Depending on your living situation, one parent can be a provider, or you can hire someone other than your parent to provide IHSS. PUB 240 (1/04) - Continuing Care Retirement Communities in California (Printing), PUB 240 (1/04) - Continuing Care Retirement Communities in California (Viewing), PUB 269 (2/18) - California Child Passenger Safety Law-(8.5" x 11"), PUB 269 (2/18) - California Child Passenger Safety Law - (8.5" x 14"), PUB 271 (2/17) - Never Shakea Baby Brochure, PUB 271 (2/17) - Never Shake a Baby Brochure (Black & White), PUB 273-A2 (2/21) -Shaken Baby Syndrome Poster - ( 24" x 36"), PUB 275 (4/07) - Family Planning - Making the Commitment for a Healthy Future, PUB 294 (6/21) - Assistance Dog Special Allowance (ADSA) Program Fact Sheet, PUB 294L (6/21) - Assistance Dog Special Allowance (ADSA) Program Fact Sheet, PUB 325 (12/16) - Your Right To Make Decisions About Medical Treatment (Print 8 1/2 X 14), PUB 326 (8/22) - Facts You Needs to Know - Group Home and Short-Term Residential Therapeutic Program - Board of Directors or Governing Body, PUB 337 (9/12) - Statewide Fingerprint Imaging System (SFIS), PUB 339 (7/13) - Foster Care Ombudsman Brochure, PUB 341 (4/16) - Adoptions Services Bureau Career Opportunities, PUB 367 (4/13) - Reach For Your Dreams With Cal-Learn, PUB 370 (4/19) - Public Assistance Benefits For Asylees In California, PUB 370 (1/21) - Public Assistance Benefits For Asylees In California, PUB 373 (Print 8 1/2 X 11) (5/07) - Important Food Stamp Information For Noncitizens, PUB 373 (Print 11 X 17) (5/07) - Important Food Stamp Information For Noncitizens, PUB 388 (3/21) - California Electronic Benefit Transfer (EBT) Card. It can be challenging to secure protective supervision. (9^0rO;cSm
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21 Engel Injection Molding Machines (28 to 300 Ton Capacity), 9 new Rotary Engel Presses (85 Ton Capacity), Rotary and Horizontal Molding, Precision Insert Molding, Full Part Automation, Electric Testing, Hipot Testing, Welding. duty to care for the child upon adoption. (IHSS) regulations to parent providers. Recipients of IHSS protective supervision services whose hours were prorated may receive a retroactive benefits payment once their hours are adjusted for services provided after July 1, 2020. Applicants with severe deficits in memory, orientation, and judgment are more likely to qualify for protective supervision than applicants with moderate deficits. Note: If you can show that you need more hours than what is listed above, you may qualify to get it. Furnel, Inc. has been successfully implementing this policy through honesty, integrity, and continuous improvement. If you want to use IHSS personal assistance hours at the workplace, first contact your IHSS worker and specify the number of hours and services you need. The California Department of Social Services allows you to have an authorized representative at your hearing, whether an attorney, advocate, family member, or friend. This is a valuable opportunity to support your case for protective supervision, because social workers dont always have the opportunity to observe the applicants dangerous behaviors during the short home visit, an unfortunate circumstance which can lead to a denial. To report a lump sum payment for retroactive IHSS benefits, recipients should send a letter to their County Medi-Cal office (and to the SSA office if they receive SSI) explaining: Additional information about lump-sum payments and Medi-Cal eligibility can be found here: https://www.disabilityrightsca.org/publications/lump-sum-payments-and-medi-cal-eligibility, Information about lump-sum payments and Supple Security Income (SSI) eligibility can be found here: https://www.disabilityrightsca.org/publications/lump-sum-payments-and-ssi-eligibility, To find your local Medi-Cal office, please visit: https://www.dhcs.ca.gov/services/medi-cal/Pages/CountyOffices.aspx, To find your local Social Security Administration office, please visit: https://www.ssa.gov/locator/. Provide the doctor with specific examples of the applicants dangerous behaviors and deficiencies in memory, orientation, and judgment. A county cannot deny using a parent provider If there are any discrepancies or inaccurate information in the documentation, you should seek to get the documents corrected prior to submitting them to the county social worker, county hearing representative, or administrative law judge. The 24-hour-a-day requirement means that the dangerous behaviors are frequent and unpredictable so that constant oversight is necessary. laid off for a reason other than the need to care for their child is not For additional resources, go to IHSS Recipient/Consumer Resources. As of 2021, these rates are between $14.00 and $17.50 / hour. If you believe that the administrative law judge made an error in the decision to deny you protective supervision, you have the right to request a rehearing within 30 days of the decision. child when the parent has left full time employment or is prevented from Would you like to take a short survey telling us about your experience with DB101? The minor must be assessed for IHSS regardless of whether the parent is based only on the lack of documentation of employment status. If the applicants physical condition makes it impossible to engage in any dangerous activities that would require oversight and intervention, then the applicant is not eligible for protective supervision. considered to have left employment to care for their child and is ineligible to HOW DO I QUALIFY FOR IHSS? County welfare departments administer the IHSS program under the oversight of the California Department of Social Services. If parents are unable to provide care due to disability or illness. The goal of the writ petition is to convince the court to set aside the administrative law judges decision. You must have Medi-al to qualify for IHSS. The county must send you its statement of position at least two working days before the hearing. However, adoptive parents are subject to the IHSS parent provider rules because they have a legal duty to care for the child upon adoption. Determining whether a parent can be a paid IHSS provider and/or hire a non-parent provider is a separate and distinct inquiry from whether the child is eligible for IHSS. WebHas any live in provider done their taxes only using the IHSS income? You should be prepared to discuss each of the requirements for protective supervision, as well as any documentation you provide for your case. 3 0 obj
With an exemption, providers can work up to 90 hours a week, not exceeding 360 hours per month.9 More information about workweek exemptions for IHSS providers can be found here: https://www.disabilityrightsca.org/publications/recent-changes-to-in-home-supportive-services-ihss-and-waiver-personal-care-services. Are you sure you want to lock your account? In addition, the childs cognitive impairment(s) might affect the intensity of supervision needed. For example, the term self-directing in the IEP context might refer to a child who is able to draw with markers without instruction or assistance. If your county has contracted IHSS providers, you may choose to have services provided by the contractor. Client Development Evaluation Report (CDER): This is a document created by the Regional Center. n+4/NsG[0Ew>WDFoH^;c;d`:^JP5
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FQTH*aZ2m. need 24-hour-a-day supervision in order to remain safely at home. If you have been denied protective supervision based on not meeting CDSS nonself-directing requirement, then you should contact a qualified representative to discuss an appeal. The required documentation for protective supervision varies depending on whether youre applying on behalf of a minor or an adult. instruction for parents enrolled only part-time; 3) the parent is physically or A child who makes bad decisions about her health or safety, is confused or wanders off, gets lost, or forgets to start or finish something, A child who may get hurt if she is left home alone because she may wander out of the house, let strangers in, light fires, leave water running, eat inedible things, or do things that are self-harming such as head banging, biting, and scratching, A child who must be supervised 24-hours a day. A provider who works for only one recipient cannot work more than 70 hours and 45 minutes per week.7 A provider who works for two or more recipients cannot work more than 66 hours per week.8 For households with multiple recipients of protective supervision services, additional care providers may be needed for the increase in hours. Ive always done my taxes and this is my first year having IHSS as my only income, so I was wondering if its even worth it to try to do them. All rehearing requests are made to the California Department of Social Services, State Hearings Rehearing Unit. You will be notified if IHSS has been approved or denied. Do not mail in this form or drop it off at the doctors office. What happens at the assessment for Protective Supervision? to be a paid IHSS provider for the child. IHSS SOC 821 Protective Supervision Form: Print this form and take it, along with the dangerous behavior log, to the doctor who treats your child. It is current as of the date posted. Counties are required to inform parents about the rules regarding providers for minor recipients. Go to http://www.americanadvocacygroup.com or call us directly at (877) 762-0702, and we will assist you in getting your child the funding he or she deserves. parent is unavailable to perform shopping or errands essential for the family, search explain why you did not provide it for the hearing; explain why you think the new evidence would change the decision; and, submit a copy of the new evidence, if possible. In some cases, the county misinterprets the law or facts. IHSS Application in Chinese State Hearings Division An IHSS Protective Supervision provider takes care of children with severe mental impairments and makes sure they dont hurt themselves while they are living at home. After you apply for protective supervision for your loved one (the applicant), a county social worker will schedule a home visit to determine the applicants need for protective supervision. Generally, the county must process your application and mail you a notice of action within 30 days from when you completed the application. For more information and resourcesvisit the In-Home Supportive Services Program website. Exceptions to Protective Supervision Eligibility. (This Publication Is Designed To Be Folded For Use As A Wallet Card. |. reason other than the recipient childs IHSS needs, that parent is not eligible Disability Rights California (DRC) is a nonprofit organization founded in 1978 that defends, advances, and strengthens the rights and opportunities of people with disabilities. The IEP outlines that your child is eligible for special education and related services to benefit from the general education program. Upon receipt, the State Hearings Division must grant or deny your rehearing request within 35 working days. IHSS Career Pathways Program is Now Available! However, in a situation where the child also knows how to turn the hot stove on by himself/herself, so that the child touches the hot stove at frequent, random times, then this dangerous behavior would likely satisfy the 24-hour-a-day requirement. The judge will ask all parties to swear, under oath, that their testimony will be truthful. 391 0 obj
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Therefore, it is a bit confusing and repetitive for CDSS to include an additional requirement that the individual must be likely to engage in potentially dangerous activities. WebIHSS regulations impose additional requirements on parent providers for minors when there are two parents in the household. The decision is inconsistent with the law; The decision is not supported by the evidence in the record; The decision is not supported by the findings; The decision does not address all of the claims or issues raised by the parties; The decision does not address all of the claims or issues supported by the record or evidence; The decision does not set forth sufficient information to determine the basis for its legal conclusion; Newly discovered evidence, that was not in custody or available to the party requesting rehearing at the time of the hearing, is now available and the new evidence, had it been introduced, could have changed the outcome; and. Protective supervision hours will be provided for up to 195 hours per month or 283 hours, depending on the severity of the impairment and the persons IHSS program. (ACL No. You can appeal your denial of protective supervision by: California Department of Social Services You must live in your own home which could be an apartment, a house or another persons home. stream
What are the eligibility requirements for Protective Supervision? Your caseworker may approve those 20 hours, but if that happens, you will only get 60 hours of IHSS at home. The social worker also asks questions regarding the applicants safety and well-being. If the applicant is a minor, review past IEPs. If this process sounds daunting and you need help, you can always reach out to us. IHSS-R recipients make up less than 1.5% of the overall IHSS population. ii. endstream
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Additionally, you must have these documents organized and ready to submit: Now look through all three documents: IPP, CDER, and IEP, to see if any of the three mentions any of the dangerous behavior your child engages in and highlight them. The State of California and its counties have an interest in ensuring that only the most qualified applicants are approved, because protective supervision is the most expensive IHSS program. If you feel your child might meet the qualifications, call your social worker and ask for an assessment for IHSS Protective Supervision. 2 0 obj
Based On Your Medi-Cal Eligibility Your Household May Be Eligible For CalFresh Food Benefits, PUB 521 (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Adults, PUB 521L (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Adults, PUB 522 (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Minor Children, PUB 522L (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Minor Children, PUB 523 (1/23) - Parent Appeal Information Pamphlet. Sacramento, CA 94244-2430. Explain why a rehearing should be granted; Request an interpreter in your preferred language, if applicable; and. We will contact your supervisor to confirm that you are authorized to have this role. Eligible service providers, including parents, can potentially earn around $4,000 per month, tax-free. If a caregiver, aide, teacher, or other professional has spent a considerable amount of time with the applicant, especially in a professional capacity, you should ask that potential witness to write a letter in support of the application. Web1) Assessment Of Need For Protective Supervision for In-Home Supportive Services Program (SOC 821 (3/06)). If income too high for SSI, may qualify with share of cost. A parent living with their minor recipient child is However, adoptive What happens at the hearing for Protective Supervision? Some counties may issue a check directly to the recipient for these additional hours. IHSS Providers: How to Become an IHSS Provider How to Appeal if You are Denied IHSS Provider Resources IHSS Timesheet Issues/Questions: IHSS Provider IHSS stands for In-Home Supportive Services. An IPP identifies the goals for your child, who will provide services or support to reach these goals, and if there is a cost associated with the service or support, who will fund it. With a DB101 account, you can easily save and find your favorite DB101 pages, mini-tools, and estimator sessions. Then go back to your Vault to learn more. In-Home Supportive Services Protective Supervision. Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect them from injuries, hazards or accidents. An IHSS provider may be paid to observe and monitor a disabled child or adult when If parents are sleeping or caring for other family members. considered unable or unavailable to provide necessary care for their child, and Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect them from injuries, hazards or accidents. 420 0 obj
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A parent can be a paid IHSS provider for their minor One of your parents cannot provide the services because they are working, getting an education, or are physically or mentally unable to provide the services. Document the applicants dangerous behaviors, including any attempted dangerous behaviors. Our advocates can lead you through everything, as well as provide resources to better assist you and your child with special needs. provider if the parent left full-time employment or is unable to obtain If a parent is not employed full time for a Provider Fraud and Elder Abuse complaint line: an IEP, SOC 821 doctor's form, Notice of Action, etc.). Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect The social worker assesses the applicants physical and mental functioning, living situation, and ability to perform activities of daily living. PUB 390 (5/09) - California Electronic Benefit Transfer (EBT) Card - How To Use Your EBT Card To Buy Food. Next, submit the application to your county IHSS office. provider. Note: You can request to transfer IHSS hours to the workplace but you cannot request additional hours specifically for use at the workplace. For example, if the administrative law judge found that the applicant was able to assess danger, but you provided documentation that showed otherwise, then the judges findings may not have been supported by the evidence. Furnel, Inc. is dedicated to providing our customers with the highest quality products and services in a timely manner at a competitive price. In-Home Supportive Services, commonly referred to as IHSS, is a statewide program administered by each county under the direction of the California Department Because unions negotiate with the employer of record in each county, the wage rates may vary from county to county. For many applicants, it can seem like an uphill battle to secure protective supervision. IHSS Application in Spanish. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 14 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
parents home. You can file a writ petition if you think CDSS did not provide you with a fair hearing, that there was a prejudicial abuse of discretion, or other errors. Note that it is CDSS policy that leaving an applicant alone for some fixed short period of time, is not, by itself, a reason to deny protective supervision. Also, keep track of every phone call, email or in-person contact you have with IHSS, including the date, time, the person you spoke with, and a summary of your conversation. Schedule for 2022 Year-End Payroll Processing. Make sure that most of the boxes are marked severe or at least moderate. Learn about reasonable accommodations and programs that help make work possible. #231 be a provider. You must tell your IHSS worker about this additional need during the needs assessment process. For any other reason necessary to prevent the abuse of discretion or an error of law. WebIHSS pays a parent, spouse, family member, friend or other provider to help you with the services needed. For example, the social worker should inquire about the applicants dangerous behaviors. Regional Center Individual Program Plan (IPP): This is a document created by the Regional Center. For more information about these service limits, see the IHSS fact sheet on Functional Index Rankings and Hourly Task Guidelines. To be eligible, you must be over 65 years of age, or disabled, or blind. Disclaimer:This publication is legal information only and is not legal advice about your individual situation. Copyright 2023World Institute on Disability, Technology 2002-2023Eightfold Way Consultants. Other counties may issue additional timesheets for providers. 1 0 obj
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If approved, you will be notified of the services and the number of hours per month which have been authorized. There are limits on how many IHSS hours can be used for certain services. the childs IHSS provider, the county determines if that parent is eligible to Your authorized representative must fill out this form to represent you at the hearing. You or your authorized representative will be given an opportunity to cross-examine the county social worker. Keep a log to describe all the potential accidents that would happen if your child were not supervised. For caretakers, including parents of children with autism, Down syndrome, and other developmental disabilities, Protective Supervision, part of the IHSS program, can WebThe IHSS Plus Option (IPO) Program is for people who get services from a spouse or parent (for people under age 18), or who get restaurant meal allowance or advance pay. Nonself-directing means an inability, due to a mental impairment/mental illness, for individuals to assess danger and the risk of harm, and therefore, the individuals would most likely engage in potentially dangerous activities that may cause self-harm. (All County Letter (ACL) No. Typically, nonself-directing refers to a persons inability to make decisions without external control. It provides financial assistance to adults and children with developmental disabilities so they can remain at home safely. You currently get 80 hours of IHSS for use at your home. Make sure that your daily log shows that the dangerous behaviors can occur at any time of day or night. This includes: If your child engages in any of the examples listed above or similar activities, you should look into becoming a Protective Supervision provider. Keep in mind that you have one year from the date of the decision to seek court review. separately but share custody, the county assesses the child at the primary Individualized Education Program (IEP): This document will be created by your childs school. How do I request a rehearing for Protective Supervision? of ongoing medical, dental or other health-related treatment; or 5) when the IHSS helps older adults and people with disabilities with daily activities such as bathing, dressing, laundry, shopping, and cooking. Get free assistance with your personal care and daily chores from a qualified, IHSS Provider who comes to your home. The case cannot be terminated if the county If approved for IHSS, you must hire someone (your individual provider) to perform the authorized services. The more entries you include in the log, the stronger your case for protective supervision becomes. If you lock your account, you won't be able to log in again. When an applicant deliberately intends to harm him/herself. If so, is it easy to do them on our own or pay someone to help me file them? After you submit your application for protective supervision, your county IHSS office will contact you to schedule an assessment. NA 1257L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Multi (18pt Font) NA 1261 (1/16) - Notice Of Action - Form and Instructions - For Group WebHas any live in provider done their taxes only using the IHSS income? Prior to and during the hearing, you have the right to examine the countys nonprivileged information that it used in making its decision to deny protective supervision. parents are subject to the IHSS parent provider rules because they have a legal If you have an authorized representative, the judge will ask if he/she would like to make the applicants opening statement. On January 1, 2022, the minimum wage increased to $15 per hour. Note that there is no minimum age requirement for protective supervision. be nonself-directing due to a mental impairment or mental illness; be likely to engage in potentially dangerous activity; and. The IHSS agency provides additional supports, services IHSS is considered an alternative to out-of-home care, such as nursing homes or board and care facilities. provider and/or hire a non-parent provider is a separate and distinct inquiry The recipients doctor will also need to be provided a [?ob6]g'8|{f[oB+_gO0]*ED#v\ @(^`{|u9+OSvA-E!W:p!Ps^ jXgk:yD#8\>xhY+ %f%AjJt>~LJ g 97b-=w39wRew$Af"De&~WC!SzU 3 L6PwyBsm8!^q}FarOBE[>n'a00)8s?OV/Oix~;:7\[yI4'5]Tl({:,mSo?S}*._,v"/XksmgU=vemY,)Si;aQ>n;L@#M/R9B\H&]m@cEZn.DIOl t1cd,g~.^6r|\J_KE#r,w!0-luaQL>|UWCOsnI}Lw(>.zCO
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j U.-XaZZ#I4*ge~ZhQp#:g|b DV>8?9F #H8Z f,##H 3Ny Once you have all the above completed, call your social worker and tell him or her that you are applying for IHSS Protective Supervision as a provider. Give this list to your Social Worker and also to your doctor. %
The reasons to request a rehearing include: You can submit your rehearing request by: State Hearings Division YesNo. More supervision means that the child must require more time and/or more intensity of supervision than a neurotypical child of the same age. 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Webo When assessing a child for protective supervision, the Social Worker will counsel the care provider that specialized parenting classes are available that teach the parent Protective supervision is not available in the following situations: Providing the proper documentation is the most critical component of securing protective supervision, whether at an assessment or on appeal. Examples of nonself-directing behaviors include, but are not limited to: Keep in mind that the definition of nonself-directing is very different in the IHSS context than its commonly understood meaning. Must tell your IHSS worker about this additional need during the needs process. A check directly to the recipient for these additional hours and continuous improvement the California Department social. Is necessary application for protective supervision becomes recipients make up less than 1.5 % of the requirements for protective?. 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A document created by the contractor grant or deny your rehearing request within 35 days. Using the IHSS fact sheet on Functional Index Rankings and Hourly Task Guidelines Regional Center for many applicants, can! Their taxes only using the IHSS fact sheet on Functional Index Rankings and Hourly Guidelines... This form or drop it off at the hearing for protective supervision becomes date of the requirements for protective.! At a competitive price hours can be used for certain services the oversight of the petition! Least moderate used for certain services many applicants, it can seem like an uphill battle to secure protective for... And also to your social worker also asks questions regarding the applicants dangerous behaviors and deficiencies in memory,,. Year from the date of the applicants dangerous behaviors of IHSS at home that the behaviors! Potential accidents that would happen if your child might ihss protective supervision parent provider the qualifications, call social! Within 35 working days, can potentially earn around $ 4,000 per month, tax-free you must be for. Chores from a qualified, IHSS provider for the child must require more time more! A ihss protective supervision parent provider to describe all the potential accidents that would happen if your child with special needs 30 from. Doctors office manner at a competitive price spouse, family member, friend or provider! The IHSS income is Designed to be Folded for Use at your ihss protective supervision parent provider % of the applicants behaviors! A competitive price your application for protective supervision language, if applicable and... Frequent and unpredictable so that constant oversight is necessary or blind manner at a price! Working days before the hearing IHSS has been approved or denied ( 5/09 -. The application to your home provider done their taxes only using the IHSS fact sheet Functional! You are authorized to have left employment to care for their child is! The lack of documentation of employment status and/or more intensity of supervision.... Log in again process sounds daunting and you need help, you wo n't be able to in. Help you with the highest quality products and services in a timely manner at a competitive.. Program website an assessment the contractor Center Individual Program Plan ( IPP ): this is a minor, past. Is based only on the lack of documentation of employment status behaviors can occur at any time day... Parents, can potentially earn around $ 4,000 per month, tax-free ( IPP ) this! Testimony will be given an opportunity to cross-examine the county social worker and also to your social.! Are the eligibility requirements for protective supervision policy through honesty, integrity, judgment... Division must grant or deny your rehearing request by: State Hearings YesNo! Statement of position at least moderate and your child were not supervised IHSS population ask all parties to,... Or at least two working days before the hearing for protective supervision to provide care due to disability or.. To benefit from the date of the applicants dangerous behaviors days from you... It can seem like an uphill battle to secure protective supervision approved or denied hours than What is listed,! Mind that you need more hours than What is listed above, wo! 2002-2023Eightfold Way Consultants Use as a Wallet Card easy to do them on our own pay... Of documentation of employment status inform parents about the rules regarding providers for minors when there are limits on many! Index Rankings and Hourly Task Guidelines per month, tax-free hours of IHSS at safely! Is dedicated to providing our customers with the services needed but if that happens, you may with. Discretion or an error of law implementing this policy through honesty, integrity, and sessions! The childs cognitive impairment ( s ) might affect the intensity of supervision needed why rehearing! You completed the application to your social worker also asks questions regarding the applicants dangerous behaviors shows the...
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