senate Bill S6294A

2011-2012 Legislative Session

Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive intervention methods and techniques

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 23, 2012 advanced to third reading
May 22, 2012 2nd report cal.
May 21, 2012 1st report cal.851
Mar 27, 2012 print number 6294a
amend and recommit to children and families
Jan 20, 2012 referred to children and families

Votes

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May 21, 2012 - Children and Families committee Vote

S6294A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 21, 2012

Bill Amendments

Original
A (Active)
Original
A (Active)

S6294 - Bill Details

See Assembly Version of this Bill:
A9084A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §483-d, Soc Serv L

S6294 - Bill Texts

view summary

Requires the out-of-state placement committee to develop standards, regulations and recommendations for adverse crisis intervention methods and techniques.

view sponsor memo
BILL NUMBER:S6294

TITLE OF BILL:
An act
to amend the social services law, in
relation to the development of standards for the use of aversive
interventions
for children in public and private schools and programs, including
residential facilities

PURPOSE:
To amend the Social Services law, to prohibit public funding to
facilities providing aversive interventions, including but not
limited to electroshock therapy.

SUMMARY OF PROVISIONS:
Section 1. Subdivisions 7, 8, and 9 of section 483-d of the social
services law are renumbered subdivisions 8, 9 and 10 and a new
subdivision 7 is added to read as follows:

No public funding shall be used to promote aversive interventions on
children. A school or program that uses aversive interventions shall
be removed from the approved registry schools list after an agency
member turns in a written notice.

(b). Definitions

(i). 'Aversive interventions' is defined as an act to inflict pain or
distress for the purpose of eradicating certain behaviors of a child.
These include but are not limited to; the contingent application of
noxious, painful, intrusive stimuli or activities, denial or delay of
meals, movement limitation as punishment, inhalants, withholding
sleep, shelter, bedding, bathroom facilities or clothing limitations
etc.

(ii). A Child is defined as a person twenty-one years or younger.
However, a qualified member agency may specify a different age, to
conform to industry practice.

(iii). 'Member agency' means a state agency that is a member of the
out-of-state placement committee.

(iv). 'Public funding' means funding for care, services,
and programs, that are provided or approved directly or indirectly by
or under the jurisdiction of a member agency.

(v). 'Care', 'services', and 'service program' have the same meanings
as in subdivision one of section four hundred eighty-three--b of this
article.

(vi). 'School' means any residential or non-residential public or
private school located within or outside the state that provides
instruction to a child. A "school" includes a public school, BOCES,
chatter school, preschool program, private school, a state-operated
or state-supported school in this state, or registered nonpublic
nursery.

(vii). 'Program' means any residential or non-residential public or
private program, other than school, that provides care, services,
programs, and services to a child.

JUSTIFICATION:
Use of aversive interventions violate a child's rights and his or her
well being. Continuous use of aversive intervention can lead to death
or mental psychological injuries.

LEGISLATIVE HISTORY:
S.207A of 2008 (Social Services, Children and Families; Finance)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect as soon as member agencies of the
out-of-state placement committee are authorized and directed to
promulgate any regulations necessary to implement the provisions of
this act.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6294                                                  A. 9084

                      S E N A T E - A S S E M B L Y

                            January 20, 2012
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Children  and
  Families

IN  ASSEMBLY -- Introduced by M. of A. MILLMAN -- read once and referred
  to the Committee on Children and Families

AN ACT to amend the social services law, in relation to the  development
  of  standards  for  the  use of aversive interventions for children in
  public and private schools and programs, including residential facili-
  ties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  7,  8  and 9 of section 483-d of the social
services law are renumbered subdivisions 8, 9 and 10 and a new  subdivi-
sion 7 is added to read as follows:
  7. AVERSIVE INTERVENTIONS.  (A) NO PUBLIC FUNDING SHALL SUPPORT PLACE-
MENT  OF  A  CHILD  IN  ANY PROGRAM OR SCHOOL THAT ENGAGES IN THE USE OF
AVERSIVE INTERVENTIONS ON CHILDREN IN VIOLATION OF THIS SUBDIVISION.   A
SCHOOL  OR  PROGRAM  USING  AVERSIVE  INTERVENTIONS IN VIOLATION OF THIS
SUBDIVISION SHALL BE REMOVED FROM ANY REGISTRY OF  APPROVED  SCHOOLS  OR
PROGRAMS AFTER WRITTEN NOTICE BY THE MEMBER AGENCY.
  (B) DEFINITIONS. AS USED IN THIS SUBDIVISION:
  (I)  "AVERSIVE  INTERVENTIONS" MEANS AN INTERVENTION KNOWN OR INTENDED
TO INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR  REDUCING
MALADAPTIVE BEHAVIORS, AND INCLUDE BUT ARE NOT LIMITED TO:
  (1)  CONTINGENT  APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE STIMULI OR
ACTIVITIES;
  (2) ANY FORM OF NOXIOUS, PAINFUL, OR INTRUSIVE TASTE, SPRAY, OR  INHA-
LANT;
  (3) WITHHOLDING SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES OR CLOTH-
ING;
  (4)  CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS OR
INTENTIONALLY ALTERING  STAPLE  FOOD  OR  DRINK  IN  ORDER  TO  MAKE  IT
DISTASTEFUL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13753-01-2

S. 6294                             2                            A. 9084

  (5) MOVEMENT LIMITATION USED AS A PUNISHMENT, INCLUDING BUT NOT LIMIT-
ED TO USE OF HELMETS AND MECHANICAL RESTRAINT DEVICES;
  (6) OTHER SIMILAR STIMULI, TREATMENTS, INTERVENTIONS, OR ACTIONS.
  THE  FOREGOING TO THE CONTRARY NOTWITHSTANDING, AVERSIVE INTERVENTIONS
DO NOT INCLUDE INTERVENTIONS SUCH AS VOICE  CONTROL,  LIMITED  TO  LOUD,
FIRM COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES
AS  PART  OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT
OR PREVENT A SPECIFIC BEHAVIOR; INTERVENTIONS  MEDICALLY  NECESSARY  FOR
THE  TREATMENT  OR  PROTECTION  OF  THE STUDENT; OR OTHER SIMILAR INTER-
VENTIONS.
  (II) "CHILD" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE  YEARS  OF  AGE  OR
LESS,  PROVIDED  THAT  A  MEMBER AGENCY MAY UTILIZE AN ALTERNATIVE DEFI-
NITION OF A CHILD, INCLUDING SPECIFYING A DIFFERENT AGE, FOR PURPOSES OF
COMPLIANCE WITH THIS SUBDIVISION, SO LONG AS SUCH DEFINITION IS STANDARD
AND APPROPRIATE TO ITS PLACEMENT PROCEDURES.
  (III) "MEMBER AGENCY" MEANS A STATE AGENCY THAT IS  A  MEMBER  OF  THE
OUT-OF-STATE PLACEMENT COMMITTEE.
  (IV)  "PUBLIC FUNDING" MEANS FUNDING FOR CARE, SERVICES, PROGRAMS, AND
SERVICES PROGRAMS WHICH ARE PROVIDED OR APPROVED DIRECTLY OR  INDIRECTLY
BY  OR  UNDER  THE JURISDICTION OF A MEMBER AGENCY, EXCLUSIVE OF FUNDING
FOR WHICH FEDERAL REQUIREMENTS OR  DIRECTIVES  OVERRIDE,  SUPERSEDE,  OR
REQUIRE APPROVAL IN A MANNER CONTRARY TO THE REQUIREMENTS OF THIS SUBDI-
VISION,  OR  FOR WHICH, IN THE JUDGMENT OF THE MEMBER AGENCY, COMPLIANCE
WITH THIS SUBDIVISION WOULD VIOLATE FEDERAL LAW OR REGULATIONS.
  (V) THE TERMS "CARE," "SERVICES," AND  "SERVICES  PROGRAMS"  HAVE  THE
SAME   MEANINGS   AS   IN   SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED
EIGHTY-THREE-B OF THIS ARTICLE.
  (VI) "SCHOOL" MEANS  ANY  RESIDENTIAL  OR  NON-RESIDENTIAL  PUBLIC  OR
PRIVATE  SCHOOL  LOCATED  WITHIN  OR  OUTSIDE  THE  STATE  THAT PROVIDES
INSTRUCTION TO  A  CHILD  AND  THAT:    (A)  IS  SUBJECT  TO  OVERSIGHT,
INSPECTION,  REGULATION,  APPROVAL  OR LICENSURE OR CERTIFICATION BY ANY
MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING FUNDING FOR THE
PLACEMENT OF ANY CHILD IN SUCH SCHOOL.  SCHOOL AS USED HEREIN INCLUDES A
PUBLIC SCHOOL, BOCES, CHARTER SCHOOL, PRESCHOOL PROGRAM, PRIVATE SCHOOL,
STATE-OPERATED  OR  STATE-SUPPORTED  SCHOOL  IN  THIS  STATE,   APPROVED
OUT-OF-STATE DAY OR RESIDENTIAL SCHOOL, OR REGISTERED NONPUBLIC NURSERY,
KINDERGARTEN, ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE.
  (VII)  "PROGRAM"  MEANS  ANY  RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
PRIVATE PROGRAM, OTHER THAN A  SCHOOL,  THAT  PROVIDES  CARE,  SERVICES,
PROGRAMS,  AND  SERVICES PROGRAMS TO A CHILD AND THAT: (A) IS SUBJECT TO
OVERSIGHT, INSPECTION, REGULATION,  APPROVAL  OR  LICENSURE  OR  CERTIF-
ICATION  BY ANY MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING
FUNDING FOR THE PLACEMENT OF ANY CHILD IN SUCH SCHOOL.
  S 2. Severability. If any portion of this act or the application ther-
eof to any person or circumstances shall be adjudged invalid by a  court
of  competent  jurisdiction, such order or judgment shall be confined in
its operation to the controversy in which it was rendered, and shall not
affect or invalidate the remainder of any provision of this act  or  the
application of any part thereof to any other person or circumstances and
to this end each of the provisions of this act are hereby declared to be
separable.
  S 3. This act shall take effect October 1, 2012; provided that, effec-
tive  immediately, member agencies of the out-of-state placement commit-
tee are authorized and directed to promulgate any regulations  necessary
to implement the provisions of this act on such effective date.

S6294A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9084A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §483-d, Soc Serv L

S6294A (ACTIVE) - Bill Texts

view summary

Requires the out-of-state placement committee to develop standards, regulations and recommendations for adverse crisis intervention methods and techniques.

view sponsor memo
BILL NUMBER:S6294A

TITLE OF BILL:
An act
to amend the social services law, in
relation to the development of standards for the use of aversive
interventions
for children in public and private schools and programs, including
residential facilities

PURPOSE:
To amend the Social Services law, to prohibit public funding to
facilities providing aversive interventions, including but not
limited to electric shock therapy.

SUMMARY OF PROVISIONS:
Section 1. Subdivisions 7, 8, and 9 of section 483-d of the social
services law are renumbered subdivisions 8, 9 and 10 and a new
subdivision 7 is added to read as follows:

No public funding shall be used to promote aversive interventions on
children. A school or program that uses aversive interventions shall
be removed from the approved registry schools list after an agency
member turns in a written notice.

(b). Definitions

(i). 'Aversive interventions' is defined as an act to inflict pain or
distress for the purpose of eradicating certain behaviors of a child.
These include but are not limited to; the contingent application of
noxious, painful, intrusive stimuli or activities, denial or delay of
meals, movement limitation as punishment, inhalants, withholding
sleep, shelter, bedding, bathroom facilities or clothing limitations
etc.

(ii). A Child is defined as a person twenty-one years or younger.
However, a qualified member agency may specify a different age, to
conform to industry practice.

(iii). 'Member agency' means a state agency that is a member of the
out-of-state placement committee.

(iv). 'Public funding' means funding for care, services, and programs,
that are provided or approved directly or indirectly by or under the
jurisdiction of a member agency.

(v). 'Care', 'services', and 'service program' have the same meanings
as in subdivision one of section four hundred eighty-three--b of this
article.

(vi). 'School' means any residential or non-residential public or
private school located within or outside the state that provides
instruction to a child. A "school" includes a public school, BOCES,
chatter school, preschool program, private school, a state-operated
or state-supported school in this state, or registered nonpublic
nursery.


(vii). 'Program' means any residential or non-residential public or
private program, other than school, that provides care, services,
programs, and services to a child.

JUSTIFICATION:
Use of aversive interventions violate a child's rights and his or her
well being. Continuous use of aversive intervention, such as electric
shock therapy, can lead to death or mental psychological injuries.

LEGISLATIVE HISTORY:
S.207A of 2008 (Social Services, Children & Families; Finance)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect October 12, 2012, provided that, effective
immediately, member agencies of the out-of-state placement committee
are authorized and directed to promulgate any regulations necessary
to implement the provisions of this act on such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6294--A                                            A. 9084--A

                      S E N A T E - A S S E M B L Y

                            January 20, 2012
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Children  and
  Families  --  committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. MILLMAN -- read once and  referred
  to  the  Committee  on  Children and Families -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the social services law, in relation to the development
  of standards for the use of aversive  interventions  for  children  in
  public and private schools and programs, including residential facili-
  ties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 7, 8 and 9 of  section  483-d  of  the  social
services  law are renumbered subdivisions 8, 9 and 10 and a new subdivi-
sion 7 is added to read as follows:
  7. AVERSIVE INTERVENTIONS.  (A) NO PUBLIC FUNDING SHALL SUPPORT PLACE-
MENT OF A CHILD IN ANY PROGRAM OR SCHOOL THAT  ENGAGES  IN  THE  USE  OF
AVERSIVE  INTERVENTIONS ON CHILDREN IN VIOLATION OF THIS SUBDIVISION.  A
SCHOOL OR PROGRAM USING AVERSIVE  INTERVENTIONS  IN  VIOLATION  OF  THIS
SUBDIVISION  SHALL  BE  REMOVED FROM ANY REGISTRY OF APPROVED SCHOOLS OR
PROGRAMS AFTER WRITTEN NOTICE BY THE MEMBER AGENCY.
  (B) DEFINITIONS. AS USED IN THIS SUBDIVISION:
  (I) "AVERSIVE INTERVENTIONS" MEANS AN INTERVENTION KNOWN  OR  INTENDED
TO  INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR REDUCING
MALADAPTIVE BEHAVIORS, AND INCLUDE BUT ARE NOT LIMITED TO:
  (1) CONTINGENT APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE  STIMULI  OR
ACTIVITIES;
  (2)  ANY FORM OF NOXIOUS, PAINFUL, OR INTRUSIVE TASTE, SPRAY, OR INHA-
LANT;
  (3) WITHHOLDING SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES OR CLOTH-
ING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13753-02-2

S. 6294--A                          2                         A. 9084--A

  (4) CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS  OR
INTENTIONALLY  ALTERING  STAPLE  FOOD  OR  DRINK  IN  ORDER  TO  MAKE IT
DISTASTEFUL;
  (5) MOVEMENT LIMITATION USED AS A PUNISHMENT, INCLUDING BUT NOT LIMIT-
ED TO USE OF HELMETS AND MECHANICAL RESTRAINT DEVICES;
  (6) ELECTRIC SHOCK THERAPY; AND
  (7) OTHER SIMILAR STIMULI, TREATMENTS, INTERVENTIONS, OR ACTIONS.
  THE  FOREGOING TO THE CONTRARY NOTWITHSTANDING, AVERSIVE INTERVENTIONS
DO NOT INCLUDE INTERVENTIONS SUCH AS VOICE  CONTROL,  LIMITED  TO  LOUD,
FIRM COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES
AS  PART  OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT
OR PREVENT A SPECIFIC BEHAVIOR; INTERVENTIONS  MEDICALLY  NECESSARY  FOR
THE  TREATMENT  OR  PROTECTION  OF  THE STUDENT; OR OTHER SIMILAR INTER-
VENTIONS.
  (II) "CHILD" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE  YEARS  OF  AGE  OR
LESS,  PROVIDED  THAT  A  MEMBER AGENCY MAY UTILIZE AN ALTERNATIVE DEFI-
NITION OF A CHILD, INCLUDING SPECIFYING A DIFFERENT AGE, FOR PURPOSES OF
COMPLIANCE WITH THIS SUBDIVISION, SO LONG AS SUCH DEFINITION IS STANDARD
AND APPROPRIATE TO ITS PLACEMENT PROCEDURES.
  (III) "MEMBER AGENCY" MEANS A STATE AGENCY THAT IS  A  MEMBER  OF  THE
OUT-OF-STATE PLACEMENT COMMITTEE.
  (IV)  "PUBLIC FUNDING" MEANS FUNDING FOR CARE, SERVICES, PROGRAMS, AND
SERVICES PROGRAMS WHICH ARE PROVIDED OR APPROVED DIRECTLY OR  INDIRECTLY
BY  OR  UNDER  THE JURISDICTION OF A MEMBER AGENCY, EXCLUSIVE OF FUNDING
FOR WHICH FEDERAL REQUIREMENTS OR  DIRECTIVES  OVERRIDE,  SUPERSEDE,  OR
REQUIRE APPROVAL IN A MANNER CONTRARY TO THE REQUIREMENTS OF THIS SUBDI-
VISION,  OR  FOR WHICH, IN THE JUDGMENT OF THE MEMBER AGENCY, COMPLIANCE
WITH THIS SUBDIVISION WOULD VIOLATE FEDERAL LAW OR REGULATIONS.
  (V) THE TERMS "CARE," "SERVICES," AND  "SERVICES  PROGRAMS"  HAVE  THE
SAME   MEANINGS   AS   IN   SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED
EIGHTY-THREE-B OF THIS ARTICLE.
  (VI) "SCHOOL" MEANS  ANY  RESIDENTIAL  OR  NON-RESIDENTIAL  PUBLIC  OR
PRIVATE  SCHOOL  LOCATED  WITHIN  OR  OUTSIDE  THE  STATE  THAT PROVIDES
INSTRUCTION TO  A  CHILD  AND  THAT:    (A)  IS  SUBJECT  TO  OVERSIGHT,
INSPECTION,  REGULATION,  APPROVAL  OR LICENSURE OR CERTIFICATION BY ANY
MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING FUNDING FOR THE
PLACEMENT OF ANY CHILD IN SUCH SCHOOL.  SCHOOL AS USED HEREIN INCLUDES A
PUBLIC SCHOOL, BOCES, CHARTER SCHOOL, PRESCHOOL PROGRAM, PRIVATE SCHOOL,
STATE-OPERATED  OR  STATE-SUPPORTED  SCHOOL  IN  THIS  STATE,   APPROVED
OUT-OF-STATE DAY OR RESIDENTIAL SCHOOL, OR REGISTERED NONPUBLIC NURSERY,
KINDERGARTEN, ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE.
  (VII)  "PROGRAM"  MEANS  ANY  RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
PRIVATE PROGRAM, OTHER THAN A  SCHOOL,  THAT  PROVIDES  CARE,  SERVICES,
PROGRAMS,  AND  SERVICES PROGRAMS TO A CHILD AND THAT: (A) IS SUBJECT TO
OVERSIGHT, INSPECTION, REGULATION,  APPROVAL  OR  LICENSURE  OR  CERTIF-
ICATION  BY ANY MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING
FUNDING FOR THE PLACEMENT OF ANY CHILD IN SUCH SCHOOL.
  S 2. Severability. If any portion of this act or the application ther-
eof to any person or circumstances shall be adjudged invalid by a  court
of  competent  jurisdiction, such order or judgment shall be confined in
its operation to the controversy in which it was rendered, and shall not
affect or invalidate the remainder of any provision of this act  or  the
application of any part thereof to any other person or circumstances and
to this end each of the provisions of this act are hereby declared to be
separable.

S. 6294--A                          3                         A. 9084--A

  S 3. This act shall take effect October 1, 2012; provided that, effec-
tive  immediately, member agencies of the out-of-state placement commit-
tee are authorized and directed to promulgate any regulations  necessary
to implement the provisions of this act on such effective date.

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