Pathways to Justice Conference

Los Angeles, California
Wednesday, June 10, 2015




REGISTRATION IS NOW CLOSED - THERE IS NO ONSITE REGISTRATION

SCHEDULE AT A GLANCE

Download Schedule At A Glance PDF

View Session Descriptions

Pre-Conference Meetings Register Here

 Tuesday, June, 9
9:00 AM - 12:30 PM Model Approaches/Senior Legal Services Provider Meeting
10:00 AM - 5:00 PM Consumer Financial Protection Bureau Training
10:00 AM - 5:00 PM Indigenous Interpreters Training and Meeting
1:30 AM - 5:00 PM Domestic Violence Service Providers Meeting
4:00 PM - 5:00 PM LawHelp Interactive Users Meeting
 Wednesday, June, 10
7:30 AM Registration table opens 
7:30 - 9:00 AM Continental breakfast 
 9:00 -10:00 AM Welcome + Keynote from California Supreme Court Associate Justice Goodwin Liu
 10:15 - 11:45 AM California Courts Language Access Plan: Current Status and Implementation Efforts
  Building Power for Workers and Strengthening Community-Based Labor Movements 
  Expanding Delivery of Legal Services Using Technology 
  Representing Formerly Incarcerated Parents in Child Custody Cases 
  New A2J Models: How Incubators Train New Lawyers and Provide Affordable Legal Help
  Show Me the Money! 
 11:45 AM - 12:45 PM Lunch + Campaign for Justice BINGO!!!
 1:00 -2:30 PM Innovations to Better Serve Self-Represented Litigants 
  Mechanics Lien Litigation: Countering Wage Theft in the Day Laborer Community
  How Legal Aid Providers Can Advocate for Clients Under the Coordinated Care Initiative 
  Diversity in California's Legal Services Community 
  Common Issues in Subsidized Housing Evictions
  Enforcing Language Access Rights in Health Care: Effect of ACA Section 1557 
 2:45 - 3:45 PM Small Claims Basics
  Workers' Rights Clinic Collaborative
  Civil Appeals: San Diego’s Approach to Providing Legal Assistance to Self-Represented Litigants with Cases in Fourth District Court of Appeal, Division One
  Mindfulness and Legal Service
  Trauma-Informed Services for Young Sexual Assault Survivors
 

Disaster Preparedness - Getting our !(@*$&(s in Gear

 4:00 - 5:30 PM Reception & LAAC Awards of Merit 
   
 Thusday, June, 11
 7:30 - 8:30 AM Registration table opens + continental breakfast 
 8:30 - 10:00 AM Ethics in a Legal Services Context 
  Public Benefits and Workers’ Comp - the Alphabet Soup of Helping Workers
  How to Lay a Record for Appeal
  LGBT Cultural Competency for Legal Services
  Utilizing Language Access and Reasonable Accommodation to Defend UDs and Subsidized Housing Terminations
  When Home Is Not a Sanctuary- Strategies for Investigation and Litigation of Fair Housing Violations Involving Sexual Harassment
 10:15 - 11:45 AM Ethics in Self-Help Centers: What Staff and Volunteers Need to Know 
  Windsor's Impact on Social Security and SSI: The Benefits and the Downside Two Years Later
  Strategies for Achieving Diversity in the Judiciary
  Undergraduate Student Volunteers in Legal Aid
  Representing Clients in Nursing Facilities and Assisted Living 
  ADA at Play: How to Score with Model Disability Access and Accommodation Policies for Counties 
 11:45 AM - 12:45 PM Lunch
 1:00 - 2:30 PM Ethics in the Medical-Legal Partnership
  Effective Advocacy at SSI Administrative Hearings 
  New Developments: Domestic Violence Cases, Family Law Statutes, Rules, and Forms 
  Making the ACA Work for Women 
  Holistic Consumer Justice: Addressing Student Loans and Tax Controversies in a Debtors’ Rights Practice 
  LEP 101 and 102: An Overview of Language Access Laws and Enforcement Strategies to Obtain Compliance 
 2:45 - 4:15 PM Working with Interpreters: Practical Tips and Ethical Considerations 
  Using Writs to Obtain Legal Compliance in County General
Assistance Programs 
  Tech Tips for the Justice Community: Harnessing Technology for Legal Services Programs 
  Basic Primer on Admitting Social Media Evidence 
  Helping Immigrants Through Executive Action: A Look at DACA, DAPA, and Child Refugee Processing 
  What to Do When Judicial Misconduct Impacts Your Clients or Self-Represented Litigants 

Sessions Descriptions

The ADA at Play: How to Score With Model Disability Access and Accommodation Policies for Counties


Federal and California disability rights laws guarantee meaningful access to county government benefits, programs and services. Yet clients encounter architectural, transportation and communication barriers (e.g. lack of sign language interpreters and alternative-to-print formats). Counties also fail to adjust rigid timelines, assist with paperwork, or make other reasonable policy modifications. With staff cuts, services are increasingly migrated to inaccessible telephone systems and websites. This training will discuss the law and lessons learned from advocacy, and offer practical resources about electronic access. Via interactive exercises, the audience will also help create "Model Disability Access and Accommodation Policies" for real-world use.

Basic Primer on Admitting Social Media Evidence


Text messages, Facebook posts, iPhone videos, and other social media are increasingly relevant in court proceedings. This session will provide a basic structure on how to admit and object to the introduction of this type of evidence.

Building Power for Workers and Strengthening Community-Based Labor Movements


This session focuses on how to integrate community organizing and legal services to empower workers and create lasting change in the American workplace. It will feature leading workplace advocates from across the state, including attorneys and community organizers. The panelists will discuss recent successful collaborations in workplaces to address innovative legal strategies for fighting wage-theft, worker leadership and coalition building, and best practices for collaboration between lawyers and organizers. The panelists will also discuss the particular challenges of managing attorney-client privilege and confidentiality in organizing campaigns and maintaining unity after settlement or resolution of legal claims.

California Courts Language Access Plan: Current Status & Implementation Efforts


This panel will discuss the current status of the Judicial Council's Strategic Plan for Language Access in the California Courts, the state’s first comprehensive policy document on the provision of services to limited English proficient (LEP) court users. Participants will learn about the Plan’s provisions regarding interpretation in court proceedings, translation of court documents, and provision of language services outside the courtroom centers, clerks’ offices, etc. Panelists and participants will also evaluate implementation in local courts, discuss how the Plan has affected their work, and brainstorm on how they can get involved in improving local implementation.

Civil Appeals: San Diego’s Approach to Providing Legal Assistance to Self-Represented Litigants with Cases in Fourth District Court of Appeal, Division One


San Diego’s innovative new Civil Appellate Self-Help Workshop, is a partnership of the Fourth District California Court of Appeal, Division One; Legal Aid Society of San Diego; San Diego County Bar Association's Appellate Court Committee; and the San Diego Law Library. Panelists will share substantive training materials and best practices in assisting self-represented litigants overcome the complicated procedural hurdles involved in the civil appellate process. In addition, the panel will discuss the successes and challenges of creating a partnership of diverse agencies, with suggestions on how it may be replicated in other jurisdictions.

Common Issues in Subsidized Housing Evictions


Navigating the world of federal regulations while defending your client from an eviction can be challenging. Workshop participants will learn to identify some of the most common issues that arise when subsidized housing residents face eviction. These issues include when residents can, and cannot, be evicted for alleged unauthorized occupants, drug crimes, other criminal activity, or the failure to report income.

Disaster Preparedness - Getting our !(@*$&(s in Gear


We know that a disaster is likely to strike in California within our lifetime. There is much to learn from our colleagues elsewhere who have had to respond to the many needs of our clients in the aftermath of a disaster. Come learn some ideas, and share your own, about preparing for a disaster. Denial – it’s not just a river in Egypt anymore.

Diversity in California's Legal Services Community


This panel will compare known data about diversity in California's broader legal community and within legal services to the diversity of California's population and the diversity of legal services clients. While a major point will be the ability of the legal services community and the courts to serve a diverse population, the panel will primarily focus on best practices implemented throughout California to increase staff diversity, sharing their experiences and hopes for future success. Participants will also be invited to contribute best practices.

Effective Advocacy at SSI Administrative Hearings


This panel will focus on advocacy techniques for successful representation at administrative hearings. Topics will include: preparing the record, preparing your client for the hearing, addressing materiality of clients’ drug or alcohol use, working successfully with ALJ’s, cross-examining the vocational or medical expert and ethical issues that arise in SSA administrative hearings. It is anticipated that this panel presentation will provide participants an opportunity to learn from, and ask questions of, an SSA Administrative Law Judge or Research Attorney.

Enforcing Language Access Rights in Health Care: Effect of ACA Section 1557


Health care reform offered many opportunities to improve language access. Specifically, Section 1557 of the Patient Protection and Affordable Care Act (ACA) expressly extended the language access protections of Title VI of the Civil Rights Act of 1964 to apply to health insurance exchanges created by the ACA. Panelists will discuss language access enforcement options pre- and post-Section 1557 and practical strategies for achieving quality and comprehensive language access in the health care setting in the current legal landscape.

Ethics in a Legal Services Context


The Rules of Professional Conduct apply to all attorneys, but they often have different implications in the legal services context. This interactive program will focus on the most common ethical issues legal services attorneys face in their practice.

Ethics in Self-Help Centers: What Staff and Volunteers Need to Know


Ethical situations and dilemmas arising in a Self Help setting will be interactively discussed using hypotheticals. Ethical rules, mandates, and guidelines (including California Rules of Court, The Code of Ethics for Court Employees, the Judicial Canons, the Rules of Professional Conduct, and sections from the Family Code and Business and Professions Code) shall be applied in analysis and discussion regarding court employees, Family Law Facilitators, Self-Help Attorneys and staff, volunteers and other participants in the “Self Help” world.

Ethics in the Medical-Legal Partnership


Collaboration between lawyers and health or mental health professionals often creates tension and presents unique ethical issues. This session will provide insight into ethical considerations in the MLP setting and also on how addressing these ethical concerns presents opportunities to enhance the inter-professional MLP model. Ethical issues discussed will include conflicts of interests, client/patient confidentiality, professional independence and clients with diminished capacity. Interdisciplinary panelists will discuss distinct ethical obligations between the professions, respond to case scenarios and illuminate best practices to ensure compliance with ethical obligations.

Expanding Delivery of Legal Services Using Technology


The Program will highlight ways in which basic computer equipment and existing internet software is and can be used to provide client access (at partner sites such as libraries and community centers), expand volunteer opportunities (volunteer attorneys can participate from their offices or homes), and enhance program productivity by enabling program staff to communicate remotely with others. See an example of video conferencing by interfacing a "pro bono partner" with a "client." Get an inside look at a successful Virtual Clinic that has been operating for the past 18 months. We will also discuss the collaboration with a partner site such as libraries, the technology and software involved, and the technological interfacing between partners. Finally, participants will be asked to identify ways in which this technology could be incorporated into their projects or other projects. These project models will be shared with interested parties.

Helping Immigrants through Executive Action: A Look at DACA, DAPA and Child Refugee Processing


President Obama’s executive action of 2014 expands rights and opportunities of immigrants and their families. Legal services organizations should be ready to advise and assist immigrants eligible for the expanded Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parental Accountability (DAPA), and In-Country Refugee/Parole Processing for Minors from El Salvador, Guatemala, and Honduras. Come to this interactive session with immigration experts and hear about basic eligibility requirements, federal program implementation in California, and practice tips. Learn about the government’s current enforcement priorities in immigration and how these policies impact the communities we serve. This knowledge is a must for all who work in immigrant communities, whether they provide direct immigration legal services or not. Join us on the cutting edge.

Holistic Consumer Justice: Addressing Consumer Student Loans and Tax Controversies in a Debtors’ Rights Practice


Student loan debt and tax debt are often under-addressed by public service organizations. This panel will provide an overview and training on how student loan and tax debt may interact with other consumer justice issues. Panelists will then provide strategies to address student loan and tax debt, including how to identify such problems, what options are available, and when to refer a case to a specialist.

How Legal Aid Providers Can Advocate for Clients Under the Coordinated Care Initiative


This interactive panel will start with an overview of California's Coordinated Care Initiative (CCI), followed by lessons learned and advocacy tips from the Legal Aid Society of San Diego's Health Consumer Alliance, which serves as the CCI Ombudsman. The Ombudsman will highlight different ways legal service providers can best advocate for their clients who face CCI-related problems. The session will include the appeals and grievance processes, using accessibility as a case model. Finally, the session will close with major issues that legal aid providers should watch for as the program moves from enrollment into the delivery of services.

How to Lay a Record for Appeal


Learn the “Top 10” things that trial attorneys can do to make sure a domestic violence or family law case is positioned for a possible appeal. The goals of this training are not only to increase the number of cases available for possible appeal, but to enhance the trial court representation available to survivors of domestic violence. While the training is specific to domestic violence and family law cases, attorneys practicing in other areas are welcome--the training has broader application as much of it covers civil procedure issues.

Innovations to Better Serve Self-Represented Litigants


This workshop will look at how Orange County, Riverside County, and Travis County, Texas, are using technology to better serve those without lawyers. Orange County will share a new customer management approach, as well as a Small Claims triage tool that helps potential litigants identify community based options. Riverside will share how they are using online forms with focus on elder law cases, and Pro Bono Net will show how Travis County, Texas, used online forms to produce plain language and Spanish orders that led to a reduction in contempt actions in DV/sexual assault, and stalking cases.

LEP 101 and 102: An Overview of Language Access Laws and Enforcement Strategies to Obtain Compliance


Many immigrant clients with Limited English Proficiency are effectively excluded from or denied full participation in public services and programs including low income housing, welfare, job training programs and the courts because of their inability to speak or read English.

This panel will provide an overview of civil rights laws and enforcement tools available to advocates to fight discrimination against LEPs, followed by enforcement strategies, examining four distinct strategies aimed at achieving state and local agency compliance and eliminating the bias in many programs. The four enforcement mechanisms highlighted with real examples will include: legislative advocacy, litigation, civil rights complaints, and administrative advocacy. As a part of all four strategies the session will touch on how to incorporate a public campaign galvanizing community support.

Further the panelists will touch upon the use of these tools from the lens of different areas of law thereby allowing attendees to see how each of the enforcement tools can be used, the pros and cons of each, and how language access enforcement works in different areas of law (i.e. housing, courts, government benefits, and health care).

LGBT Cultural Competency for Legal Services


This training will increase participants' cultural competency and legal expertise needed to work effectively with lesbian, gay, bisexual and transgender clients. The workshop will cover basic LGBT terminology and steps offices can take to provide welcoming and respectful services to LGBT clients. The training will help legal services providers understand and appreciate the need for skillful communication and legal advocacy on behalf of LGBT clients; and enhance their practical skills in conducting intakes with clients and asking questions about sexual orientation and gender identity and creating a welcoming environment for LGBT clients.

Making the ACA Work for Women


The Affordable Care Act, if properly implemented, can be transformational for low-income women. The Medi-Cal expansion alone has the potential to expand comprehensive coverage to nearly 900,000 women who were previously uninsured. For women, there is a direct link between access to reproductive health services, a reduction in health disparities, and an increase in health and well-being. The ACA’s expansion of comprehensive coverage options and its requirement to cover preventive services without cost-sharing and coverage for mental health services are instrumental in reducing health disparities. Because women’s incomes and health conditions change, they need structures that minimize disruption as they potentially cycle through the intersecting systems of traditional Medi-Cal, the Medi-Cal expansion, and Covered California. This panel will discuss how state health reform implementation can support access to women’s health services, and ensure that services meet the needs of women who have typically been shut out of publicly funded health care. In addition, participants will learn about the rules that govern Legal Services Corporation funded agencies and advocacy for reproductive health services.

Mechanics Lien Litigation: Countering Wage Theft in the Day Laborer Community


In September 2012, the Wage Justice Center launched the mechanic’s lien project in an effort to address the economic exploitation and wage theft experienced by the day laborer community and to inspire and support organizing efforts to create lasting policy outcomes that increase the recovery of unpaid wages. A mechanic’s lien is a prejudgment legal tool that allows a worker to record a lien claim against the real property on which the worker was employed. The use of mechanics’ liens has significantly improved the ability of day laborers to recover unpaid wages, but remains underused and not understood by advocates.

Mindfulness and Legal Service


As lawyers and other legal-services professionals providing legal services to underserved populations, we have chosen a rewarding and valuable career path. Ours is also a career path that carries extremely high rates of depression, anxiety, compassion fatigue, and other conditions that can impair our work product and quality of life When looking into beginning, or sustaining an existing, mindfulness practice, it is beneficial to find resources tailored to our unique career challenges. In this session, we will review mindfulness concepts and the literature and studies on mindfulness practices, and then move into a practicum tailored for those in our career field.

New A2J Models: How Incubators Train New Lawyers and Provide Affordable Legal Help


Learn how “Modest Means Incubator” programs can help close the justice gap for mainstream clients who need affordable services while providing valuable experiential learning and professional development for recent law school graduates. We will explore individual model elements, lessons learned and best practices for replication based on existing incubator programs. We will also cover new service delivery models essential for economically viable practices, innovative learning laboratories, evolving roles for solo practitioners and small firms in the legal profession, post-graduate support programs and the leveraging potential of collaborations between bar associations, law schools, legal aid, law libraries and other community partners.

New Developments: Domestic Violence Cases, Family Law Statutes, Rules, and Forms


This session will provide an update on changes in the area of family law based on legislation and case law. It will also review major changes to rules and forms and identify what to be looking for in the future. The case law will highlight significant recent decisions impacting survivors of domestic violence and their children, including restraining order issuance or denial, renewal of such orders, child custody, temporary spousal support, fee waivers, and malicious prosecution.

Public Benefits and Workers’ Comp – the Alphabet Soup of Helping Workers


Workers are eligible for many different public benefits when they are injured or ill at work - or if they are terminated. These sometimes work in concert or they conflict with one another. Come take a look at the alphabet soup of benefits available to workers when they are facing hard times and discuss ways to get resources for them in a non-chaotic systematic (and calm) manner.

Representing Clients in Nursing Facilities and Assisted Living


Several hundred thousand Californians live in nursing facilities or assisted living facilities, where they too frequently are subject to poor care and inappropriate evictions. The relevant rules often are unfamiliar both to consumers and to legal services programs, and unscrupulous operators are quick to take advantage. This session will focus on the most common consumer problems as well as recent statutory and regulatory changes. The session will include the relevant law as well as discussion of the most effective advocacy strategies.

Representing Formerly Incarcerated Parents in Child Custody Cases


We live in an era of mass incarceration that is profoundly impacting families. Parents released from prisons and jails often face many barriers in reestablishing themselves in the lives of their children. California has not fully considered the reentry needs of released parents and how our legal systems can enhance, rather than harm, their opportunities for successful family reunification. This panel addresses the challenges of practitioners working to assist formerly incarcerated parents and provide strategies for working with courts and parents to foster positive relationships between parents and children.

Show Me the Money!!


Post-graduate fellowships provide a funded pathway for public service opportunities to new law school graduates. This program will focus on how legal services can recruit the right candidates, actively participate in writing the application, help with preparing the candidates for the interviews and think creatively of how to keep candidates. Although our main focus will be discussion of Equal Justice Works and Skadden, we will also try to discuss other fellowship opportunities. We hope to discuss how to collaboratively work with students and law schools on successful fellowship applications.

Small Claims Basics


A session dedicated to the small claims basics from filling out the claim form and serving to counterclaims.

Strategies for Achieving Diversity in the Judiciary


The panel will discuss the current status of diversity in the judiciary, demystify the judicial appointment process and shed light on the qualifications and attributes that the Governor seeks in judicial candidates.

Tech Tips for the Justice Community: Harnessing Technology for Legal Services Programs


This workshop will feature quick, accessible technology tips to help you work, stay connected and have fun. We'll highlight tools advocates can use to manage their work, collaborate, do better research, create multimedia and more. We'll also include tips to help attendees use the technology they already have in better ways, maintain security and keep staff on top of available options. All of the tips are free or low-cost, and have been tested or recommended by others in the justice community. Whether you are a technophobe, technophile or somewhere in between, please join us for this fun, fast-paced session!

Trauma-Informed Services for Young Sexual Assault Survivors


Sexual assault ("SA") affects all parts of survivor's life and advocates must be able to identify and address a variety of interconnected issues related to privacy, financial stability, education, housing, employment, immigration and family and civil law. Effective representation of this unique and vulnerable population requires that legal service agencies think more like social service agencies - providing holistic and trauma-informed services. This presentation provides an overview of working with traumatized young SA victims by Dr. Maribel Mejia, from the VIP Mental Health Center at LAC-USC Medical Center, as well as a discussion of trauma-informed legal practice by Angela McNair Turner, an attorney representing young SA survivors with Los Angeles Center for Law and Justice's Teen/LA program.

Undergraduate Student Volunteers in Legal Aid


Undergraduate student volunteers play a vital role in the delivery of equal access to justice, especially in rural areas. Make the most of undergraduate student volunteers, as legal interviewers and assets in language access and culturally appropriate communication. Explore best practices in recruiting and training volunteers, partnerships with undergraduate campuses, and ethical training and supervision of undergraduates.

Using Writs to Obtain Legal Compliance in County General Assistance Programs


This skill-based training will focus on the strategies and procedures for bringing writ petitions against county governments to enforce the law governing General Assistance/General Relief. We will cover the nuts and bolts of bringing writ petitions on behalf of individuals who have received an adverse, final agency decision, as well as how to initiate more broad-based challenges to government policies. While the emphasis will be on General Assistance, the training will also apply to other (public benefits and housing) writs.

Utilizing Language Access and Reasonable Accommodation to Defend Unlawful Detainers and Subsidized Housing Terminations


Limited English Proficient individuals, as well as those with a disability, are some of the most vulnerable populations subject to evictions and terminations . More and more advocates are representing clients whose circumstances requires the ability to navigate both disability law and language access laws. This panel will explore circumstances where it is appropriate to utilize language access state and federal law, reasonable accommodation law, and circumstances where there is overlap. We will provide an overview of civil rights laws around language access and disability and explore case examples such as, “my client was denied an interpreter who communicates with American Sign Language, should I use LEP laws or ADA laws?” Using case examples, we will illustrate how best to use language access and reasonable accommodation laws to preserve affordable housing for individuals who identify as LEP and/or having a disability.

What To Do When Judicial Misconduct Impacts Your Clients or Self Represented Litigants


The Commission on Judicial Performance investigates complaints of judicial misconduct and disciplines judges. Learn more about what constitutes judicial misconduct, particularly in family and civil matters where people are self-represented, have language access barriers, or believe the bench officer is biased. What you do as an attorney working with clients experiencing these issues.

When Home Is Not a Sanctuary – Strategies for Investigation and Litigation of Fair Housing Violations involving Sexual Harassment


Reports of landlords demanding ’sex for rent’ and other forms of sexual harassment often fly under the radar as victims are often reluctant to report incidents of harassment as gender discrimination particularly poor and low income tenants with economic and social barriers to housing mobility. This panel will explore the dynamics of sexual harassment as gender discrimination against tenants in low-income housing and discuss models for investigation of claims, advocacy, litigation and settlement, and include the timing of investigations-with panelists sharing their experiences in conducting interviews, gathering and analyzing key documents as well as documenting and capturing key evidence in the case, and addresslitigation and settlement strategies with a discussion of motion practice, insurance coverage analysis and how to prepare witnesses to discuss sensitive matters in front of a jury. Finally, the talk will also focus on obtaining broad relief for plaintiff and non-plaintiff residents through carefully drafted consent decrees that require future training of management and education of tenants on fair housing matters and sexual harassment.

Windsor’s Impact on Social Security and SSI: The Benefits and the Downside Two Years Later


Implementation of the Windsor decision striking down Sect. 3 of DOMA has been a lengthy and continuing process for Social Security & SSI. In this session you will learn what new benefits are available for Californians in same sex marriages and domestic partnerships and their families. You will also learn how SSI recipients are likely to lose benefits as a result of Windsor and what you can do to alleviate the impact. You will also learn about a small number of Social Security beneficiaries who stand to lose benefits in a post-Windsor world.

Workers' Rights Clinic Collaborative


A unique coalition of legal aid organizations, private bar and student volunteers and the Mexican Consulate conduct in-person and virtual workers' rights clinics.

Working with Interpreters: Practical Tips and Ethical Considerations


California is home to more than 200 languages and nearly 7 million people are limited-English proficient (LEP) individuals. To respond to this growing diversity, interpreters provide a critical role in enabling access to justice for LEP populations. This program will provide hands-on instruction to advocates on working with interpreters. It will also highlight ethical considerations to ensure that important legal rights are not lost or inadvertently forfeited. Advocates will learn how to use trained interpreters, staff and volunteers, while keeping in mind the issues of attorney-client communication and the unauthorized practice of law.

 

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