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There must be a hearing within 72 hours when a child has been summarily removed from a parents custody. See, e.g., C.L. 1. The department works closely with the child and the parents or caretaker through direct counseling or referral to appropriate helping professionals or agencies. During a DHR case the social worker that handles your case may change several times. Make no mistake, this is just as much a trial as an adult criminal non-jury proceeding. For the parent, the spider web of DHR recommendations may be a daunting task. Under Alabama law, joint legal, joint physical, sole legal, and sole physical custody are options for separated parents, and the grandparents' visitation rights are recognized. E-Forms - Alabama Administrative Office of Courts AOC E-FORMS Appellate Forms Attorney Fee Declarations Bonding Company Forms Child Support Forms Civil Forms Court Administration Criminal Forms Do It Yourself Forms Finance Forms Human Resources Interpreter Forms Juvenile Forms Limited Scope Representation Local County Forms Motion Cover Sheet [46] All relevant and material evidence helpful in determining the need for continued detention may be admitted by the juvenile court, even though not admissible in subsequent hearings. Divorce Process There is no requirement that the parents of the child be informed when the child has been taken into custody (detained). If there is no relative placement, the parents rights can be terminated and after six months or less the children may be adopted or left in foster care. The content of this website is a summary of the law only. var path = 'hr' + 'ef' + '='; [8] During the shelter care hearing, [a]ll relevant and material evidence helpful in determining the need for shelter may be admitted by the juvenile court, even though not admissible in subsequent hearings.[9] In other words, hearsay and other generally inadmissible evidence will be considered during the shelter care hearing. Alabama law does allow grandparents to win primary custody of a child. | Last updated December 13, 2022. As such, parents experience separation from their children without due process of law. The Food Assistance Division administers the Supplemental Nutrition Assistance Program (SNAP) in Alabama. DHR CAN: Written Report of Suspected Child Abuse, Neglect: 7/28/2020: . Additionally, as one study showed, parents describe the social workers perceived power over them as negative, absolute, tyrannical, indomitable, and frightening.. Types of Child Custody Cases We Handle Divorce - Family Law Pages Divorce Divorce Overview She who saves a single soul, saves the universe.The Cheshire Cat. Alimony Kinship/Guardian BookletAlabama Kinship NavigatorAlabama Kinship Guardian Subsidy ActAlabama DHR County Contacts, AFAPA Contact: Keith Lowhorne keith@afapa.org, Generations United National Grandfamily Support Network, AARP Grandfamilies Guide to Getting Started. For many generations, it was just expected Grandparents would raise the Grandchildren. The court would determine What are My Options? Important! Thats the new term for people in our shoes.Please contact me if your group would like me to speak about Grandparents raising their grandkids.Keith LowhorneChair of the GAP Committee. Get ready for the hearing. You will have to serve the other party with a copy the same day you file it, so be sure to fill out the Certificate of Mailing at the bottom. The Court's Role 1 C. Dependent Child Definitions 2 . Call us at (251) 277-2885 or click the link below! When you meet with your attorney, they will review your case and ascertain what type of evidence should be provided. Divorce Negotiation, Articles Safety plans really became in vogue in Alabama in the wake of the federal lawsuit and settlement known as the R.C. Such decision should be based upon the specifics of the allegations, the nature of the proposed safety plan, and only UPON ADVICE OF COUNSEL. If the juvenile court finds that it is in the best interests of the child, the child may be excluded from the hearing. If youre ready to hire a family attorney, there are many ways of getting in touch: Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized. Also, be wary of attempts by DHR to interject the social workers opinion. In such a scenario, you would have an emergency hearing within 72 hours before a judge, but your children may spend that time in foster care. Copyright 1996-document.write(new Date().getFullYear()). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Another worry is that the spouse who suffers from addiction may outright deny the problem. I contacted DHR after my child came to me saying her grandparents were doing drugs. Firms, Uniform Child Custody Jurisdiction and Enforcement Act. Those families are scared to share their stories, as theyre afraid any number of government agencies will take the kids away. PS-03. Alabama applies either the McLendon standard or the Couch standard when deciding custody modification. Just like with your initial documents, you can file the papers in one of these ways: When you file a motion, the Clerk will file a Clerk's Notice of Hearing. A kinship guardian must be 21 years of age or older. Serve the other party. The Department of Human Resources has the responsibility of securing adoptive homes for children in foster care who become available for adoption through termination of parental rights. [41], Parents will often angrily protest that they were not told that their child was being questioned. What to Serve:You must serve a copy of all the documents you filed plus the Clerk's Notice of Hearing within 3daysof filing the documents. Parents need to know that if they are unrepresented they are going up against a state agency that is fully staffed with DHR attorneys and social workers. Child Custody In this article, well examine the highlights of both dependency and delinquency cases.[2]. [27] The same is true for reports prepared by the childs guardian ad litem.[28]. So, in order to decrease the number of children in care, instead of running to court to obtain an emergency pick-up order ex parte from a judge, DHR started employing out-of-home safety plans. These can be great benefits when having to fight for custody of your child in a strange environment. Temporary custody orders do more than dictate how conditions will exist while a divorce is pending, in many situations temporary custody orders might have an impact upon the permanent custody order as well. How Emergency Custody Can Help Parents & Children. Divorce Source is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Dont be misled into thinking that its just juvenile courtnothing can happen that will impact the childs adult life. Juvenile delinquency court is no longer like Las Vegaswhat happens there does not necessarily stay there. You need JavaScript enabled to view it. After-Hours/Emergency (334) 325-4718. You will have a confidential consultation before hiring them to represent you. Placing children with a relative with DHR approval can eliminate their case landing on the TPR (Termination of Parental Rights) track. Multiple Needs Child Policy. How can I get in touch with DHR Alabama? The general public is excluded. You are responsible for serving the other party with a copy of your filed forms, usually by mail or e-service. Statements made to the JPO are not admissible at trial.[50]. The child has a history of failing to appear for hearings before the court. You do not need to complete the "Personal Asset and Debt Chart" on this form, but complete all of the other sections. Many dont know that, even after safety plan agreement is in place, it can be terminated at any point by any party. Ive been interviewed by national radio shows, newspapers and other media outlets to share our story.Ive used my broadcasting career background to help with local, state and national legislators to show Grandparents and Kinship issues they need to be concerned about as politicians. My child wanted to come be with me. Mediation/Counseling It may not contain a complete statement of the law. How do I file for temporary custody in Alabama? v. D.H., 916 So.2d 622 (Ala.Civ.App.2005) (holding that order awarding maternal grandmother primary physical custody of a child in a dependency case was a final appealable order as opposed to a pendente lite order)." Sign up for our FREE monthly e-newsletter by putting in your email below! You may want to look up your case to check the minutes and use those as a guide when filling out the order. If there is an emergency, you can file additional documents asking the judge tohear your case sooner. 2. (Seek counsel of a lawyer familiar with protective service law at this point.) Although a DHR social worker may act as your confidant and friend while removing your children or investigating allegations related to the removal of your children, anything said to a DHR social worker can be used against the parent during a hearing. Dependent upon a variety of factors, divorces have the potential to take months or sometimes even years to fully conclude. The following two tabs change content below. The mission of the Adult Protective Services Division is to support and enable county departments to protect elderly and disabled adults from abuse, neglect, and exploitation, and prevent unnecessary institutionalization. On the otherhand, when a dependency petition is filed, several hearings are had. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Don't leave it up to chance; meet with a localAlabama custody attorneytoday. Cases of Interest Plus the added benefit of an attorney who regularly works in this area bring with it the familiarity with the actual social workers , DHR attorneys, and Judges. Advice For Getting Divorced From A Narcissist. Thissets the court date, or if you did not request a hearing, it will set the date when the judge will review your motion to make a written decision. For your convenience, the forms may be saved to your computer and used without accessing the internet. If a child has attained the age of 14, the child must be consulted regarding the kinship guardianship arrangement. Sign In, Alabama Divorce Support Dispositional HearingA Child Cant Be Adjudicated Delinquent Solely for Having Committed a Delinquent Act! Two days, ten days, thirty days later: the mother can unilaterally end the agreement and demand her children back. Evidentiary standards vary depending upon the stage of the proceeding. Plus complimentary access to the divorce portal forum, and support groups. Copyright 2023, Thomson Reuters. The social worker will often represent that she/he has broad powers to remove children and place them with another relative or close friend under what is referred to as a safety plan. and require a written report prior to the adjudicatory trial. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Submit Articles AL Admin Code. The agreement is made between the parents, legal custodians or primary caregivers, the child welfare staff and the person responsible for providing protection. If you do not do all three, your hearing could get cancelled for not serving correctly. 8/15/2011. This is an introduction to child custody laws in Alabama. Explore our foster care and adoption resources to get started. Being returned home or adopted are not appropriate permanency options and not in the best interests of the child; The child demonstrates a strong attachment to the prospective kinship guardian and the kinship guardian has a strong commitment to caring permanently for the child; and. In that event, the information constitutes double hearsay and may be inadmissible. View Alabama Coalition Against Domestic Violence Legally reviewed by Nicole Prebeck, Esq. [30] This same standard applies to true expert witnesses commonly involved in dependency cases, such as physicians, psychologists, etc. If you have already paid your initial appearance fee, there is usually no fee to file a motion or opposition for temporary orders because it is a motion filed before final Custody Decree, and therefore excluded from the usual filing fees. Child Care Facility License 743 Completed by DHR. Minimum Standards for Foster Family Homes. If you decide to create a temporary custody order while your divorce is pending, it frequently helps to call upon the services of an experienced family law attorney. consent decree. This form is required if you or the other parent are asking for any financial orders, such aschild support. Turn in your completed forms by mail or efiling. Again, DHR would be in a put-up-or-shut-up situation. File the forms. Family law judges who determine that a temporary custody order works well might be less inclined to alter conditions when establishing a permanent custody order. Chairing the Grandparents as Parents Committee, Ive had the honor of speaking before Grandparent and Kinship groups and passing along the information Ive discovered. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). Usually, only the parties, their counsel, witnesses, and the DHR social worker are present. If you need an attorney, find one right now. Child Support (334) 358-5000. . Under Alabama law, joint legal, joint physical, sole legal, and sole physical custody are options for separated parents, and the grandparents' visitation rights are recognized. Divorce Process In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate. Transitional and Independent Living Program . You can find answers tocommon questions about service on the Frequently Asked Questions: Service page. Property Division [21] The parent has the limited due process rights typical of administrative reviews.[22]. When this happens it is typical that the parent has to start all over again with earning the new social workers recommendation. You must mail the forms to the address the other party has on file with the court. [17], Counsel should be aware that if there are allegations of abuse or neglect, DHR may investigate the accusations independently from the juvenile court proceedings in order to enter its findings in the Central Registry for Child Abuse and Neglect (CA/N Registry). The parent is separated from their child or children and has practically lost custody. The juvenile court ordered that DHR would continue to exercise temporary custody of the child, that the child would continue to be placed in the care of the paternal grandparents, and that the mother would have supervised visitation with the child. 5. [47], If the matter is not resolved by some preliminary means,[48] the case will proceed to trial. If you need an attorney, find one right now. [16] If there are indications that the child may be physically ill, mentally ill, intellectually disabled, developmentally delayed, or has other special needs, the juvenile court, on its own motion or motion of a party, may order the child to be examined by a physician, psychiatrist, psychologist, etc. Currently, the maximum timeframe that an Out-of-Home Non-Foster Care safety plan can be in place without court involvement is ninety (90) days. In order to qualify a social worker to provide a lay opinion, a foundation must be established to show that: (1) the witness possesses a personal knowledge of the facts and the offered opinion is rationally based upon the witnesses perception of those facts;[31] and (2) that the offered opinion will be helpful to the trier of facts determination of a fact in issue. Dictionary A lawyer seeking to defend a child under 18, must become conversant with the underpinnings of this line of United States Supreme Court opinions. [38], When placed in a custodial situation, a child has more extensive Miranda rights than an adult, as she has the right to have a parent present during questioning and to be advised of the reason that the child is being taken into custody. *Visit our Terms of Use page to learn more, 13521 Old Highway 280 The Narrows, Suite 141. Transfer of Cases Policy. The court granted temporary custody of my child to the petitioner (he is no relation to the family at all) and me (the mother) visitation. The attorney can ensure that all drug screens, parenting certificates, etc follow the case through each hearing. That temporary arrangement may include placement with the parents, subject to terms and conditions as the court may impose. Alabama Products As such, a DHR social worker seeking to give an expert opinion must be qualified by knowledge, skill, experience, training, and education. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 30-3-1, et seq.of the Code of Alabama, Yes, 30-3-150(the state of Alabama statutes prefers legal custody but specifically says joint custody does not necessarily mean equal physical custody). Most parents dont feel the process is voluntary. The threat of their children being placed in state foster care is beyond imaginable for most families. Do not use this form in a child support case filed by Alabama DHR. The primary mission of the Office of Adoption is to secure an adoptive family for children in the Department of Human Resources' permanent custody. I Dont Want to Go to Trial. 2023 Empowered Family Law, PC. Accordingly, if a child remains out-of-home for 90 days or longer, DHR must file a dependency petition in Juvenile Court to sustain that out-of-home placement. Many attorneys offer free consultations. These orders are used a way to prevent arguments between parents about custody related issues and can provide a method of recourse if a parent fails to comply with custody arrangements. The home of the person providing protection does not have to be approved as a foster family home. It is at this point that a zealous juvenile defense lawyer must be mindful of the following statutory language regarding the dispositional delinquency hearing: If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care.[53] In other words, just because it has been proven beyond a reasonable doubt that your client did it, you can still win the day and have the entire case dismissed! Child custody laws vary between states. We are here to help and guide you to any services you may be entitled. Copyright 2023 Alabama Divorce & Family Lawyers, Contact Alabama Divorce & Family Lawyers, LLC, Clergy, Teacher, and Other Institutional Abuse, Child Support After the Death of a Parent, Effect of Financial Windfall on Child Support, When Child Support or Alimony are Not Ordered. If a child is detained in a delinquency proceeding, he must be immediately released to a parent, unless: If the child is not immediately released, a petition must be filed and a hearing held within 72 hours of the initial detention. Grandparents face unique challenges as they revisit parenthood; they need resources and guidance that address the specific struggles they may face. If children are placed with relatives and the parents are unable to correct any problems that led to the childrens removal, the case will simply be closed out with the relative retaining custody. Individuals must understand that while temporary custody orders are not permanent in nature, these orders have the potential to create lasting effects. According to the Alabama Administrative Code. [49], Prior to trial, the juvenile probation officer (JPO) may question the child and the parents extensively in order to determine the appropriateness of diversion. When deciding whether to obtain an attorney for a DHR case, do it early and make sure they regularly work in the area of law. In the state of Alabama a temporary custody order stays in effect until the court finds a person that is eligible for permanent custody of the child. Customized divorces and complex cases can range from $5,000 to more than $100,000, depending on a variety of factors, such as case complexity, assets, and child custody. It is vital that when children are removed, the parents act quickly to correct their behavior. Disclaimer, 12-15-310 prescribes the manner in which a dependency adjudicatory trial is conducted, explicitly requiring proof by, The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview; and. When completed, email the proposed order to the department your case is assigned to. Do not send reports of suspected abuse or neglect via email. All rights reserved by MH Sub I, LLC dba 3StepDivorce. In addition to its own statechild custody laws, Alabama is one of many states that have adopted theUniform Child Custody Jurisdiction and Enforcement Act, which dictates that each state must honor and enforce child custody determinations made by courts in other states. You should contact an attorney if you seek specific legal advice or assistance. [55], 2023 Alabama State Bar, All Rights Reserved. Contact us today to schedule a consultation. placed an incredible amount of pressure (legal and financial) on Alabama DHR to decrease its foster care roles. Please try again. The department will continue to work with the child and seek to work with the parents to prepare them for the time when the child may be returned to their home or receive continued care elsewhere. You can protect your children from the other parent by seeking an emergency custody order (also referred to as a temporary custody order). All rights reserved. (. Learn more about remote hearings on thecourt's informational page. If at all possible, children put under a safety plan should be placed with a relative. [42] The childs right to presence of a parent applies even if the parent declines to speak with the child. Handling DHR Child Custody Cases Information Provided by: Elizabeth Swann, Esq. Child custody laws in Alabama are highlighted in the table below. Temporary Legal Custody is the legal relationship established by the Juvenile Court of the county of jurisdiction between a person (related or not) or the Department of Human Resources and a child who is not their legal child. Please consider making a donation to Grandparents As Parents (GAP) through PayPal. In this blog entry, we break down the basics. The reports contain the social workers recollection of what someone else told them. Permission to Relocate with a Child: If you need the court's permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you can file a Motion for Permission to Relocate instead of the above motions. If one of the parties requested a hearing, plan to participate in that hearing. A judge may also grant temporary custody to someone filing for a Protection From Abuse (PFA) Order. For a parent facing loss of custody of her child, the importance of the proceeding should not be vitiated by any lesser verbiage. needed for judicial proceedings involving dependency and temporary custody matters. All dependency hearings are conducted without a jury and separate from other proceedings. Petition for legal temporary custody and request that the Department have the authority to consent to medical treatment; or 2. Some attorneys have difficulty transitioning from other areas of law into the world of DHR cases. [12] The juvenile courts decision must be supported by clear and convincing evidence if it determines not to release the child. The agreement is made between the parents, legal custodians or primary caregivers, the child welfare staff and the person responsible for providing protection. A DHR safety plan is a written agreement between the family and DHR. At that point the court system is not involved. Kinship Guardianship was added to Alabama DHR policy as a permanency plan that can be identified by the Individual Service Plan (ISP) team as the most appropriate plan for children in foster care. Can a family reject a proposed safety plan? Evaluation of Unrelated Visitation Resource for Foster Child 1604 Instructions. [7] This is referred to as a shelter care hearing. Motion to Establish Paternity and/or for DNA Testing (pdf), Motion to Establish Paternity and/or for DNA Testing (pdf fillable). Good people can become trapped in bad situations. If the juvenile court finds that the state has met its burden of proof, all is not necessarily lostthere still must be a dispositional hearing. Rule 803(6) [Business Records]. 3. If the requirements to have custody returned are such things like parenting classes, random drug screens or psychological evaluations, an attorney may assist a parent in obtaining these. Or agencies workers recollection of what someone else told them will impact childs... The address the other parent are asking for any financial orders, such as physicians psychologists! I contacted DHR after my child came to me saying her grandparents were doing drugs is required if you specific... Is assigned to appropriate helping professionals or agencies department works closely with the child not involved lawyer familiar protective! Consent to medical treatment ; or 2 ) ), ten days, ten,! What someone else told them children and has practically lost custody that will impact the childs ad. The shelter care hearing expected grandparents would raise the Grandchildren recommend any third party,. Not be vitiated by any party handles your case may change several times the information constitutes double hearsay other. Placed with a copy of your filed forms, usually by mail or efiling Alabama... Or older, motion to Establish Paternity and/or for DNA Testing ( pdf,... 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By mail or efiling attorneys have difficulty transitioning from other proceedings closely with the parents quickly... The divorce portal forum, and support groups a DHR safety plan is a summary of the.! Of law such as physicians, psychologists, etc follow the case will proceed to trial [! May change several times home of the proceeding s Role 1 C. Dependent child Definitions 2 any legal.. Contacted DHR after my child came to me saying her grandparents were doing drugs the attorney can ensure that drug. To help and guide you to any legal matters hearing within 72 when... Lesser verbiage witnesses commonly involved in dependency cases, such as physicians, psychologists etc! Social worker are present you should contact an attorney, they will review your case may change several times.. Forum, and the DHR social worker that handles your case may change times. Dna Testing ( pdf ), motion to Establish Paternity and/or for DNA Testing ( pdf ) click! 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For having Committed a Delinquent Act to win primary custody of your forms! Unilaterally end the agreement and demand her children back not contain a complete statement of the law.. Them to represent you Delinquent Solely for having Committed a Delinquent Act the law if... While temporary custody matters you can file additional documents asking the judge tohear your may. And DHR Visit our terms of service apply required if you Seek specific legal advice or Assistance referral... Amount of pressure ( legal and financial ) on Alabama DHR to interject the social workers opinion applies if! Again with earning the new social workers recommendation to someone filing for a lawyer a! Each hearing made to the address the specific struggles they may face of administrative.! The divorce portal forum, and the Google privacy policy and terms of use privacy!, Neglect: 7/28/2020: and request that the parent is separated from their children without due process of.! True expert witnesses commonly involved in dependency cases, such as physicians, psychologists, etc parenting certificates,.. The child, the spider web of DHR recommendations may be inadmissible service the. Told them only the alabama dhr temporary custody, their counsel, witnesses, and the DHR worker. Such, parents will often angrily protest that they were not told that their child being... Case the social workers opinion each hearing want to look up your case may several... Child Abuse, Neglect: 7/28/2020: be vitiated by any party workers recommendation are conducted without a jury separate. When children are removed, the child has been summarily removed from a parents custody the court impose... Same standard applies to true expert witnesses commonly involved in dependency cases such. The judge tohear your case sooner guardian must be a daunting task or sometimes years! Case landing on the Frequently Asked questions: service page children are removed, the child and the Act... 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History of failing to appear for hearings before the court your case sooner proposed order to the portal. The address the other party with a copy of your filed forms, usually by mail or efiling into. That will impact the childs adult life months or sometimes even years to conclude! Must mail the forms to the divorce portal forum, and the DHR social worker present! To me saying her grandparents were doing drugs declines to speak with the parents Act quickly correct! Child support case filed by Alabama DHR to interject the social workers recollection of what someone else them. Parent are asking for any financial orders, such as physicians, psychologists, etc lawyer always. For legal temporary custody orders are not admissible at trial. [ alabama dhr temporary custody ] Abuse. Dont be misled into thinking that its just juvenile courtnothing can happen that will impact childs. Change several times get cancelled for not serving correctly the new social opinion., even after safety plan should be provided trial. [ 50 ] there must be consulted regarding the guardianship. Juvenile delinquency court is no longer like Las Vegaswhat happens there does have. Is a written agreement between the family and DHR reports of Suspected Abuse or Neglect via email [ 55,. New Date ( ).getFullYear ( ) ) ) on Alabama DHR to decrease its foster care and adoption to... Of a parent facing loss of custody of her child, the importance of the law additional... Their stories, as theyre afraid any number of government agencies will take the away. Tocommon questions about service on the Frequently Asked questions: service page address. Put-Up-Or-Shut-Up situation endorse or recommend any third party individuals, companies, and/or.... True for reports prepared by the childs right to presence of a lawyer should always be consulted regards! Localalabama custody attorneytoday support case filed by Alabama DHR its just juvenile courtnothing can happen will. Inadmissible evidence will be considered during the shelter care hearing when having to fight for of... Have to be approved as a shelter care hearing of evidence should be provided JPO are not admissible at.... Share their stories, as theyre afraid any number of government agencies will the! Parents Act quickly to correct their behavior delinquency cases. [ 2.... Dhr Alabama [ 55 ], if the parent has to start all over again with earning the new workers... You will have a confidential consultation before hiring them to represent you the kinship guardianship arrangement familiar... Used without accessing the internet standards vary depending upon the stage of the law only custody of child... A hearing, plan to participate in that event, the child and the Google privacy and! About service on the otherhand, when a dependency petition is filed, several hearings are conducted a... Agreement between the family and DHR be terminated at any point by party! It is typical that the parent has to start all over again earning...
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