 33617-7735. [52] Vocational evaluations may take into consideration the impact a mental condition may have on a partys employability; however, in that instance the focus is not on the condition itself and, therefore, not included here. is a trial-tested litigator, board certified in marital and family law, who is also experienced in collaborative divorce. This is primarily achieved by gaining an understanding of the clients sexual preferences using the penile plethysmograph (PPG). [102] Family law practitioners can begin to meet that responsibility by making biases, assumptions, and myths surrounding mental health a thing of the past and taking the time to understand the facts, think through the issues, and educate themselves and their clients on the governing laws. Treatment approaches are tailored to the needs of the client with the aim of improvingquality of life and addressing individual treatment needs. Other areas of focus have includedpsychotherapeutic and evaluation services for individuals experiencing psychological issues and disorders. 0000002434 00000 n A psychosexual evaluation is a method utilized by courts, prosecutors, and defense attorneys to provide a scientific basis to determine with a person is likely to be a repeat sexual offender. WebOur licensed mental health therapist is an experienced evaluator and conducts psychosexual evaluations for adults and juveniles. [55] Fla. Fam. Use tab to navigate through the menu items. Therefore, the father argued, the WebWe also perform presurgical psychological evaluations for bariatric surgery and spinal stimulator surgery. You can only testify to specific facts that you witnessed. You should consult an attorney for advice regarding your particular legal matter. He can be reached by phone at 813-428-3400 or by e-mail at contact@themckinneylawgroup.com. ex rel. [24], Privileges are statutory in nature, therefore, strictly construed. Events sufficiently calamitous to waive privilege have included a partys recent suicide attempt,[36] a partys recent serious threat of suicide,[37] and a partys voluntary hospitalization for mental-health treatment during the proceeding. Numerous other tests are conducted by the qualified mental health professional and that professional will render a report regarding the parents risk of engaging in further devious behavior. 2d 654 (Fla. 4th DCA 1976) (holding that merely seeking custody of a child does not make a partys mental condition an element of the claim or defense of the case); Kristensen v. Kristensen, 406 So. Co., 547 So. [21] Although no physician-patient privilege explicitly exists within the Florida evidence code, the Florida Supreme Court has held in other instances that physician-patient and medical record privileges exist. This website uses cookies and third party services solely for the purpose of collecting general and anonymous website traffic statistics by Google Analytics. From its modest beginnings in Bob and Cathy Smith's home years ago, PAR has grown into a leading publisher of psychological assessment materials designed to help our customers better serve their clients. 18 0 obj <> endobj Nevertheless, a few over-arching principals apply when a partys mental health has, in fact, impacted his or her ability to earn income or properly care for a child. There continue to be many overlaps between the two sets of rules in language and procedures. The forensic experts perform evaluations on the parties and/or the children and issue reports to the family law attorneys. It is worth noting that this type of evaluation will not conclusively determine if a parent actually sexually abused a child. One problem encountered by family law attorneys and judges is that when they receive a psychological report, they do not always understand it. [96] To leave an order devoid of benchmarks to be achieved to regain timesharing rights lost would make the temporary nature of the limitation wholly illusory. P. 35(a), which is nearly identical to Fla. Fam. 95, No. 2d at 1200. For example, it is reversible error for the court to condition a partys timesharing on his or her payment of a supervisor. Dr. Perez has over 16-years of clinical experience specializing in forensic and clinical psychology. She also served as a multidisciplinary team member to assist in providing treatment recommendations to Child Protective Investigators for reported child-on-child sexual abuse and domestic minor sex trafficking cases reported in Broward County. v. Hellinger, 445 So. Please try again later. 0000041736 00000 n 2007). [93] Russell v. Russell, 240 So. [72] Fla. Fam. Sarah E. Kay is a trial-tested litigator, board certified in marital and family law, who is also experienced in collaborative divorce. The stronger and more complete the therapists evaluation, the more likely that it will stand up in court against tough cross-examination. Not only does this allow the therapist to factor that into the evaluation, but it also bolsters their testimony in court as they have accounted for the charges and facts of the case already. [97], Cost of the Relief Being Granted The court must take the costs of the relief being granted into consideration before imposing the relief. [29], 1) Voluntary Waiver of Privilege: A person holding a privilege has the right to waive that privilege by voluntarily disclosing the information, consenting to the disclosure, or communicating the privileged information when there is no reasonable expectation of privacy. Examination of Persons under Fla. Fam. Learn More Weight Loss Procedure Evaluation 90.702 (2019), to be able to testify regarding the written study. Wrongful Death Inc. v. Hernandez, 748 So. The court may also appoint a Guardian ad Litem to advocate for the childs best interest. Our doctors utilize evidence-based instruments paired with background records and a thorough clinical interview together to ensure all areas are assessed and and reported accordingly. 2d 453 (Fla. 3d DCA 1977); Miraglia v. Miraglia, 462 So. This site requires JavaScript to be enabled on your browser in order to function properly. [30], A practitioner should be cautious when agreeing to have a clients prior medical and mental-health records produced to an independent evaluator for review because doing so constitutes a waiver of privilege for those records. Ch. [98] To do so would inappropriately intertwine a parents timesharing rights with his or her payment of financial obligations. [12] Second, the allegations must be specific facts conclusory allegations are insufficient. Presuming both parties have sufficient competence to proceed, the second question to be answered before any further time or money is expended is: Is it relevant? Fla. 3d DCA 2019 ), which is nearly identical to Fla... 283 ( Fla. 4th DCA 2014 ) ( 2020 ) the family law, who is also experienced collaborative... Individuals experiencing psychological issues and disorders requires JavaScript to be enabled on your browser order... Judge valuable information about whether you did or did not commit the alleged abuse a Therapy... Be specific facts that you witnessed are statutory in nature psychological evaluations bariatric. More likely that it will stand up in court against tough cross-examination attorneys and judges that. Health, school, hospital, and development to any third party in nature, therefore, strictly.... More complete the therapists evaluation psychosexual evaluation florida the WebWe also perform presurgical psychological evaluations bariatric... 144 So American psychological Association for Proven and Innovative mental health therapist is an experienced evaluator and conducts evaluations... Health, school, hospital, and private practice settings and private practice settings presented to support.... To directly assist the court and other local attorneys to ensure our evaluations are tailored to your clients needs outlines... Re-Offend in a waiver of psychotherapist-patient privilege be verified or evidence must be presented to support them ] do. May be other processes available depending on the circuit and the parties and/or the children and issue reports the! 560 items 19 ] There may be other psychosexual evaluation florida available depending on the client, (! The more likely that it will give the judge is the finder of fact and may properly... A parent actually sexually abused a child encountered by family law attorneys are statutory in nature which ultimately! Of about 560 items or her payment of a supervisor [ 93 ] Russell v. Russell, So... An individual to re-offend in a waiver of psychotherapist-patient privilege therapist is an individual re-offend. 102Tampa, FL 33617-7735 be able to testify regarding the written study licensed mental health therapist an! Civil Procedure is primarily achieved by gaining an understanding psychosexual evaluation florida the client the... Parental rights proceedings are beyond the scope of this article court to condition a partys timesharing on or! With the aim of improvingquality of life and addressing individual treatment needs, who is experienced! Do So would inappropriately intertwine a parents timesharing rights with his or her payment a., 581 So Fay, 160 So @ themckinneylawgroup.com directly assist the court and your attorney board certified in and... A leading publisher of psychological assessment products for use in mental health, school hospital... [ 1 ] the phrase family law judge in making a decision regarding custody timesharing. 462 So the penile plethysmograph ( PPG ) @ themckinneylawgroup.com Fla. Stat in a crime/offense... Treatment needs the actual source of the allegation an attorney for advice regarding your legal. To function properly Fast, 599 So: //www.floridabar.org/the-florida-bar-journal/anatomy-of-a-child-custody-evaluation/ the children and issue reports the... Is an experienced evaluator and conducts psychosexual evaluations for bariatric surgery and stimulator... To be many overlaps between the two sets of rules in language and procedures learn more Weight Procedure... The actual source of the clients sexual history, background, and.. Miraglia v. Miraglia, 462 So, therefore, strictly construed [ 93 ] v.... Is also experienced in collaborative divorce rules included many references, referrals and., 79 ( Fla. 5th DCA 1998 ) ( 1 ) ( observing that Fla. Const: a Calamitous during! May also appoint a Guardian ad Litem to advocate for the purpose of collecting general psychosexual evaluation florida! Directly assist the court to condition a partys timesharing on his or her payment of a supervisor ] is... Fla. 5th DCA 1998 ) ( 2020 ), Floridas family law, who is also experienced in divorce. Info Therapy Services We aim to create a positive Therapy experience for our patients will document their impressions! 89 ( 2001 ), which is nearly identical to Fla. Fam 19 ] There may be other processes depending. Recognized by the American psychological Association for Proven and Innovative mental health,,! References, referrals, and citations to Floridas rules of Civil Procedure with... ] Moore v. Yahr, 192 So Fla. Const information about whether pose... Assessment of the client the finder of fact and may not properly delegate its fact finding to any party... Phrase family law judge in making a decision regarding custody and timesharing of your child addressing treatment! Tailored to the needs of the quote is unverified and spinal stimulator surgery improvingquality life! Waiver of psychotherapist-patient privilege more info Therapy Services We aim to create a Therapy! Regarding custody and timesharing of your child products for use in mental health, school, hospital, development! Circuit and the parties and/or the children and issue reports to the family law this... Psychological Services by licensed psychologists, Dangerousness evaluation for Bond Hearings [ 12 ] Second the. This website uses cookies and third party Services solely for the purpose of collecting general and anonymous traffic. Sexual inventory is the longest portion, consisting of about 560 items [ 27 ] Oswald v. Diamond 576! Our office works directly with the court and other local attorneys to ensure our evaluations are tailored your! A waiver of psychotherapist-patient privilege this case excludes cases under Fla. Stat information about whether you any... Law judge in making a decision regarding custody and timesharing of your child conclusively... Do not always understand it being conducted law, who is also experienced in collaborative.. As the Director for the online Master'sprograms issue reports to the needs the. During or sufficiently proximate in time to litigation may result in a waiver of psychotherapist-patient privilege 813-428-3400 or e-mail... Is not bound by the recommendation of the allegation and Innovative mental health, school, hospital, and.... Alimony request ) v. Miraglia, 462 So is that when they receive a psychological,... Addressing individual treatment needs timesharing rights with his or her payment of financial obligations of your.! The mental-health issue temporary or permanent in nature of Civil Procedure of your child many... You can only testify to specific facts conclusory allegations are insufficient finding to third... Evaluation, the judge valuable information about whether you did or did commit! Not properly delegate its fact finding to any third party Services solely for the court may also appoint Guardian! The family law in this case excludes cases under Fla. Stat ) ; Miraglia v. Miraglia, 462 psychosexual evaluation florida. Would inappropriately intertwine a parents timesharing rights with his or her payment of a.... His or her payment of financial obligations referrals, and citations to Floridas rules of Civil Procedure individual treatment.... Procedure evaluation 90.702 ( 2019 ), to be many overlaps between the sets! Examination Rule 12.360 outlines slightly different procedures and requirements depending on the parties and/or the children and issue to! For example, it is reversible error for the purpose of collecting and. About whether you did or did not commit the alleged abuse presurgical psychological evaluations for surgery... Particular legal matter have includedpsychotherapeutic and evaluation Services for individuals experiencing psychological issues and disorders is also experienced in divorce!, the actual source of the clients sexual preferences using the penile plethysmograph ( PPG ) observing that Fla..... Noting that this type of examination being conducted, Privileges are statutory in nature, therefore strictly! Many references, referrals, and citations to Floridas rules of Civil Procedure by the recommendation the... You should consult an attorney for advice regarding your particular legal matter tell the judge is not bound the... Therapy experience for our patients commit the alleged abuse sets of rules in language and procedures,! Adoption, Floridas family law rules included many references, referrals, and citations to rules! The social investigator 12.360 ( b ) ( 2020 ) is often to! Determine if a parent actually sexually abused a child gaining an understanding of allegation... Did psychosexual evaluation florida commit the alleged abuse the longest portion, consisting of about 560 items, to many! Party Services solely for the childs best interest father argued, the father argued, the judge you. Licensed psychologists, Dangerousness evaluation for Bond Hearings, to be enabled on your browser in order to function.! Mother appealed the trial courts order requiring her to undergo a psychological evaluation Association for Proven Innovative... A parent actually sexually abused a child father argued, the allegations must be specific facts conclusory are! Mccorkle v. Fast, 599 So 576 So about the nature of the client with the court condition! During or sufficiently proximate in time to litigation may result in a waiver of psychotherapist-patient privilege in collaborative divorce always. Browser in order to function properly other hand, it is reversible error the... Rights with his or her payment of a supervisor she serves as Director. Stronger and more complete the therapists evaluation, the father argued, the allegations must be presented to support.. [ 86 ] Perez v. Fay, 160 So Services by licensed psychologists, Dangerousness evaluation for Bond Hearings during. ( 2019 ), the actual source of the clients sexual history, background, and practice... Detailed notes on the type of evaluation will not conclusively tell the judge whether you pose any risk to children... Or her payment of a supervisor ( 1 ) ( 2020 ) written... [ 27 ] Oswald v. Diamond, 576 So more likely that it will stand up in court against cross-examination! Is an experienced evaluator and conducts psychosexual evaluations for bariatric surgery and spinal stimulator surgery of..., how likely is an experienced evaluator and conducts psychosexual evaluations for surgery. Event during or sufficiently proximate in time to litigation may result in sexual-related. [ 24 ], Privileges are statutory in nature, therefore, strictly construed Kay is a publisher!
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