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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Marriage and Dissolution of | |||||||||||||||||||
5 | Marriage Act is amended by changing Section 607 as follows:
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6 | (750 ILCS 5/607) (from Ch. 40, par. 607)
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7 | Sec. 607. Visitation.
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8 | (a) A parent not granted custody of the child
is entitled | |||||||||||||||||||
9 | to reasonable visitation rights unless the court finds,
after a | |||||||||||||||||||
10 | hearing, that visitation would endanger seriously the child's
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11 | physical, mental, moral or emotional health. If the custodian's | |||||||||||||||||||
12 | street
address is not identified, pursuant to Section 708, the | |||||||||||||||||||
13 | court shall require
the parties to identify reasonable | |||||||||||||||||||
14 | alternative arrangements for visitation
by a non-custodial | |||||||||||||||||||
15 | parent, including but not limited to visitation of the
minor | |||||||||||||||||||
16 | child at the residence of another person or at a local public | |||||||||||||||||||
17 | or
private facility.
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18 | (a-3) Grandparents, great-grandparents, and siblings of a | |||||||||||||||||||
19 | minor child have standing to bring an action in circuit court | |||||||||||||||||||
20 | by petition, requesting visitation in accordance with this | |||||||||||||||||||
21 | Section. Grandparents, great-grandparents, and siblings of a | |||||||||||||||||||
22 | minor child also have standing to file a petition for | |||||||||||||||||||
23 | visitation rights in a pending dissolution proceeding or any | |||||||||||||||||||
24 | other proceeding that involves custody and visitation issues, | |||||||||||||||||||
25 | requesting visitation in accordance with this Section. A | |||||||||||||||||||
26 | petition for visitation with a child by a person other than a | |||||||||||||||||||
27 | parent must be filed in the county in which the child resides
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28 | Nothing in subsection (a-5) of this Section shall apply to a | |||||||||||||||||||
29 | child in whose interests a petition under Section 2-13 of the | |||||||||||||||||||
30 | Juvenile Court Act of 1987 is pending . | |||||||||||||||||||
31 | (a-5)(1) Except as otherwise provided in this subsection | |||||||||||||||||||
32 | (a-5), any grandparent, great-grandparent, or sibling of a |
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1 | minor child may file a
petition for
visitation rights to a | ||||||
2 | minor child if there is an unreasonable denial of visitation by | ||||||
3 | a parent and at least one
of the
following conditions exists: | ||||||
4 | (A) (Blank);
one parent of the child is incompetent as | ||||||
5 | a matter of law or deceased or has been sentenced to a | ||||||
6 | period of imprisonment for more than 1 year; | ||||||
7 | (A-5) the child's other parent is deceased or has been | ||||||
8 | missing for at least 3 months. For the purposes of this | ||||||
9 | Section a parent is considered to be missing if the | ||||||
10 | parent's location has not been determined and the parent | ||||||
11 | has been reported as missing to a law enforcement agency;
| ||||||
12 | (A-10) a parent of the child is incompetent as a matter | ||||||
13 | of law; or
| ||||||
14 | (A-15) a parent has been incarcerated in jail or prison | ||||||
15 | during the 3 month period preceding the filing of the | ||||||
16 | petition.
| ||||||
17 | (B) the child's mother and father are divorced or have | ||||||
18 | been legally separated from
each other during the 3 month | ||||||
19 | period prior to the filing of the petition and at least one | ||||||
20 | parent does not object to the grandparent, | ||||||
21 | great-grandparent, or sibling having visitation with the | ||||||
22 | child. The visitation of the grandparent, | ||||||
23 | great-grandparent, or sibling must not diminish the | ||||||
24 | visitation of the parent who is not related to the | ||||||
25 | grandparent, great-grandparent, or sibling seeking | ||||||
26 | visitation; | ||||||
27 | (C) the court , other than a Juvenile Court, has | ||||||
28 | terminated a parent-child relationship and the | ||||||
29 | grandparent, great-grandparent, or sibling of the minor | ||||||
30 | child is the parent of the person whose parental rights | ||||||
31 | have been terminated, except in cases of adoption. The | ||||||
32 | visitation must not be used to allow the parent who lost | ||||||
33 | parental rights to unlawfully visit with the child; | ||||||
34 | (D) the child is born out of wedlock, the parents are | ||||||
35 | not living together, and the petitioner is a maternal | ||||||
36 | grandparent, great-grandparent, or sibling of the child |
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1 | born out of wedlock; or | ||||||
2 | (E) the child is born out of wedlock, the parents are | ||||||
3 | not living together, the petitioner is a paternal | ||||||
4 | grandparent, great-grandparent, or sibling, and the | ||||||
5 | paternity has been established by a court of competent | ||||||
6 | jurisdiction. | ||||||
7 | (2) If a person other than a blood relative of the child or | ||||||
8 | a stepparent adopts a child, any visitation rights granted | ||||||
9 | pursuant to this Section before the adoption of the child shall | ||||||
10 | automatically end by operation of law upon the adoption of the | ||||||
11 | child. If one natural parent is deceased and the surviving | ||||||
12 | natural parent remarries, any subsequent adoption proceedings | ||||||
13 | may not terminate any court-granted grandparental rights | ||||||
14 | belonging to the parents of the deceased natural parent, unless | ||||||
15 | the termination of visitation rights is ordered by the court | ||||||
16 | having jurisdiction over the adoption after an opportunity to | ||||||
17 | be heard, and the court determines it to be in the best | ||||||
18 | interest of the child to terminate or modify such visitation
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19 | The grandparent, great-grandparent, or sibling of a parent | ||||||
20 | whose parental rights have been terminated through an adoption | ||||||
21 | proceeding may not petition for visitation rights .
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22 | (3) In making a determination under this subsection (a-5), | ||||||
23 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
24 | and decisions regarding grandparent,
great-grandparent, or | ||||||
25 | sibling visitation are not harmful to the child's mental, | ||||||
26 | physical, or emotional health. The
burden is on the
party | ||||||
27 | filing a petition under this Section to prove that the
parent's | ||||||
28 | actions and
decisions regarding visitation times are harmful to | ||||||
29 | the child's mental, physical, or emotional health. A finding of | ||||||
30 | substantial harm may be based upon cessation of the | ||||||
31 | relationship between a minor child and the child's grandparent, | ||||||
32 | great-grandparent, or the child's sibling if the court | ||||||
33 | determines, upon proper proof, that: | ||||||
34 | (A) The child had such a significant existing | ||||||
35 | relationship with the grandparent, great-grandparent or | ||||||
36 | the child's sibling that loss of the relationship is likely |
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1 | to occasion severe emotional harm to the child;
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2 | (B) The grandparent, great-grandparent or the child's | ||||||
3 | sibling functioned as a primary caregiver such that | ||||||
4 | cessation of the relationship could interrupt provision of | ||||||
5 | the daily needs of the child and thus occasion physical or | ||||||
6 | emotional harm; or
| ||||||
7 | (C) The child had a significant existing relationship | ||||||
8 | with the grandparent, great-grandparent or the child's | ||||||
9 | sibling and loss of the relationship presents the danger of | ||||||
10 | other direct and substantial harm to the child.
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11 | (3a) For purposes of this Section, a grandparent, | ||||||
12 | great-grandparent or the child's sibling shall be deemed to | ||||||
13 | have a significant existing relationship with a grandchild if:
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14 | (A) The child resided with the grandparent or | ||||||
15 | great-grandparent for at least 6 consecutive months;
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16 | (B) The grandparent or great-grandparent was a | ||||||
17 | full-time caretaker of the child for a period of not less | ||||||
18 | than 6 consecutive months; or
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19 | (C) The grandparent, great-grandparent or sibling of | ||||||
20 | the child had frequent visitation with the child who is the | ||||||
21 | subject of the suit for a period of not less than one year.
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22 | (3b) A grandparent is not required to present the testimony | ||||||
23 | or affidavit of an expert witness in order to establish a | ||||||
24 | significant existing relationship with a grandchild or that the | ||||||
25 | loss of the relationship is likely to occasion severe emotional | ||||||
26 | harm to the child. Instead, the court shall consider whether | ||||||
27 | the facts of the particular case would lead a reasonable person | ||||||
28 | to believe that there is a significant existing relationship | ||||||
29 | between the grandparent and grandchild or that the loss of the | ||||||
30 | relationship is likely to occasion severe emotional harm to the | ||||||
31 | child.
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32 | (4) In determining whether to grant visitation, the court | ||||||
33 | shall consider the following:
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34 | (A) the preference of the child if the child is | ||||||
35 | determined to be of sufficient maturity to express a | ||||||
36 | preference; |
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1 | (B) the mental and physical health of the child; | ||||||
2 | (C) the mental and physical health of the grandparent, | ||||||
3 | great-grandparent, or sibling; | ||||||
4 | (D) the length and quality of the prior relationship | ||||||
5 | between the child and the grandparent, great-grandparent, | ||||||
6 | or sibling;
| ||||||
7 | (E) the good faith of the party in filing the petition;
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8 | (F) the good faith of the person denying visitation; | ||||||
9 | (G) the quantity of the visitation time requested and | ||||||
10 | the potential adverse impact that visitation would have on | ||||||
11 | the child's customary activities; | ||||||
12 | (H) whether the child resided with the petitioner for | ||||||
13 | at least 6 consecutive months with or without the current | ||||||
14 | custodian present; | ||||||
15 | (I) whether the petitioner had frequent or regular | ||||||
16 | contact with the child for at least 12 consecutive months; | ||||||
17 | and
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18 | (J) any other fact that establishes that the loss of | ||||||
19 | the relationship between the petitioner and the child is | ||||||
20 | likely to harm the child's mental, physical, or emotional | ||||||
21 | health. | ||||||
22 | (5) The court may order visitation rights for the | ||||||
23 | grandparent, great-grandparent, or sibling that include | ||||||
24 | reasonable access without requiring overnight or possessory | ||||||
25 | visitation.
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26 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
27 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
28 | order may be made earlier than 2 years after the date the order | ||||||
29 | was filed, unless the court permits it to be made on the basis | ||||||
30 | of affidavits that there is reason to believe the child's | ||||||
31 | present environment may endanger seriously the child's mental, | ||||||
32 | physical, or emotional health. | ||||||
33 | (2) The court shall not modify a prior grandparent, | ||||||
34 | great-grandparent, or sibling visitation order unless it finds | ||||||
35 | by clear and convincing evidence, upon the basis of facts that | ||||||
36 | have arisen since the prior visitation order or that were |
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1 | unknown to the court at the time of entry of the prior | ||||||
2 | visitation, that a change has occurred in the circumstances of | ||||||
3 | the child or his or her custodian, and that the modification is | ||||||
4 | necessary to protect the mental, physical, or emotional health | ||||||
5 | of the child. The court shall state in its decision specific | ||||||
6 | findings of fact in support of its modification or termination | ||||||
7 | of the grandparent, great-grandparent, or sibling visitation. | ||||||
8 | A child's parent may always petition to modify visitation upon | ||||||
9 | changed circumstances when necessary to promote the child's | ||||||
10 | best interests.
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11 | (3) Attorney fees and costs shall be assessed against a | ||||||
12 | party seeking modification of the visitation order if the court | ||||||
13 | finds that the modification action is vexatious and constitutes | ||||||
14 | harassment. | ||||||
15 | (4) Notice under this subsection (a-7) shall be given as | ||||||
16 | provided in subsections (c) and (d) of Section 601.
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17 | (b) (1) (Blank.)
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18 | (1.5) The Court may grant reasonable visitation privileges | ||||||
19 | to a stepparent
upon petition to the court by the stepparent, | ||||||
20 | with notice to the parties
required to be notified under | ||||||
21 | Section 601 of this Act, if the court determines
that it is in | ||||||
22 | the best interests and welfare of the child, and may issue any
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23 | necessary orders to enforce those visitation privileges.
A | ||||||
24 | petition for visitation privileges may be filed under this | ||||||
25 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
26 | has been previously filed or is
currently pending if the | ||||||
27 | following
circumstances are met:
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28 | (A) the child is at least 12 years old;
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29 | (B) the child resided continuously with the parent and | ||||||
30 | stepparent for at
least 5 years;
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31 | (C) the parent is deceased or is disabled and is unable | ||||||
32 | to care for the
child;
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33 | (D) the child wishes to have reasonable visitation with | ||||||
34 | the stepparent;
and
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35 | (E) the stepparent was providing for the care, control, | ||||||
36 | and welfare to the
child prior to the initiation of the |
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1 | petition for visitation.
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2 | (2)(A) A petition for visitation privileges shall not be | ||||||
3 | filed pursuant
to this subsection (b) by the parents or | ||||||
4 | grandparents of a putative father
if the paternity of the | ||||||
5 | putative father has not been legally established.
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6 | (B) A petition for visitation privileges may not be filed | ||||||
7 | under
this subsection (b) if the child who is the subject of | ||||||
8 | the
grandparents' or great-grandparents' petition has been | ||||||
9 | voluntarily
surrendered by the parent or parents, except for a | ||||||
10 | surrender to the
Illinois Department of Children and Family | ||||||
11 | Services or a foster care
facility, or has been previously | ||||||
12 | adopted by an individual or individuals
who are not related to | ||||||
13 | the biological parents of the child or is the
subject of a | ||||||
14 | pending adoption petition by an individual or individuals who
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15 | are not related to the biological parents of the child.
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16 | (3) (Blank).
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17 | (c) The court may modify an order granting or denying | ||||||
18 | visitation
rights of a parent whenever modification would serve | ||||||
19 | the best interest of
the child;
but the court shall not | ||||||
20 | restrict a parent's visitation rights unless it
finds that the | ||||||
21 | visitation would endanger seriously the child's physical,
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22 | mental, moral or emotional health.
The court may modify an | ||||||
23 | order granting, denying, or limiting visitation
rights of a | ||||||
24 | grandparent, great-grandparent, or sibling of any minor child
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25 | whenever a change of circumstances has occurred based on facts | ||||||
26 | occurring
subsequent to the judgment and the court finds by | ||||||
27 | clear and convincing evidence
that the modification is in the | ||||||
28 | best interest of the minor child.
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29 | (d) If any court has entered an order prohibiting a | ||||||
30 | non-custodial parent
of a child from any contact with a child
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31 | or restricting the non-custodial parent's contact with the | ||||||
32 | child, the
following provisions shall apply:
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33 | (1) If an order has been entered granting visitation | ||||||
34 | privileges with the
child to a grandparent or | ||||||
35 | great-grandparent who is related to the child through
the | ||||||
36 | non-custodial parent, the visitation privileges of the |
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1 | grandparent or
great-grandparent may be revoked if:
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2 | (i) a court has entered an order prohibiting the | ||||||
3 | non-custodial parent
from any contact with the child, | ||||||
4 | and the grandparent or great-grandparent is
found to | ||||||
5 | have used his or her visitation privileges to | ||||||
6 | facilitate contact
between the child and the | ||||||
7 | non-custodial parent; or
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8 | (ii) a court has entered an order restricting the | ||||||
9 | non-custodial parent's
contact with the child, and the | ||||||
10 | grandparent or great-grandparent is found to
have used | ||||||
11 | his or her visitation privileges to facilitate contact
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12 | between the child and the non-custodial parent in a | ||||||
13 | manner that violates the
terms of the order restricting | ||||||
14 | the non-custodial parent's contact with the
child.
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15 | Nothing in this subdivision (1) limits the authority of | ||||||
16 | the court to
enforce its orders in any manner permitted by | ||||||
17 | law.
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18 | (2) Any order granting visitation privileges with the | ||||||
19 | child to a
grandparent or great-grandparent who is related | ||||||
20 | to the child through the
non-custodial parent shall contain | ||||||
21 | the following provision:
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22 | "If the (grandparent or great-grandparent, whichever | ||||||
23 | is applicable) who has
been granted visitation privileges | ||||||
24 | under this order uses the visitation
privileges to | ||||||
25 | facilitate contact between the child and the child's
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26 | non-custodial parent, the visitation privileges granted | ||||||
27 | under this order shall
be permanently revoked."
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28 | (e) No parent, not granted custody of the child, or | ||||||
29 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
30 | of any minor child, convicted
of any offense
involving an | ||||||
31 | illegal sex act perpetrated upon a victim less than 18 years of
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32 | age including but not limited to offenses for violations of | ||||||
33 | Article 12 of the
Criminal Code of 1961, is entitled to | ||||||
34 | visitation rights while incarcerated
or while on parole, | ||||||
35 | probation, conditional discharge, periodic
imprisonment, or
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36 | mandatory supervised release for that offense, and upon |
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1 | discharge from
incarceration for a misdemeanor offense or upon | ||||||
2 | discharge from parole,
probation, conditional discharge, | ||||||
3 | periodic imprisonment,
or mandatory supervised release for a | ||||||
4 | felony offense, visitation shall be
denied until the person | ||||||
5 | successfully completes a treatment program approved
by the | ||||||
6 | court.
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7 | (f) Unless the court determines, after considering all | ||||||
8 | relevant factors,
including but not limited to those set forth | ||||||
9 | in Section 602(a), that it would
be in the best interests of | ||||||
10 | the child to allow visitation, the court shall not
enter an | ||||||
11 | order providing visitation rights and pursuant to a motion to | ||||||
12 | modify
visitation shall revoke visitation rights previously | ||||||
13 | granted to any
person who would otherwise be entitled to | ||||||
14 | petition for visitation rights under
this Section who has been | ||||||
15 | convicted of first degree murder of the parent,
grandparent, | ||||||
16 | great-grandparent, or sibling of the child who is the subject | ||||||
17 | of
the order. Until an order is entered pursuant to this | ||||||
18 | subsection, no person
shall visit, with
the child present, a | ||||||
19 | person who has been convicted of first degree murder of
the | ||||||
20 | parent, grandparent, great-grandparent, or sibling of the | ||||||
21 | child
without the consent of the child's parent, other than a | ||||||
22 | parent convicted of
first degree murder as set forth herein, or | ||||||
23 | legal
guardian.
| ||||||
24 | (g) If an order has been entered limiting, for cause, a | ||||||
25 | minor child's
contact or
visitation with a grandparent, | ||||||
26 | great-grandparent, or sibling on the grounds
that it was in the | ||||||
27 | best interest of the child to do so, that order may be
modified | ||||||
28 | only upon a showing of a substantial change in circumstances | ||||||
29 | occurring
subsequent to the entry of the order with proof by | ||||||
30 | clear and convincing
evidence that modification is in the best | ||||||
31 | interest of the minor child.
| ||||||
32 | (Source: P.A. 93-911, eff. 1-1-05; 94-229, eff. 1-1-06.)
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