North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1120 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1120
4-(Human Services Committee)
1+25.8086.01001
2+Title.02000
3+Adopted by the Human Services
4+Committee
5+Sixty-ninth
6+January 13, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Human Services Committee
511 (At the request of the Department of Health and Human Services)
6-AN ACT to amend and reenact sections 14-15-09, 14-15-11, 50-12-09, 50-12-10, and 50-12-17 of the
7-North Dakota Century Code, relating to the revised uniform adoption act and child-placing
8-agencies; to repeal sections 50-12-02.1 and 50-12-11 of the North Dakota Century Code,
9-relating to out-of-state child-placing agencies and revocation of license; and to provide a penalty.
12+A BILL for an Act to amend and reenact sections 14-15-09, 14-15-11, 50-12-09, 50-12-10, and
13+50-12-17 of the North Dakota Century Code, relating to the revised uniform adoption act and
14+child-placing agencies; to repeal sections 50-12-02.1 and 50-12-11 of the North Dakota Century
15+Code, relating to out-of-state child-placing agencies and revocation of license; and to provide a
16+penalty.
1017 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11-SECTION 1. AMENDMENT. Section 14-15-09 of the North Dakota Century Code is amended and
12-reenacted as follows:
18+SECTION 1. AMENDMENT. Section 14-15-09 of the North Dakota Century Code is
19+amended and reenacted as follows:
1320 14-15-09. Petition for adoption.
14-1.A petition for adoption must be signed and verified by the petitioner, filed with the clerk of the
15-court, and state:
21+1.A petition for adoption must be signed and verified by the petitioner, filed with the clerk
22+of the court, and state:
1623 a.The date and place of birth of the individual to be adopted, if known.
1724 b.The name to be used for the individual to be adopted.
18-c.The date petitioner acquired custody or date of placement of the minor and the name of
19-the individual placing the minor.
25+c.The date petitioner acquired custody or date of placement of the minor and the
26+name of the individual placing the minor.
2027 d.The full name, age, place, and duration of residence of the petitioner.
21-e.The marital status of the petitioner, including the date and place of marriage, if married.
22-f.That the petitioner has facilities and resources, including those available under a subsidy
23-agreement, suitable to provide for the nurture and care of the minor to be adopted, and
24-that it is the desire of the petitioner to establish the relationship of parent and child with
25-the individual to be adopted.
26-g.A description and estimate of value of any property of the individual to be adopted.
27-h.The name of any individual whose consent to the adoption is required, but who has not
28-consented, and facts or circumstances which excuse the lack of the individual's consent
29-normally required to the adoption.
28+e.The marital status of the petitioner, including the date and place of marriage, if
29+married.
30+f.That the petitioner has facilities and resources, including those available under a
31+subsidy agreement, suitable to provide for the nurture and care of the minor to be
32+Page No. 1 25.8086.01001
33+ HOUSE BILL NO. 1120
34+PROPOSED AMENDMENTS TO
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56+adopted, and that it is the desire of the petitioner to establish the relationship of
57+parent and child with the individual to be adopted.
58+g.A description and estimate of value of any property of the individual to be
59+adopted.
60+h.The name of any individual whose consent to the adoption is required, but who
61+has not consented, and facts or circumstances which excuse the lack of the
62+individual's consent normally required to the adoption.
3063 i.The department as respondent.
31-j.The human service zone as respondent if the minor to be adopted is in the custody of the
32-human service zone.
33-k.That the petitioner's expenses were reasonable as verified by the court. Reasonable fees
34-may be charged for professional services and living expenses if reflected in a report of
35-agreements and disbursements filed under this chapter and approved by the court. The
36-fees may not be contingent upon placement of the child for adoption, consent to
37-adoption, or cooperation in the completion of adoption. Reasonable fees may include:
38-(1)Preplacement counseling, adoption assessment, placement of the child, foster care,
39-or other preadoption services, which must be paid directly to the provider of the
40-services; H. B. NO. 1120 - PAGE 2
41-(2)Legal fees relating to the petition for relinquishment or adoption, that must be paid
42-directly to the provider of the services;
43-(3)Medical expenses relating to prenatal care and the birth of the child, that are not
44-already covered by health insurance;
45-(4)Expenses for transportation, meals, and lodging incurred for placement of the child
46-or in order to receive counseling, legal, or medical services related to the
47-pregnancy, birth, or placement; and
48-(5)Living expenses of the birth mother which are needed to maintain an adequate
49-standard of living, which the birth mother is unable to otherwise maintain because of
50-loss of income or other support resulting from the pregnancy.
51-(a)The payments may cover expenses incurred during the pregnancy-related
52-incapacity but not for a period longer than six weeks following the delivery,
53-unless the court determines within the six-week period that the birth mother is
54-unable to be employed due to physical limitations relating to the birth of the
55-child.
56-(b)Living expenses do not include expenses for lost wages, gifts, educational
57-expenses, vacations, or other similar expenses of a birth mother.
58-2.A certified copy of the birth certificate or verification of birth record of the individual to be
59-adopted, if available, and the required consents and relinquishments must be filed with the
60-clerk.
64+j.The human service zone as respondent if the minor to be adopted is in the
65+custody of the human service zone.
66+k.That the petitioner's expenses were reasonable as verified by the court.
67+Reasonable fees may be charged for professional services and living expenses if
68+reflected in a report of agreements and disbursements filed under this chapter
69+and approved by the court. The fees may not be contingent upon placement of
70+the child for adoption, consent to adoption, or cooperation in the completion of
71+adoption. Reasonable fees may include:
72+(1)Preplacement counseling, adoption assessment, placement of the child,
73+foster care, or other preadoption services, which must be paid directly to the
74+provider of the services;
75+(2)Legal fees relating to the petition for relinquishment or adoption, that must
76+be paid directly to the provider of the services;
77+(3)Medical expenses relating to prenatal care and the birth of the child, that are
78+not already covered by health insurance;
79+(4)Expenses for transportation, meals, and lodging incurred for placement of
80+the child or in order to receive counseling, legal, or medical services related
81+to the pregnancy, birth, or placement; and
82+(5)Living expenses of the birth mother which are needed to maintain an
83+adequate standard of living, which the birth mother is unable to otherwise
84+maintain because of loss of income or other support resulting from the
85+pregnancy.
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118+(a)The payments may cover expenses incurred during the
119+pregnancy-related incapacity but not for a period longer than six
120+weeks following the delivery, unless the court determines within the
121+six-week period that the birth mother is unable to be employed due to
122+physical limitations relating to the birth of the child.
123+(b)Living expenses do not include expenses for lost wages, gifts,
124+educational expenses, vacations, or other similar expenses of a birth
125+mother.
126+2.A certified copy of the birth certificate or verification of birth record of the individual to
127+be adopted, if available, and the required consents and relinquishments must be filed
128+with the clerk.
61129 3.Any individual filing a petition shall pay to the clerk of court a filing fee as prescribed in
62130 subsection 1 of section 27-05.2-03.
63-SECTION 2. AMENDMENT. Section 14-15-11 of the North Dakota Century Code is amended and
64-reenacted as follows:
131+SECTION 2. AMENDMENT. Section 14-15-11 of the North Dakota Century Code is
132+amended and reenacted as follows:
65133 14-15-11. Notice of petition - Investigation and hearing.
66-1.a.After the filing of a petition to adopt a minor, the court shall fix a time and place for
67-hearing the petition. At least twenty days before the date of hearing, notice of the filing of
68-the petition and of the time and place of hearing must be given by the petitioner to the
69-department and if the minor to be adopted is in the custody of the human service zone to
70-the human service zone; any agency or individual whose consent to the adoption is
71-required by this chapter but who has not consented; an individual whose consent is
72-dispensed with upon any ground mentioned in subdivisions a, b, f, h, i, and j of
73-subsection 1 of section 14-15-06 but who has not consented; any appropriate Indian
74-tribe; and any individual identified by the court as a biological parent or a possible
75-biological parent of the minor, upon making inquiry to the extent necessary and
76-appropriate, as in proceedings under section 27-20.3-22, unless the individual has
77-relinquished parental rights or the individual's parental rights have been previously
78-terminated by a court. The notice to the department and if the minor to be adopted is in
79-the custody of the human service zone to the human service zone must be accompanied
80-by a copy of the petition.
81-b.Notice of the filing of a petition to adopt an adult must be given by the petitioner at least
82-twenty days before the date of the hearing to each living parent of the adult to be
83-adopted.
84-2.An investigation must be made by a licensed child-placing agency or by the department when
85-a child - placing agency has a conflict of interest to inquire into the conditions and antecedents
86-of a minor sought to be adopted and of the petitioner for the purpose of ascertaining whether: H. B. NO. 1120 - PAGE 3
134+1.a.After the filing of a petition to adopt a minor, the court shall fix a time and place
135+for hearing the petition. At least twenty days before the date of hearing, notice of
136+the filing of the petition and of the time and place of hearing must be given by the
137+petitioner to the department and if the minor to be adopted is in the custody of the
138+human service zone to the human service zone; any agency or individual whose
139+consent to the adoption is required by this chapter but who has not consented; an
140+individual whose consent is dispensed with upon any ground mentioned in
141+subdivisions a, b, f, h, i, and j of subsection 1 of section 14-15-06 but who has not
142+consented; any appropriate Indian tribe; and any individual identified by the court
143+as a biological parent or a possible biological parent of the minor, upon making
144+inquiry to the extent necessary and appropriate, as in proceedings under section
145+27-20.3-22, unless the individual has relinquished parental rights or the
146+individual's parental rights have been previously terminated by a court. The
147+notice to the department and if the minor to be adopted is in the custody of the
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180+human service zone to the human service zone must be accompanied by a copy
181+of the petition.
182+b.Notice of the filing of a petition to adopt an adult must be given by the petitioner
183+at least twenty days before the date of the hearing to each living parent of the
184+adult to be adopted.
185+2.An investigation must be made by a licensed child-placing agency or by the
186+department when a child - placing agency has a conflict of interest to inquire into the
187+conditions and antecedents of a minor sought to be adopted and of the petitioner for
188+the purpose of ascertaining whether:
87189 a.The proposed adoption is in the best interest of the minor; and
88-b.The adoptive home is suitable for the minor. The licensed child-placing agency shall
89-obtain and consider the foster care assessment of an applicant who is also a licensed,
90-certified, or approved family foster home for children in the manner prescribed by the
91-department. An adoptive home is presumed suitable if, in the manner prescribed by the
92-department, the petitioner is continuously licensed, certified, or approved as a family
93-foster home for children under chapter 50-11 to furnish foster care for children for more
94-than one year without a correction order, fiscal sanction, or license revocation
95-proceeding, unless the custodial agency reasonably believes the use of the foster care
96-assessment or the licensed, certified, or approved family foster home for children is not in
97-the best interest of the minor.
98-3.A written report of the investigation must be filed with the court by the investigator before the
99-petition is heard.
190+b.The adoptive home is suitable for the minor. The licensed child-placing agency
191+shall obtain and consider the foster care assessment of an applicant who is also
192+a licensed, certified, or approved family foster home for children in the manner
193+prescribed by the department. An adoptive home is presumed suitable if, in the
194+manner prescribed by the department, the petitioner is continuously licensed,
195+certified, or approved as a family foster home for children under chapter 50-11 to
196+furnish foster care for children for more than one year without a correction order,
197+fiscal sanction, or license revocation proceeding, unless the custodial agency
198+reasonably believes the use of the foster care assessment or the licensed,
199+certified, or approved family foster home for children is not in the best interest of
200+the minor.
201+3.A written report of the investigation must be filed with the court by the investigator
202+before the petition is heard.
100203 4.The report of the investigation must contain:
101204 a.A review of the child's history;
102-b.A preplacement adoption assessment of the petitioner, including a criminal history record
103-investigation of the petitioner;
104-c.A postplacement evaluation of the placement with a recommendation as to the granting
105-of the petition for adoption;
106-d.The petitioner's foster care assessment to demonstrate the presumed suitability of the
107-adoptive home if a foster care assessment was considered in the investigation under
108-subsection 2 of this section; and
205+b.A preplacement adoption assessment of the petitioner, including a criminal
206+history record investigation of the petitioner;
207+c.A postplacement evaluation of the placement with a recommendation as to the
208+granting of the petition for adoption;
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240+d.The petitioner's foster care assessment to demonstrate the presumed suitability
241+of the adoptive home if a foster care assessment was considered in the
242+investigation under subsection 2 of this section; and
109243 e.Any other information the court requires regarding the petitioner or the minor.
110-5.An investigation and report is not required in cases in which a stepparent is the petitioner or
111-the individual to be adopted is an adult. The department and human service zone, when
112-required to consent to the adoption, may give consent without making the investigation. If the
113-petitioner is a court-appointed legal guardian or a relative other than a stepparent of the minor,
114-the minor has lived with the petitioner for at least nine months, no allegations of abuse or
115-neglect have been filed against the petitioner or any member of the petitioner's household,
116-and the court is satisfied that the proposed adoptive home is appropriate for the minor, the
117-court may waive the investigation and report required under this section.
118-6.The department and human service zone, when required to consent to the adoption, may
119-request the licensed child-placing agency to conduct further investigation and to make a
120-written report thereof as a supplemental report to the court.
121-7.After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the
122-petition and a notice of the time and place of the hearing be given to any individual whose
123-consent to the adoption is required but who has not consented and to each living parent of the
124-adult to be adopted. The court may order an appropriate investigation to assist it in
125-determining whether the adoption is in the best interest of the individuals involved.
244+5.An investigation and report is not required in cases in which a stepparent is the
245+petitioner or the individual to be adopted is an adult. The department and human
246+service zone, when required to consent to the adoption, may give consent without
247+making the investigation. If the petitioner is a court-appointed legal guardian or a
248+relative other than a stepparent of the minor, the minor has lived with the petitioner for
249+at least nine months, no allegations of abuse or neglect have been filed against the
250+petitioner or any member of the petitioner's household, and the court is satisfied that
251+the proposed adoptive home is appropriate for the minor, the court may waive the
252+investigation and report required under this section.
253+6.The department and human service zone, when required to consent to the adoption,
254+may request the licensed child-placing agency to conduct further investigation and to
255+make a written report thereof as a supplemental report to the court.
256+7.After the filing of a petition to adopt an adult, the court by order shall direct that a copy
257+of the petition and a notice of the time and place of the hearing be given to any
258+individual whose consent to the adoption is required but who has not consented and to
259+each living parent of the adult to be adopted. The court may order an appropriate
260+investigation to assist it in determining whether the adoption is in the best interest of
261+the individuals involved.
126262 8.Notice must be given in the manner appropriate under the North Dakota Rules of Civil
127-Procedure for the service of process in a civil action in this state or in any manner the court by
128-order directs. Proof of the giving of the notice must be filed with the court before the petition is
129-heard.
130-SECTION 3. AMENDMENT. Section 50-12-09 of the North Dakota Century Code is amended and
131-reenacted as follows: H. B. NO. 1120 - PAGE 4
263+Procedure for the service of process in a civil action in this state or in any manner the
264+court by order directs. Proof of the giving of the notice must be filed with the court
265+before the petition is heard.
266+SECTION 3. AMENDMENT. Section 50-12-09 of the North Dakota Century Code is
267+amended and reenacted as follows:
132268 50-12-09. Compensation for child placing.
133-1.A child-placing agency in making an adoptive placement may be reimbursedcompensated by
134-the adoptive couplefamily for the cost of making the adoptive study of the home and the
135-supervision and evaluation of any placement which may be made prior to the legal adoption.
136-No couple may be deprived of receiving a child for adoption on the basis of inability to pay any
137-portion of such expense.reasonable fees.
269+1.A child-placing agency in making an adoptive placement may be
270+reimbursedcompensated by the adoptive couplefamily for the cost of making the
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304+adoptive study of the home and the supervision and evaluation of any placement
305+which may be made prior to the legal adoption. No couple may be deprived of
306+receiving a child for adoption on the basis of inability to pay any portion of such
307+expense.reasonable fees.
138308 2.Child-placing agency compensation only may be received for services provided to the
139-adoptive family if reflected in a financial agreement. An itemized receipt of reasonable fees
140-paid by the child-placing agency must be provided to the adoptive family.
141-3.The fees may not be contingent upon placement of the child for adoption, consent to adoption,
142-or cooperation in the completion of adoption.
309+adoptive family if reflected in a financial agreement. An itemized receipt of reasonable
310+fees paid by the child-placing agency must be provided to the adoptive family.
311+3.The fees may not be contingent upon placement of the child for adoption, consent to
312+adoption, or cooperation in the completion of adoption.
143313 4.Reasonable fees may include:
144-a.Facilitation fees charged and completed by the child-placing agency including the cost of
145-preplacement birth parent counseling, adoption home study assessment, placement
146-costs for children not in public custody, utilizing a foster care placement prior to
147-finalization, placement supervision, or other preadoption services offered by the child-
148-placing agency;
149-b.Legal fees relating to the petition for relinquishment or adoption on behalf of the birth
150-parent;
151-c.Medical expenses relating to prenatal care and the birth of the child, which are not
152-already covered by the birth mother's health insurance or other public assistance
153-programs;
154-d.Expenses incurred by the birth parent for transportation, meals, and lodging in order to
155-receive counseling, legal, or medical services related to the pregnancy, birth, or
156-placement of the child; and
157-e.Living expenses of the birth mother which are needed to maintain an adequate standard
158-of living, not already covered by public assistance programs.
159-(1)The payments may cover expenses incurred during the pregnancy-related
314+a.Facilitation fees charged and completed by the child-placing agency including the
315+cost of preplacement birth parent counseling, adoption home study assessment,
316+placement costs for children not in public custody, utilizing a foster care
317+placement prior to finalization, placement supervision, or other preadoption
318+services offered by the child-placing agency;
319+b.Legal fees relating to the petition for relinquishment or adoption on behalf of the
320+birth parent;
321+c.Medical expenses relating to prenatal care and the birth of the child, which are
322+not already covered by the birth mother's health insurance or other public
323+assistance programs;
324+d.Expenses incurred by the birth parent for transportation, meals, and lodging in
325+order to receive counseling, legal, or medical services related to the pregnancy,
326+birth, or placement of the child; and
327+e.Living expenses of the birth mother which are needed to maintain an adequate
328+standard of living, not already covered by public assistance programs.
329+(1)The payments may cover expenses incurred during the pregnancy and
330+delivery of the child, not to exceed the date of delivery pregnancy- related
160331 incapacity and for up to six weeks following the delivery .
161-(2)Living expenses do not include lost wages, gifts, educational expenses, vacations,
162-or other similar expenses of a birth mother.
163-SECTION 4. AMENDMENT. Section 50-12-10 of the North Dakota Century Code is amended and
164-reenacted as follows:
332+(2)Living expenses do not include lost wages, gifts, educational expenses,
333+vacations, or other similar expenses of a birth mother.
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366+SECTION 4. AMENDMENT. Section 50-12-10 of the North Dakota Century Code is
367+amended and reenacted as follows:
165368 50-12-10. Revocation of license - Grounds.
166-The department of health and human services may revoke the license of any child-placing agency
167-upon a proper showing of any of the following:
369+The department of health and human services may revoke the license of any child-placing
370+agency upon a proper showing of any of the following:
168371 1.The licensee has violated any requirementsrequirement under this chapter.
169372 2.The license was issued upon a fraudulent or untrue representationsrepresentation.
170-3.The licensee has violated any of the rules and regulationsrule or regulation of the department.
171-4.The licensee has been guilty of an offense determined by the department to have a direct
172-bearing upon a person's ability to serve the public as a licensee, or the department H. B. NO. 1120 - PAGE 5
173-determines, following conviction of any offense, the person is not sufficiently rehabilitated
174-under section 12.1-33-02.1made a false or misleading report to the department.
175-SECTION 5. AMENDMENT. Section 50-12-17 of the North Dakota Century Code is amended and
176-reenacted as follows:
373+3.The licensee has violated any of the rules and regulationsrule or regulation of the
374+department.
375+4.The licensee has been guilty of an offense determined by the department to have a
376+direct bearing upon a person's ability to serve the public as a licensee, or the
377+department determines, following conviction of any offense, the person is not
378+sufficiently rehabilitated under section 12.1-33-02.1made a false or misleading report
379+to the department .
380+SECTION 5. AMENDMENT. Section 50-12-17 of the North Dakota Century Code is
381+amended and reenacted as follows:
177382 50-12-17. Licensure requirement - Registration requirement - Penalty.
178-1.A person may not place or cause to be placed any child in a family home for adoption without
179-a license to do so from the department of health and human services except that a.
180-2.Adoption services may be provided by the department when a conflict of interest with a child-
181-placing agency exists and another child - placing agency is unable to provide the service.
182-3.A parent, upon giving written notice to the department, may place the parent's child in the
183-home of the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt,
184-or guardian for adoption by the person receiving the child. The child must be considered
185-abandoned if proceedings for the adoption or guardianship of the child are not initiated by
186-such relative within one year following the date of notice of placement.
383+1.A person may not place or cause to be placed any child in a family home for adoption
384+without a license to do so from the department of health and human services except
385+that a.
386+2.Adoption services may be provided by the department when a conflict of interest with
387+a child-placing agency exists and another child - placing agency is unable to provide the
388+service.
389+3.A parent, upon giving written notice to the department, may place the parent's child in
390+the home of the child's parent, stepparent, grandparent, adult brother or sister, adult
391+uncle or aunt, or guardian for adoption by the person receiving the child. The child
392+must be considered abandoned if proceedings for the adoption or guardianship of the
393+child are not initiated by such relative within one year following the date of notice of
394+placement.
187395 4.A person who willfully violates this chapter is guilty of a class C felony.
188396 5.For purposes of this section, "to place or cause to be placed" means to place:
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429+Legislative Assembly
189430 a.Place a child for adoption; arrange
190-b.Arrange or provide for short-term foster care for a child pending an adoptive placement;
191-facilitate
431+b.Arrange or provide for short-term foster care for a child pending an adoptive
432+placement; facilitate
192433 c.Facilitate placement of a child by maintaining a list in any form of birth parents or
193434 prospective adoptive parents; or advertise
194-d.Advertise in any public medium that the person knows of a child who is available for
195-adoption or is willing to accept a child for adoption or that the person knows of
435+d.Advertise in any public medium that the person knows of a child who is available
436+for adoption or is willing to accept a child for adoption or that the person knows of
196437 prospective adoptive parents of a child.
197-SECTION 6. REPEAL. Sections 50-12-02.1 and 50-12-11 of the North Dakota Century Code are
198-repealed. H. B. NO. 1120 - PAGE 6
199-____________________________ ____________________________
200-Speaker of the House President of the Senate
201-____________________________ ____________________________
202-Chief Clerk of the House Secretary of the Senate
203-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
204-Assembly of North Dakota and is known on the records of that body as House Bill No. 1120.
205-House Vote: Yeas 88 Nays 0 Absent 6
206-Senate Vote:Yeas 46 Nays 1 Absent 0
207-____________________________
208-Chief Clerk of the House
209-Received by the Governor at ________M. on _____________________________________, 2025.
210-Approved at ________M. on __________________________________________________, 2025.
211-____________________________
212-Governor
213-Filed in this office this ___________day of _______________________________________, 2025,
214-at ________ o’clock ________M.
215-____________________________
216-Secretary of State
438+SECTION 6. REPEAL. Sections 50-12-02.1 and 50-12-11 of the North Dakota Century
439+Code are repealed.
440+Page No. 8 25.8086.01001
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