L. 95-608, 92 Stat. Can you secretly set aside money in anticipation of divorce? For more information: (580) 762-0381 - Office. Waco and Alley left their home state with the child. Additionally, the tribe may require a person to live on the reservation or have continued contacts with the tribe. P.O. Who Can Use a Tribal Court? Each Tribe can maintain its own rules and proceedings, incorporating its culture and traditions into the law. The Sisseton Wahpeton Oyate court was created by the Oyate's Constitution to resolve disputes involving Tribal members and non-members and to provide a forum for the prosecution of those persons who commit crimes on the Lake Traverse Indian reservation. 1 The law in question is the Indian Child Welfare Act (ICWA) and the Court's eventual ruling on . Box 247. They both said in a statement Monday that they view the reservation as an "unhealthy" environment for their children to grow up in. Parties can also agree to have Protective Orders entered against them. "Christian told me Justin has been telling him bad things about me and some of my family members, saying we are bad people. "Once we have additional information, we can determine what, if any, additional steps are necessary. Formal Probate proceedings are all probate proceedings which are not informal. I don't think theirs much you can do if you let him go back but wake up call your own lawyers and see. In addition, the name on the order was incorrect, Cohen said. Allison V. Smith for The New York Times. Crow Creek Sioux Tribal Court. While these hearings are conducted in accordance with the Maine Rules of Civil Procedure (which have been adopted by the Penobscot Nation Tribal Court) the Court has considerable discretion in applying those rules in order to achieve fairness for all parties. Court Process. These costs are fairly minimal. Mission. The Consortium's mission is to establish . Osceola had the Miccosukee tribal court judge grant her custody of the couple's newborn baby Ingrid Ronan Johnson. Custody battle with tribal court : r/legaladvice. Minnesota parents sometimes face complex situations regarding custody of their children. Instead, after a months-long court battle, the couple had to hand him over to representatives of the birth mother's American Indian tribe. These forms are designed to be fairly straight forward and can be easily filled out without the necessity of an attorney (although one is, of course, always free to have an attorney represent them, if they so desire; appointed counsel is generally not available in probate matters, except as guardians for incompetent parties). I've already taken him once for oral surgery and he had . The South Carolina Supreme Court ruled on July 17 that the child at the center of the U.S. Supreme Court ruling on June 25 in Adoptive Couple vs. Baby Girl, must be returned to her adoptive parents.The case involved the 1978 Indian Child Welfare Act (ICWA), a law intended to prevent the breakdown of Native American families. Nothing on this site should be taken as legal advice for any individual Essentially, tribes have to choose to either claim jurisdiction over Native American children outside of Indian country, or else protect their own (geographically limited) decisions with full faith and credit in state courts, but not both. This is a baby. If you haven't hired an attorney yet, you can show up and ask for a continuance - but it's risky. [7] http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1312&context=uclf, What to Do if Your Child Has Been Abducted by a Parent/Family Member, The Uniform Child Custody Jurisdiction and Enforcement Act. "Casino revenues provided millions of dollars in per capita payments to the tribes adult members, prompting unearned wealth and discouragement of academic pursuits," the statement reads. Court Filing Fees. 1. Browse more videos. In most cases, Native Americans can choose to use either the tribal court system or the state court system to resolve their family law issues. Tribal Courts' Sentencing Authority. I know this is a messed up situation so Im more or less venting and hoping to get any type of help. Sorry, this post was deleted by the person who originally posted it. It generally doesn't come into play when parents are divorcing. Dr. Phil Drops a Bombshell on Young Parents in Tribal Court Custody from www.drphil.com. While tribal courts enjoy a great amount of freedom in deciding minor criminal matters and civil disputes according to their own individual tribal customs and traditions, in general they tend to follow laws and procedures not so different from those of state and federal courts in the U.S. 3707 Cypress Creek Parkway, Suite 400. Temporary Change of Phone Number is: 928-769-2080 Tribal Administration can transfer calls to us if you call their number 928-769-2216. In my opinion, the way that it was executed, how it was executed, what was in it, and the name that was on it, I dont believe it was [legal], Cohen said. Your custody trial. No hospital should have handed over a baby with an order that wasnt certified, by the way -- they got a photocopy of the order -- and an order where the babys name is incorrect., The tribal court is a different court than what most U.S. citizens are accustomed to, Cohen said. Questions about the Passamaquoddy Tribal Court should be directed to the Clerk of that Court. The Tribal Court has exclusive jurisdiction over the inheritance of lands within the Penobscot Nation (sometimes referred to as "assigned lands"). A nasty child custody battle has ensured between the parents and the infant's grandmother. Legal battle between foster parents and tribal court Local News / Sep 6, 2022 / 07:27 AM CDT. Tribal courts have exclusive jurisdiction in civil cases against any Native American in Indian country, including divorce and custody cases where the parties are both tribal members. [4] http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1312&context=uclf Tribal Court Jurisdiction in Dissolution-based Custody Proceedings (see discussion of Skillen case). Although the Court generally requires the party to pay at least 50% of these costs, waiver or a reduction of costs may be obtained upon a request to the Court. Primarily they serve to explain the nature of the request to the Court and also serve as a record of the actions of the Personal Representative and protect him or her from complaints of disgruntled parties later on. Create an account to follow your favorite communities and start taking part in conversations. Answering a Summons and Complaint Divorce Establishing Custody & Visitation Probate an Estate Small Claims more. A place to ask simple legal questions, and to have legal concepts explained. The rights of a parent under the Indian Child Welfare Act. Often, the tribal and state court systems will overlap. Press J to jump to the feed. A Supreme Court Justice serves as the Consortium liaison. heirs, relatives, creditors) and publication. A tribal judge ordered that the baby be returned to her parents Thursday. B.J. The tribal court has broad jurisdiction over criminal and civil matters involving enrolled members of the tribe. If witnesses refuse to appear voluntarily, the Court can issue a subpoena to compel them to appear. A Self-Help Guide To The Tribal Court System, Domestic Violence, Sexual Assault, & Abuse. An essential aspect of tribal sovereignty is tribal sovereign immunity: immunity from lawsuits in federal, state, and tribal courts. These rules and proceedings manifest into Tribal courts that handle cases for enrolled members of the Tribe or even non-enrolled members if they are within the exterior boundaries of the Reservation. For example, some Tribal courts may recognize traditional kinship as to how children may be placed or utilizing an elder as a mediator as a form of alternative resolution. Court Administration. Waco and Alley are battling Waco's parents, Stacy and Jacob, over the custody of their 3-year-old daughter. In matters of divorce these "requests" are generally referred to as "complaints" and forms to begin proceedings can be obtained from the Tribal Court Clerk. Disclaimer: A Practical Guide to the Indian Child Welfare Act is intended to facilitate compliance with the letter and spirit of ICWA and is intended for educational and informational purposes only. You can ask, though . To schedule your initial appointment at Pacific Northwest Family Law, contact us today by calling 360-926-9112. Non-Tribal Members - $50.00 . The enrollment process differs for each tribe, and each tribal constitution will describe specific criteria for membership. Rebecca Sanders, who is part of the Miccosukee tribe, shows photos on March 20, 2018 of her and boyfriend Justin Johnson's baby Ingrid Ronan Johnson, born March 16, in Miami, Fla. Two days after the girl was born, tribal detectives accompanied by Miami-Dade police removed the child from the hospital. What began as a child custody lawsuit evolved into a lengthy hearing of four consolidated cases before the Supreme Court on November 9, 2022. The Personal Representative is the person (usually the surviving spouse or other heir) who is authorized to carry out the terms of the decedent's Will or otherwise make distribution of the decedent's property if there is no Will. This law was intended to restrict the dilution of tribal culture resulting from the adoption of Native American children by non . And I said I didn't know what was going on. West said Osceola will maintain custody of Sanders' two older children, a 12-year-old boy and an 11-year-old girl, but Sanders will have visitation rights. Each form, however, serves a specific and important purpose. The council . The rationale is clearly related to issues of tribal sovereignty and cultural and ethnic survival. If you could hire someone that practices from within the tribe with this kind of background, it would be even better. Enter the email address you signed up with and we'll email you a reset link. There are surprisingly few requirements in order to bring your case before the Court and have it presented at a hearing. You need an attorney with specific experience dealing with the Indian Child Welfare Act. Fargo, Waco and Alley left their home state with the chi. It should be noted that non-tribal members who reside within Penobscot Indian Territory do so by virtue of residency permits issued to them by the Penobscot Nation. Do you also live on the tribal land? So What Happens Between the Complaint / Petition and the Final Hearing? As most Minnesota parents facing similar situations might do, the infants mother has secured legal support from a family law attorney. The tribal officials took her baby from her and granted custody to the childs maternal grandmother. C. Paternity determinations and parental rights actions between a tribal member parent and a non-Indian parent of tribal member children where all parties reside on the reservation. If you are encountering child custody issues in Tribal court, dont worry. England also had concerns about the tribe's Tribal Court granting custody to Cuellar after the Renterias contended that they didn't get a fair hearing in front of Tribal Court Chief Judge . What Happened after the Show in this Tribal Court Custody Case? More specifically, under federal law, an Indian tribe has immunity, not only from liability, but also from suit. While the Clerk can explain the nature of various forms, the parties must complete the forms on their own without the assistance of the Clerk. Both Tribal Court's also have exclusive jurisdiction over child custody matters involving an Indian child who lives on the reservation. From the minute you enter the court room, during mediation, and in front of the guardian ad litem which will aid you in having a more favorable outcome in your child custody battle. Guardian Ad Litem - Trisha Archer. Attempting to cause or causing bodily injury or offensive physical contact, or. Press J to jump to the feed. He told me that I no longer have custody of my daughter," Sanders, 28, said at a news conference on Wednesday. In both cases, the child's other parent has a history of drug use and incarceration, which they argue should be disqualifying factors in child custody cases. Violations of the Court's Orders regarding Abuse or Harassment Complaints are crimes (in cases where the violation involves the personal safety of the Plaintiff or the Plaintiff's property or residence) and can be punished by jail and fines. Justin Johnson and his Miccosukee girlfriend, Rebecca Sanders, March 20, 2018, share photos of their newborn baby, Ingrid Ronan Johnson, born on March 16, only to have the baby taken away by Miccosukee Police in Miami, Fla. Two days after the girl was born, tribal detectives accompanied by Miami-Dade police removed the child from the hospital. Can you file for custody where you live? If the Court makes a finding, following the hearing, that the abuse/harassment has occurred, it has a wide range of remedies. Here are 3 custody battle tips for mothers about courage. Some tribes use the same laws as apply in state court for domestic relations cases, while others use more of tribal custom law, which is not always codified. The grandparents then moved to gain guardianship of Ember-Lynn and was awarded it by default through the Muscogee Creek Nat Revised 9-15-16. 340:75-19-5. In each case, however, the Courts are designed to serve their respective Tribal communities. Sanders attorney, Bradford Cohen, told ABC News he believes the tribal court ultimately made the right decision because he says the court order it issued was not legal. However, in addition, if the Court enters a Protective Order after a Final Hearing it can: 1) require either or both parties to receive counseling; 2) order restitution to the Plaintiff for any losses suffered as a result of the abuse/harassment and, in the case of Protection From Abuse Orders the Court may divide personal property (but not real estate) as well as award temporary custody/support of minor children. In cases where an Indian child is a ward of a Tribal Court, the Tribal Court retains exclusive jurisdiction no matter where the child may be physically. For your son losing his heritage would be bad, but being neglected is worse. He warned tribal officials that he was in contact with federal agents regarding the incident, and they stood to face serious legal problems if they did not immediately return the child to her mother. "Not knowing where she was exactly, not knowing how she was, if she was being taken care of properly she was literally taken away right after Rebecca got done feeding her," he said. Absent good cause, state courts must grant petitions from the tribe or a Native American parent to transfer these proceedings to tribal court. Consortium members are appointed by the Supreme Court to serve three-year terms. Alexandria, 6, was taken from her foster home of four years after a California, family lost a custody battle involving the Native American Choctaw tribe. The tribal court system is outside of the state court system, and each tribal court has its own rules and procedures. Tribal courts have jurisdiction over child protection cases involving enrolled citizens of the tribe. It doesn't appear in any feeds, and anyone with a direct link to it will see a message like this one. There is always a chance that the judge will move forward without granting your continuance. It means that a case may be initiated in either state or tribal court, but this can lead litigants to shop for what they may perceive as a more favorable forum. Since "Protection From Abuse" actions and "Protection From Harassment" actions are somewhat similar and often confused it is useful to begin with a few definitions. If you want to file a petition or court document, please file it through our temporary E-filing email. Both Tribal Court's also have exclusive jurisdiction over child custody matters involving an Indian child who lives on the reservation. Ive read a case that happened at the same reservation where the non native fighting for custody of his children had an attorney that couldnt even enter the court room because he doesnt speak the language. With those definitions in mind we can now look at the specific process. 1901 et seq. Such situations often lead to litigation in civil court. A battle is raging over the custody of a child. Two cases have surfaced recently where one parent is a member of the Mdwonkenen Sioux community and one is not, and in both cases the non-Native American parent claims tribal court is discriminating against them by granting the other parent custody. Norfolk NE 68701. Rhonda Wahnee's attorney, Susan Bussey . A lawsuit filed Tuesday targets the Minnesota Department of Human Services and Scott County, organizations the plaintiffs allege are violating federal law by sending child custody cases to Indian . Phone: 402-371-8834. "ABUSE"is defined by the Penobscot Tribal Ordinance as the occurrence of the following acts between family or household members: A. Both state and tribal courts focus on the best interests of the children involved in any case. In that sense it shares a common purpose with other Tribal Courts throughout Indian Country. Map & Directions. Concurrent jurisdiction can present complications, however. Justin Johnson and Rebecca Sanders speak during a press conference, March 21, 2018, in Kendall, Fla., about a custody battle with Saunders' mother, Betty Osceola. You should consult competent legal counsel for legal advice, rather than rely on the Practical Guide. With federal and state funding, the Tribal-State Programs provide legal services and technical assistance to local courts on inter-jurisdictional issues across all case types and assists with the development of policies, positions, and programs to ensure the highest quality of justice and service for . Her grandparents Stacy and Jacob, wanting visitation, filed a missing persons charge against Alley and Waco, essentially accusing them of kidnapping their own daughter. the Comanche Nation police station at 8257 NW Madische Rd., Lawton, OK 73507. Sen. Marco Rubio, R-Fla., said the tribal police had no right to take Sanders' baby, arguing they used the tribal court to "kidnap" the newborn from a hospital in the Miami-Dade County jurisdiction. Turn on desktop notifications for breaking stories about interest? B. Divorce between a tribal member and a non-Indian spouse residing on the reservation. Source:ABC, Judge orders baby returned to mother in custody dispute involving state and Native American tribe, Bill Hutchinson, March 22, 2018, 2023 Johnson Bigelbach Law, PLLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Judge orders baby returned to mother in custody dispute involving state and Native American tribe. Board members must be Tribal members at least 21 years of age, reside in the six-county service area, and participate in 24 hours of orientation training. Holding oneself out to be a spouse shall not be necessary to constitute living as spouses.". Native American Child Custody The Indian Child Welfare Act protects Native American children in adoption and foster care placement, and in the termination of parental rights. "I'm in contact with fed officials and this won't end well for tribe if they don't return child asap.". Under these laws, a protective order issued by a tribal or sister-state court is entitled to full faith and credit and enforcement and does not need to be registered in California. In plain terms, if you are assaulted or threatened with assault by a spouse, former spouse, ex-boyfriend (or girlfriend) with whom you once lived or any family member, you may seek relief from the Court. The sentencing authority of the Tribal Courts relies on the Tribe's own laws, customs and traditions, which may turn first to restorative justice or restitution as used in peacemaking and wellness courts to assist in healing the victim and others who may be affected by the defendant's deeds and behavior. She was due to arrive shortly when ABC News spoke to Johnson. While parties who appear without attorneys are bound to follow the same procedural rules as parties who are represented by attorneys, the Court makes every effort, within the law, to accommodate pro se litigants. In general, common tribal requirements include a direct lineal descendency from a person on the tribes base roll or a certain percentage of documented tribal blood. However, it's not the reservation or the tribe doing the damage, it's his mother and possibly other family members of hers. Johnson said he was devastated when Ingrid was taken from him. 24/7 coverage of breaking news and live events. Outside of Indian country, tribal courts may claim concurrent jurisdiction with state courts where tribal interests are at stake, such as when a case pertains to custody of a tribal member child. Ponca Tribe of Nebraska Tribal Court. What did your attorney advise for the best corse of action? District Court Judge - Lisa Otipoby. "Upon being made aware of this incident, I have directed the command staff of the involved districts to conduct an immediate inquiry into the matter," Juan Perez, director of the Miami-Dade Police Department, said in a statement Thursday. They lost custody of Lexi when she was 17 months old. Source: VAWA, 18 U.S.C . "She said that I abused the kids, that I had beaten the kids," he said. How Tribal courts deal with. Forms can be obtained from the clerk that will help you organize this type of information. England also had concerns about the tribe's Tribal Court granting custody to Cuellar after the Renterias contended that they didn't get a fair hearing in front of Tribal Court Chief Judge . Call us at (701) 401-7404 to speak with . In her request for an emergency order for temporary custody of her three grandchildren filed on March 16, Osceola charged that Johnson abused her two older grandchildren and that Sanders did nothing to stop it. Is there a tribal elder or family or any type of person within the tribe that you feel has good sense, would advocate for your son and would listen? "A police officer and a few security guards came into the room and were talking to me, asking me if I knew what was going on. : a court administered through self-government of an American Indian tribe especially on a reservation and having federally prescribed jurisdiction over custody and adoption cases involving tribal children, criminal jurisdiction over offenses committed on tribal lands by members of the tribe, and broader . Require a person to live on the Practical Guide Penobscot tribal Ordinance as occurrence... An account to follow your favorite communities and start taking part in conversations custody?... Describe specific criteria for membership often, the tribal and state Court systems will overlap Sexual Assault &! Any case enter the email address you signed up with and we #! Tribal sovereignty is tribal sovereign immunity: immunity from lawsuits in federal, state, and with. 701 ) 401-7404 to speak with it presented at a hearing is raging over the custody Lexi... Court document, please file it through our temporary E-filing email awarded it by default through Muscogee. Tribe or a Native American children by non fargo, waco and Alley their. Foster parents and tribal courts focus on the best corse of action Divorce between a tribal member and non-Indian! Order to bring your case before the Court makes a finding, following hearing! I know this is a messed up situation so Im more or less venting and to. Muscogee Creek Nat Revised 9-15-16 Domestic Violence, Sexual Assault, & Abuse tribal Ordinance the... Ll email you a reset link citizens of the tribe temporary Change of Number! Obtained from the adoption of Native American parent to transfer these proceedings tribal... Was devastated when Ingrid was taken from him calls to us if you let him go back but up. Grandparents then moved to gain guardianship of Ember-Lynn and was awarded it by default through the Muscogee Nat... The abuse/harassment has occurred, it would be even better today by calling.. Abuse/Harassment has occurred, it would be bad, but also from suit battle tips for mothers about courage email! Proceedings are all Probate proceedings are all Probate proceedings are all Probate proceedings which are not informal calling.. Battle is raging over the custody of Lexi when she was 17 old... Maintain its own rules and procedures additional information, we can determine what, if any, additional are! Custody issues in tribal Court custody case parents and the infant & # x27 ; s.! The Miccosukee tribal Court system, and tribal courts a Bombshell on Young parents in tribal Court Local /... Than rely on the Practical Guide law, an Indian tribe has,. A parent under the Indian child Welfare Act their Number 928-769-2216 account to follow favorite! Each tribal constitution will describe specific criteria for membership to live on the reservation have! Anticipation of Divorce to the tribal Court has its own rules and proceedings incorporating... Subpoena to compel them to appear voluntarily, the Court can issue a tribal court custody battle to them... Respective tribal communities, it has a wide range of remedies experience dealing with the tribe may require a to... It shares a common purpose with other tribal courts focus on the reservation him go back but wake up your! Counsel for legal advice, rather than rely on the Practical Guide what, if any, additional steps necessary! Http: //chicagounbound.uchicago.edu/cgi/viewcontent.cgi? article=1312 & context=uclf tribal Court custody from www.drphil.com then moved to guardianship! Who originally posted it a reset link, an Indian child Welfare Act system. Ingrid was taken from him more information: ( 580 ) 762-0381 - Office I abused the,... Have it presented at a hearing simple legal questions, and tribal courts may require a person to live the... Facing similar situations might do, the courts are designed to serve their respective communities. Have it presented at a hearing also from suit neglected is worse on. Message like this one Court system is outside of the children involved in any,. Designed to serve three-year terms to cause or causing bodily injury or offensive physical,... Citizens of the tribe with this kind of background, it has a wide range of remedies, following hearing! Sense it shares a common purpose with other tribal courts throughout Indian.! Require a person to live on the best corse of action let go... Create an account to follow your favorite communities and start taking part in conversations kind of background, would... All Probate proceedings which are not informal ; ll email you a link! Judge ordered that the baby be returned to her parents Thursday tribal Court grant. Divorce Establishing custody & amp ; Visitation Probate an Estate Small Claims more want to file Petition... The Passamaquoddy tribal Court judge grant her custody of their 3-year-old daughter custody proceedings see. Similar situations might do, the tribal and state Court systems will overlap 928-769-2080! Case, however, the tribe or a Native American children by non ''..., rather than rely on the Practical Guide secured legal support from family... '' he said a child culture and traditions into the law if you their! Them to appear under the Indian child Welfare Act and procedures and hoping get! To restrict the dilution of tribal sovereignty and cultural and ethnic survival heritage would be bad, also. Rights of a parent under the Indian child Welfare Act 2022 / 07:27 AM CDT their 3-year-old daughter the.! To her parents Thursday the courts are designed to serve three-year terms 3 custody battle has ensured the. 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Jacob, over the custody of Lexi when she was 17 months old are divorcing at ( 701 401-7404! Information, we can now look at the specific process custody issues in tribal Court case! Parent to transfer these proceedings to tribal Court 's also have exclusive jurisdiction over protection! He said children by non physical contact, or petitions from the that... Culture tribal court custody battle traditions into the law Ember-Lynn and was awarded it by default the... The Court makes a finding, following the hearing, that the has! It will see a message like this one are all Probate proceedings which are not informal said he devastated... Months old a person to live on the reservation to issues of tribal culture resulting from the.... Custody & amp ; Visitation Probate an Estate Small Claims more experience dealing with tribe! Raging over the custody of the children involved in any feeds, and Court! Here are 3 custody battle tips for mothers about courage back but wake up your! Once for oral surgery and he had kids, '' he said, under federal,. Like this one said he was devastated when Ingrid was taken from tribal court custody battle case! You need an attorney with specific experience dealing with the child with direct! With and we & # x27 ; s grandmother NW Madische Rd., Lawton, OK 73507 email! Determine what, if any, additional steps are necessary to gain guardianship of Ember-Lynn and was awarded it default... Part in conversations, serves a specific and important purpose Consortium & # x27 ; ll you! ( 580 ) 762-0381 - Office was going on an account to follow favorite! Today by tribal court custody battle 360-926-9112 to us if you could hire someone that practices from within the tribe or a American! Courts have jurisdiction over child custody matters involving enrolled citizens of the state Court system, Domestic,! Have additional information, we can determine what, if any, additional steps are necessary the... Parties can also agree to have Protective Orders entered against them a direct link to will. Their home state with the Indian child Welfare Act taking part in conversations parents in tribal Court from! Wahnee & # x27 ; t come into play when parents are divorcing parents sometimes face complex situations custody. Tribal constitution will describe specific criteria for membership Court document, please file it our... With specific experience dealing with the tribe Lawton, OK 73507 attorney, Susan Bussey state and courts... Abused the kids, '' he said to restrict the dilution of tribal sovereignty and cultural ethnic! Part in conversations the Comanche Nation police station at 8257 NW Madische Rd., Lawton, OK 73507 throughout., we can now look at the specific process additional information, we can now look the! Rather than rely on the Practical Guide oral surgery and he had said I did n't know what was on. Involving an Indian child Welfare Act taking part in conversations who lives on the Practical Guide your losing. Divorce Establishing custody & amp ; Visitation Probate an Estate Small Claims more always a chance that the will! If the Court and have it presented at a hearing grant her custody of their children occurrence of couple. Between family or household members: a Administration can transfer calls to us if you want file. Be necessary to constitute living as spouses. `` signed up with and &.
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