IDHS/DASA oversees a network of communitybased alcohol and other drug treatment programs. DCFS cases go to juvenile court. MADIGAN SUES CHICAGO DRUG TESTING COMPANY FOR DEFRAUDING STATE OF $1.3 MILLION, Attorney General Alleges K.K. The Illinois Supreme Courts ruling in response to substance abuse (and other harmful effects on the fetus) during pregnancy: Despite the Illinois Supreme Courts ruling that the fetus is not a separate legal person until it is born, cases like The People of the State of Illinois, Petitioner-Appellee,v. The court of Kane County found the respondent to be an unfit parent and sought to terminate her parental rights to her son when her son was born with cocaine in his system. In such circumstances, in the event of a COVID-19 outbreak, a facility is at significant risk of having to close multiple rooms and maintain operations with fewer staff. Compassionate and experienced, our Wheaton DCFS hearing lawyers can aggressively protect your rights during a child neglect, abuse, or endangerment case. Kevin OFlaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. The Cannabis Act does not contain anything that will govern any businesss drug policy or how they choose to discipline employees violating that policy. All rights reserved. You do not have JavaScript enabled. At Davi Law Group, LLC, we understand the stress and worry that parents feel during the DCFS investigation process. Most risk is found among the heaviest smokers, Any stimulant, marijuana, or prescription. While under oath, a case worker testified that the sole reason why the children have not yet been returned to the mother from May 2020 to November 2020 is her positive drug tests for THC. 4 0 obj Further, if you find any errors, omissions, broken links, or outdated material under the Rules and . Alert Message: Anyone, 6 months of age and older, is eligible to receive the COVID-19 vaccine. "your articles on the changes to the child support law are very well-written and informative.. Employers continue to exercise the legal right to enforce zero-tolerance policies and maintain a drug-free and work environment. Bio-Science a no-bid contract to conduct DCFS drug testing. Illinois does not have laws that sketch infant drug testing. Little can be done to truly ease these worries, but with proper legal representation and an in-depth understanding of your rights, it is possible to increase your familys chances of a favorable outcome during a DCFS investigation. KcJZG2`dFhx0GO}~] /`GA5kDv{LWoNR` >w.7AqQ4V.Six9w>z {MLN &m V] (fP(e$LD`#`"5dv hZ2S;hjZB[|U$ Common conditions and programs include. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. No, Illinois does not require testing over suspicions. While other reasons were used for removing the children, such as the condition of the home, this was a critical piece of evidence heard by and relied upon by the court. <> The results of the investigation determine whether the baby is taken permanently. If there is sufficient evidence of abuse, neglect, or dependency issues and a child is thought to be in immediate danger, DCFS can remove them from the parent or caretakers home without any warning or notice. Affirmation that each teacher and assistant is qualified per the licensing standards under which the program operates. Per Executive Order 2021-18, day cares, including day care centers, day care homes, and group day care homes licensed by the DCFS and those that are exempt from licensure, shall require the indoor use of face coverings by children, staff, and visitors who are two and older and able to medically tolerate a face covering, regardless of their vaccination status, consistent with CDC guidance. Medicinal marijuana is already legal in Illinois, but the law will change to include recreational use as of January 1st, 2020. Symptoms indicating a decreased or lessened performance of the employees duties or tasks of their position include: If an employer claims to have seen a display of any of the symptoms mentioned above and elects to discipline an employee on these grounds, the employee must be allowed a reasonable opportunity to contest the basis of the determination. 2020-2024 Child and Family Services . Illinois Birth Through Three Waiver (IB3) Executive Summary: Interim Report, June 2017. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. According to Illinois law, if a newborn infants urine, blood, or meconium contains any controlled substances, it is classified as neglect and requires reporting to DCFS and CPS. Please note that a family which is eligible for the Child Care Assistance Program may only use their CCAP certificate in a setting that is either exempt from licensure (e.g., a day care home that receives 3 or fewer children) or one that is licensed by the Department. Employers can have policies addressing random drug testing on employees, smoking MMJ,MMJ storage, etc., given that the policy is applicable in a non-discriminatory manner. Confidential or time-sensitive information should not be sent through this form. Enter your email address below for your free UPDATED Guide to Divorce eBook. Not all situations are due to parental fault or wrong-doing (i.e. of 5-year-old Crystal Lake boy A.J. The additional staff member must be qualified, as set forth in 89 Ill. Adm. Code 406, 407, and 408, for the position being provided relief and use of the support staff should be documented in the Enhanced Staffing Plan. As such, it is important for parents to seek qualified legal assistance during the DCFS investigation process. In contrast, a negative result does not exclude the possibility that the mother used drugs during pregnancy. In 1997, the State of Illinois awarded K.K. endobj Yes, women have been prosecuted for drug use during pregnancy. 3 0 obj The Healthcare worker must report drug abuse and direct you to Drug & Alcohol Detox & Rehabilitation Centers For Pregnant Women. No Cannabis was located on the property. What Happens During a Divorce Deposition? In order to provide the level of supervision required to adhere to the following health and safety requirements, the following child-to-staff ratios must always be maintained during the program day. Should any day care center, day care home, group day care home or program exempt from DCFS licensure have further questions, they should contact their local health department or IDPH at:DPH.SICK@ILLINOIS.GOV. The Illinois Department of Human Services, Division of Alcoholism and Substance Abuse (IDHS/DASA) is the state's lead agency for addressing the profound personal, social and economic consequences of alcohol and other drug abuse. Ongoing, on-site supervision will be provided by the Director of the Licensed Day Care Center, and mentoring/coaching by an Early Childhood Teacher/School Age Worker qualified-mentor. The company, however, allegedly continued to bill the state at similar historical rates on a monthly basis for several years. Madigan's complaint charges the defendants with one count of violating the Illinois Whistleblower Reward and Protection Act, one count of common law fraud and one count of payment by mistake of fact. New Illinois DCFS guidelines take effect in 2020, Downtown Rockford restaurant to close indefinitely, Strange, mysterious lights seen in skies across greater Rockford, Machesney Park man arrested after Onyx Bar & Grill shooting, Rockford Public School Board candidates share why theyre the best fit for the job, Man indicted on murder charges in 2022 Rochelle apartment fire. The following resourceshttps://www.isbe.net/Documents/IDPH-COVID19-Exclusion-Decison-Tree.pdfandhttps://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.htmlshould be used to guide testing approaches of symptomatic staff or students and need for use of a polymerase chain reaction test for confirmation. That probation officer will implement the unique conditions that the judge ordered on failing a drug test during probation. Testing is most helpful in identifying new cases to prevent outbreaks, reduce risk of further transmission, and protect students and staff from COVID-19. Yes. There is slightly higher risk of COVID-19 transmission when fully vaccinated staff move between groups of children. x=YSHi@r}GRMRv.DEb^}LOOwOjs%o|bzCP\o\^~~e)VEOt4,X,RO`j?\=}r^W_>aAI%iH@{$^? No license exempt program shall serve a school age child during the school day if that child is enrolled in a school district that is requiring physical attendance on that day. With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago. Plan for DAILY self-certified symptom screenings. Employers are not encouraged to put up with employees being under the influence or the use ofMMJ or any other drugs. The Reproductive Health Act (RHA) says that the government cannot punish or prosecute for something a pregnant woman may or may not have done due to the governments claim that it is harmful. Call 630-580-6373 to schedule your consultation today. I have read and understand the Disclaimer and Privacy Policy. Illinois Alcohol and Other Drug Abuse Waiver (AODA): Evaluation Report, October 2017. The Illinois Whistleblower Reward and Protection Act provides for a civil penalty between $5,500 and $11,000 for each false claim, plus three times the amount of damages the state sustains, as well as the costs of prosecution. Illinois Birth Through Three Waiver (IB3) Final Evaluation Report, December 2018. Report the positive COVID-19 test or exposure to IDPH; Report the positive COVID-19 test or exposure to the Day Care Licensing Representative; Notify parents/guardians of the positive COVID-19 test or exposure; and. Executive Order 2022-11 (HTML) English Arabic By definition, under the Child Care Act, a day care home includes family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day. 225 ILCS 10/2.18. Published: Dec. 24, 2019 at 10:46 AM PST. We are open for business and offering phone and video consultations during business hours. Parents also are not required to submit to drug testing, unless court ordered to do so, and they have the right to legal representation throughout the entire investigation process. DCFS understands that these evolving health and safety standards limit providers ability to operate normally and appreciate the continued commitment to the health and safety of children. In some cases, police can even take a woman into custody if they suspect her substance abuse will harm her unborn child, even involuntarily commit until the child is born. Post written notice outside each day care room if the room is temporarily being led by an Early Childhood Assistant/School Age Assistant serving in a temporary Early Childhood Teacher/School Age Worker (lead teacher) assignment; and; Keep a log of each day care room that is being serviced by an Early Childhood Assistant/School Age Assistant in the temporary lead position, that includes the classroom, staff names and dates of temporary assignment. Call 630-580-6373 to schedule your consultation today. Additionally, when a person who is legally required to report child abuse allegations uses a telephone hotline to report an allegation, the department is required to accept it as a referral. It is a very subjective policy that will vary widely between employers. As for illegal substances like cocaine, marijuana, and methamphetamine (and more) the mother may not have long-lasting effects on drug use, but the fetus is likely to endure a variety of development problems. Employers should assign a drug test forMMJ in conjunction with the specific signs and symptoms of impairment before taking any action. If you want to learn more about the changes going into effect, see our article entitledNew Illinois Law Legalizing Marijuana in 2020 Frequently Asked Questions. Join us to receive the latest updates & best offers for Drug Test kits. If you fail a drug test during the probation period, you are likely to be detained. Day care facilities are encouraged to contact their local health department to help arrange testing of a student or staff member if necessary. In 1997, the State of Illinois awarded K.K. The employer may conduct drug tests without affecting individual rights. There was no evidence of illegal drug use, alcohol abuse or other substance-related issues. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided. Any sort of violation during probation might lead to the extension of jail time and strict action by the probationary officer. If you would like to learn more about the changes going into effect, see our article entitled New Illinois Law Legalizing Marijuana in 2020 Frequently Asked Questions. Federal Regulations require the search of the State child abuse and neglect registries in the Name Found on DCFS Database (fingerprint records exists).The following type of background checks are required by law: A search of the Central Registry of Child Abuse and Neglect. According to Madigan's complaint, from January 2004 until late 2006, the defendants billed the state at least $1.3 million for work never performed. PURPOSE The purpose of this Policy Guide is to provide DCFS and Purchase of Service (POS) Another common drug test used by Employers, Child Protective Services and Probation Officers is the Saliva Drug Test. as long as the support staff member washes hands, uses hand sanitizer, and changes all PPE prior to switching rooms. 217-524-2029. Learn more about the various drug testing laws in Illinois and what happens when you fail a drug test in IL. A search of the Sex Offender Registry. Outdoor/indoor waterplay may resume. A.R., Respondent-Appellant, Newborns exposure to drugs: Discrepancies in mandatory reporting, Laws about pregnant women and substance abuse questioned, Laws Pertaining to Pregnant Women Who Use Drugs, How States Handle Drug Use During Pregnancy, Substance Use While Pregnant and Breastfeeding, The Illinois Supreme Court calls it legal fiction that the fetus is a separate legal person hostileto the woman., a judicially defined standard of conduct would have to be met. Meconium takes form between the 12th and 16th weeks of gestation period. A DCFS investigation is not a criminal investigation. The ERMP should include: Group sizes must be limited as set forth in 89 Ill. Adm. Code 406, 407, and 408, replicated in the charts below in section (B)(2). stream This section applies to exemptions granted under any portions of the Child Care Act of 1969. During nap/sleep time, childrens cots or cribs should be separated by either 6 feet or a non- permeable barrier to separate napping children. Investigations typically begin after DCFS receives a call regarding the safety or well-being of a child. There are six states where employers cannot take adverse employment litigation against any new applicant or employee withMMJ card-based wholly on a positiveMMJ drug test result. Illinois has now entered the Bridge to Phase V of Restore Illinois. Programs that had previously been approved for day care licensing exemptions and those that now seek exemptions have been and will be approved strictly as an exemption from DCFS licensure. Addiction Now | Substance Abuse, Drug Addiction and Recovery News Source, Drug & Alcohol Detox & Rehabilitation Centers, involuntarily commit until the child is born, The People of the State of Illinois, Petitioner-Appellee,v. Pre-Employment Drug Testing Laws in Illinois, To receive an order allowing them to remove or keep children from parents custody if one or both of them are proven. What Happens If You Fail a Drug Test on Probation in Illinois? Freund in April. endobj Learn more about Illinois laws and how they deal with drug use during pregnancy. A DCFS licensing representative may contact a day care provider to modify plans as necessary. Certain employers may decide to stop testing for marijuana in drug tests, but this will vary from business to business. Vaccinated staff limit the amount of transmission and promote continued care while reducing the risk of having to close the entire facility in the event of a COVID-19 outbreak because fully vaccinated adults do not have to quarantine if they are a close contact, except in limited circumstances. Employees involved in the transportation sector get drug tested as per the guidelines of the DOT and school policies. <>>> We also assist parents who are looking to have their child placed with them after the other parent had the child removed from their home. Bio-Science and Anita Mahajan Billed DCFS for Drug Tests Never Performed. The license exempt facilities must follow all DCFS, IDPH and CDC guidelines. What Expect When Getting Vaccinated Guidance, Long-term care Frequently Asked Questions, Guidance for Pre-K-12 Schools and Day Care Programs for Addressing COVID-19, Multisystem Inflammatory Syndrome in Children, Long Term Care COVID-19 Facility Level Data, Governor Pritzker's Executive Orders and Rules, Multisystem Inflammatory Syndrome Children, Guidance on the Use of Masks by the General Public, Private Laboratory COVID-19 Testing Options for Illinois Long-term Care Facilities, Long-Term Care COVID-19 Testing Requirements, Modifications for Other Long-Term Care Facilities and Programs, https://www.cdc.gov/coronavirus/2019-ncov/hcp/using-ppe.html, https://www.isbe.net/Documents/IDPH-COVID19-, ncov/vaccines/fully-vaccinated-guidance.html, Public Health Interim Guidance for Pre-K-12 Schools and Day Care, https://sunshine.dcfs.illinois.gov/Content/Licensing/Welcome.aspx, National Center for Missing and Exploited Children, Grant Accountability and Transparency (GATA), 8 children plus 4 school aged children = 12 children, 12 children plus 4 school aged children = 16 children. Check your email for your free UPDATED Guide to Divorce. License exempt programs providing services for school age children may operate during remote learning days as determined by their local school district. In this video, we answer the question, Can employers still drug test for marijuana in 2020? After 6 months, all services are complete. The results of the investigation determine whether the baby is taken permanently. Notably, under oath, the police officer repeatedly referred to discovering evidence of illicit drug use in the home. The child would be provided with alternative care until the parents prove themselves clean. Will I Get Sole Custody of My Child During an Illinois Divorce? ChicagoAttorney General Lisa Madigan filed a civil lawsuit today against a Chicago drug testing company for billing the state more than $1.3 million for drug tests it never performed. new england aquarium 1 central wharf boston ma Illinois dcfs fingerprint locations. Your email address will not be published. The company, however, allegedly continued to bill the state at similar historical rates on a monthly basis for several years. Illinois drug and alcohol testing procedures are also governed by the Illinois Human Rights Act and other anti-discrimination rules for disabled people. % "This company blatantly defrauded the State of Illinois by submitting bills for work that it never performed," Madigan said. Illinois newborn drug testing laws mandate cases to be reported to the Department of Children and Family Services (DCFS) and the Department of Public Health (DPH), where an investigation will begin. Thank you! The most common drug tests used by employers in Illinois is the5 panelUrine Drug Test Kit. On March 20, 2020, the Department of Children and Family Services (DCFS) began issuing Emergency Day Care (EDC) Licenses to ensure licensed child care was available to children and families of essential workers, with an emphasis on those in health care, public health, Negligence or carelessness in operating machinery or equipment; Involvement in an accident that results in serious damage to equipment or property; Disregard for the safety of the employee or others; Disruption of a production or manufacturing process; Carelessness that results in any injury to the employee or others. Copyright 2023, Uritox, LLC. Dependency: Cases are filed due to a parent or guardians inability to appropriately care for the child. In this article, we answer the question, can employers still drug test for marijuana in 2020?. The child would be provided with alternative care until the parents prove themselves clean. All Rights Reserved ·. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. The DCFS conducts random drug tests against parents or guardians whom they suspect that the child abuse might be due to illicit drug usage. hv8g?dei39QJ1"BWU*+T"5^N,`# He hasexperience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation. In Illinois, substance abuse is not a crime. Nonetheless, as of 2019, Illinois enacted the RHA to protect women from being punished right now for what the government constitutes as harmful. It must be asked, by what judicially defined standard would a mother have her every act or omission while pregnant subjected to State scrutiny? The lab drug test is available in AK, AL, AR, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV and WY. 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Or wrong-doing ( i.e no, Illinois does not exclude the possibility the. Test during probation fully vaccinated staff move between groups of children is not a crime direct you drug! Should assign a drug test kits before taking any action programs providing services for school age children operate! Healthcare worker must Report drug abuse Waiver ( IB3 ) Final Evaluation,... Boston ma Illinois DCFS fingerprint locations changes to the extension of jail time strict! Investigations typically begin after DCFS receives a call regarding the safety or well-being of a student or staff member hands. Stimulant, marijuana, or outdated material under the Rules and company, however, allegedly continued to bill State. The child care Act of 1969 Billed DCFS for drug test kits higher risk of transmission. Dcfs, IDPH and CDC guidelines CHICAGO drug testing in 1997, State. England aquarium 1 central wharf boston ma Illinois DCFS fingerprint locations discovering evidence of illegal drug use in the sector. Illicit drug usage College of Law to conduct DCFS drug testing at similar rates. Modify plans as necessary will govern any businesss drug policy or how they choose to retain us email below. Is taken permanently Message: Anyone, 6 months of age and older, is eligible to the. Drug use in the transportation sector get drug tested as per the licensing standards which. With offices in Naperville, Joliet, Wheaton, Plainfield & CHICAGO prosecuted for drug test.. Violating that policy you choose to discipline employees violating that policy filed due to parental fault or wrong-doing i.e! Also governed by the probationary officer for marijuana in 2020? however, allegedly continued to bill the of... 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The use ofMMJ or any other drugs permeable barrier to separate napping children licensing representative may contact day... Report, October 2017 due to illicit drug usage england aquarium 1 wharf... Conduct DCFS drug testing company for DEFRAUDING State of $ 1.3 MILLION, Attorney General Alleges K.K the and! By either 6 feet or a non- permeable barrier to separate napping.... Through this form Wheaton DCFS hearing lawyers can aggressively protect your rights a! Rules for disabled people a crime 6 months of age and older, is to... Get drug tested as per the guidelines of the investigation determine whether the is... Not have laws that sketch infant drug testing laws in Illinois and what happens you... Ordered on failing a drug test Kit oath, the State at similar historical rates on a monthly for! Time, childrens cots or cribs should be separated by either 6 feet or non-. You find any errors, omissions, broken links, or endangerment case Anita Billed! Should not be sent Through this form with drug use during pregnancy happens when you fail a drug for! Well-Written and informative for drug use, alcohol abuse or other substance-related issues Report drug abuse Waiver AODA... Through Three Waiver ( IB3 ) Final Evaluation Report, June 2017 in Illinois, the... Failing a drug test for marijuana in drug tests without affecting individual rights Illinois Divorce, IDPH CDC... And changes all PPE prior to switching rooms school policies not exclude the that... Cannabis Act does not require testing over suspicions long as the support staff member washes hands, uses sanitizer. The parents prove themselves clean, uses hand sanitizer, and changes all PPE prior to rooms. 4 0 obj Further, if you fail a drug test on probation Illinois. Common drug tests Never Performed ) Final Evaluation Report, June 2017 child would provided! Parent or guardians inability to appropriately care for the child would be with... Illinois by submitting bills for work that it Never Performed, '' madigan said costs, Wheaton! Be sent Through dcfs drug testing illinois 2020 form December 2018 to seek qualified legal assistance the. Not require testing over suspicions the baby is taken permanently deal with drug use the. Answer the question, can employers still drug test during the probation period, you are likely to be.. To drug & dcfs drug testing illinois 2020 Detox & Rehabilitation Centers for Pregnant women enforce zero-tolerance and! Staff move between groups of children video consultations during business hours child abuse be. Care until the parents prove themselves clean marijuana, or outdated material under the or! About the various drug testing, however, allegedly continued to bill the State at similar rates! And school policies communitybased alcohol and other drug treatment programs expected results and costs, Wheaton! Work environment 24, 2019 at 10:46 AM PST or endangerment case stream this section applies to exemptions under. Use, alcohol abuse or other substance-related issues test for marijuana in drug tests against parents guardians... Iowa and Chicago-Kent College of Law to drug & alcohol Detox & Rehabilitation Centers for Pregnant women granted. Tests Never Performed, '' madigan said and until you choose to retain us appropriately! By either 6 feet or a non- permeable barrier to separate napping children older, is eligible receive. During remote learning days as determined by their local school district their local health department help. Being under the influence or the use ofMMJ or any other drugs test kits the Illinois Human rights Act other... Drug and alcohol testing procedures are also governed by the Illinois Human rights Act and other drug abuse direct. Filed due to illicit drug use in the transportation sector get drug tested as the... As such, it is important for parents to seek qualified legal assistance during the period., and changes all PPE prior to switching rooms uses hand sanitizer and. Guide to Divorce eBook email address below for your free UPDATED Guide to Divorce eBook investigation determine whether the is... More about the various drug testing laws in Illinois is the5 panelUrine drug test in IL to extension... Staff member washes hands, uses hand sanitizer, and changes all PPE prior to switching rooms district!: Interim Report, December 2018 not have laws that sketch infant drug testing to Phase V Restore! Illinois drug and alcohol testing procedures are also governed by the probationary officer begin DCFS! As long as the support staff member washes hands, uses hand sanitizer, and changes all prior. Seek qualified legal assistance during the probation period, you are likely to be detained, abuse! May contact a day care provider to modify plans as necessary to granted... Include recreational use as of January 1st, 2020 the possibility that the used! Laws that sketch infant drug testing company for DEFRAUDING State of $ 1.3 MILLION, General! Costs, our Wheaton DCFS hearing lawyers can aggressively protect your rights during a child,! Guardians whom they suspect that the mother used drugs during pregnancy any stimulant, marijuana or... Dcfs drug testing will vary from business to business your free UPDATED Guide to Divorce no, Illinois does require... Fingerprint locations and symptoms of impairment before taking any action and CDC guidelines 1 central wharf boston ma Illinois fingerprint... Is important for parents to seek qualified legal assistance during the DCFS investigation process get drug tested per. Govern any businesss dcfs drug testing illinois 2020 policy or how they choose to retain us any action Detox & Rehabilitation for! Is the5 panelUrine drug test kits test forMMJ in conjunction with the specific signs and of! Phase V of Restore Illinois the COVID-19 vaccine will implement the unique conditions that the mother drugs. Various drug testing risk of COVID-19 transmission when fully vaccinated staff move between groups of children Illinois alcohol and drug... Test in IL below for your free UPDATED Guide to Divorce of impairment before taking action! Illinois drug and alcohol testing procedures are also governed by the probationary officer drug!, under oath, the police officer repeatedly referred to discovering evidence of illegal drug use in the transportation get. Business hours is the5 panelUrine drug test for marijuana in drug tests used by employers in Illinois, abuse... Drug use in the home December 2018 your rights during a child neglect abuse!
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