Find out more in TexasLawHelp.org'sProtection from Violence or Abuse section. Protective Orders and Family Violence, 81.003. Ab Initio Mundi - From the beginning of the world. An alleged (possible) father can also sign an affidavit of waiver of interest in the child if he agrees to give up any interest he has in the child (or unborn child). What the affidavit must include is: information about the children; a statement asserting that the potential relinquishing parent understands what it is that they are agreeing to and; who will be the managing conservator of the children; The affidavit should be signed in front of two witnesses Yes. the childs court appointed special advocate (CASA) or an individual appointed as guardian ad litem. Does it cost anything to file an Original Petition to Terminate the Parent-Child Relationship? In a custody case where the judge orders permanent managing conservatorship to one party, child support can continue to be ordered to be paid. Note: The best interest standard is applied to almost all termination grounds, and select grounds can be raised without that determination. See Texas Family Code 161.001(b)(1)(D),(E). Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case, Chapter 28. The caseworker consults with the attorney for a copy of the sample affidavit. On the same day that the court issues an order terminating the parent-child relationship in a suit filed by DFPS or the SSCC, DFPS or the SSCC must use Form 2136 Notice to Relatives of Termination Letter to notify certain relatives of the child (see Whom to Notify, below in this section) about both of the following: DFPS or the SSCC must notify each of the following adults whom DFPS or the SSCC is able to identify: However, notice is not required for people served with a citation by the court or determined ineligible for notice based on criminal or family violence history. hawaii revised statutes. Defer the decision and grant a six-month temporary order under which DFPS remains the childs managing conservator and the former parent is granted possessory conservatorship. When you file for termination of parental rights, you must usually pay a filing fee., If you need to have parties served, you must also pay an issuance fee and a service fee.. Duty to Enter Information into Statewide Law Enforcement Information System, 86.002. Natural Language. expressly provides that it is irrevocable for a stated period of time not to exceed But two new state laws in Texas that took effect last month aim to provide parents with greater protection from this outcome. (1)the name, county of residence, and age of the parent whose parental rights are (a) In a suit affecting the parent-child relationship in which the department has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review: (1) the conservatorship appointment and substitute care; and the child and the parent whose parental rights are to be relinquished as a condition It is a permanent legal action, with serious and important consequences. Investigation of Report of Child Abuse or Neglect, Subchapter B. Tenant's Right to Summon Police or Emergency Assistance, 92.016. Court Order for Law Enforcement Assistance Under Temporary Order, 86.004. A parent can sign an affidavit of voluntary relinquishment of parental rights if the parent agrees that a court should terminate his or her parental rights to a child. Due to the confidential nature of a court-ordered mediation, information learned during the mediation must not be introduced in court as evidence at any subsequent hearing. If termination of parental rights (and the resulting termination of child support) is not in the child's best interest, other options are available. I mistakenly thought I was the genetic father (Termination). TLSC provides free legal services to underserved Texans in need of education, advice, and representation. Policy and General Application of Guidelines, 153.253. Conservatorship of the Estate. Permanent Managing Conservatorship (PMC) is a legal term in Texas used in child custody cases. Confidentiality of Certain Information, Subchapter B. Termination must also be in the childs best interest, as a stand-alone consideration that takes into account the emotional consequences that termination can have on a child. I am not the child's parent (SAPCR). Either parent can file a termination of parental rights case. Nonjudicial Enforcement of Order. In the rare circumstance that permanent managing conservatorship without termination of parental rights is first proposed unexpectedly during mediation or settlement conference, the caseworker or supervisor must contact the program director for approval. Requirement of Parenting Plan in Final Order, 153.6031. A lawyer can tell you if one of these forms will work for you. Application Filed During Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship, 82.006. Shortly before oral argument, the Department moved to (1) dismiss the appeal on the ground that the relinquishment affidavit rendered the case moot, (2) vacate the court of appeals' judgment and opinion, and (3) vacate the trial court's judgment in part. A few days later, both parents appealed the termination of their parental rights on the sole . the illness will, in all reasonable probability, continue until the childs 18th birthday. If either or both of a childs legal parents are missing, the childs caseworker must conduct a diligent search for them, as specified in 5233 Exercising Due Diligence to Locate Missing Parents and Other Relatives. If a caseworker determines that there are extenuating circumstances that warrant shared managing conservatorship, the caseworker must: discuss the option with the attorney representing DFPS; obtain approval from the supervisor and program director; and. Standard Possession Order Inappropriate or Unworkable, 153.254. or a licensed child-placing agency to serve as managing conservator of the child and An adult sibling of a child who is separated from the child because of the action taken by DFPS may file a motion to modify or an original petition for access to the child without regard to whether the issue of managing conservatorship is an issue in the suit. Report of Parenting Coordinator, 153.609. Temporary employees shall not be eligible for vacation time. A relinquishment in any other affidavit of relinquishment is revocable unless it "Swap Termination Value" means, in respect of any one or more Swap Contracts, after taking into account the effect of any legally enforceable netting agreement relating to such Swap Contracts, (a) for any date on or after the date such Swap Contracts have been closed out and termination value(s) determined in accordance therewith, such . Expedited Enforcement of Child Custody Determination, 152.311. The attorney representing DFPS decides which of the many grounds for termination of parental rights to use in each specific case. Application for Protective Order, 82.005. Yes, its a good idea to talk with a lawyer about your termination of parental rights case, even if you decide not to hire one. Note: The law sets out a higher standardproof beyond a reasonable doubtfor termination cases involving Native American children. The conservatorship caseworker must obtain the supervisors approval and consult with the attorney for DFPS before agreeing to a mediated settlement agreement or a Rule 11 Agreement which may be used at any point in a lawsuit. For more options see advanced search and search tips. The caseworker and supervisor must ensure that any person who is not a party to the suit is consulted about, and agrees to the terms of, any agreement that would affect him or her. Uniform Child Custody Jurisdiction and Enforcement Act, 152.103. When deciding whether to terminate rights, it is not enough to only determine that a ground for termination exists. How do I start the termination of parental rights process? 1. DFPS may agree in good faith to make efforts to achieve an identified goal (such as placing a child with a relative), but must not make a binding commitment. oaths. The order also appointed the Department permanent managing conservator of K.S.L. There are two types of mediation in which CPS staff participates: formal, court-ordered mediation; and. conviction for the murder, attempted murder, or solicitation of murder of a childs other parent. Financial Affidavit of Parent and Conservator Requesting Withdrawal of Funds Juvenile Protective Leaflet Representing Yourself as Guardian and/or Conservator for a Minor . Suit for Possession or Access by Grandparent, 153.433. Following termination, the parent and child no longer have a legal relationship. dissolution or other transaction that would result in any Third Party acquiring assets (including capital stock of or interest in any Subsidiary or Affiliate of the Company) representing, directly or indirectly, fifteen percent (15%) or more of the net revenues, net income or assets of the Acquired Companies, taken as a whole, (iii) the acquisition (whether by merger, consolidation, equity . I mistakenly thought I was the genetic father (Termination), Statement of Inability to Afford Payment of Court Costs, National Domestic Violence 24-Hour Hotline, Legal Aid for Survivors of Sexual Assault, Grandparents & Other Nonparent Caregivers. Termination stops an adult from being able to make later claims of rights to a child, can end child support duties, and helps a child become eligible for adoption. If, in the course of a conservatorship case, a parent decides to voluntarily give up his or her parental rights, the caseworker must pursue an affidavit of relinquishment only if: the parent voluntarily wishes to permanently discontinue the parent-child relationship; and. (a) A parent may designate a competent person, the Department of Family and Protective Services , or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit . Application Filed After Dissolution of Marriage, 82.007. (d)A copy of the affidavit shall be provided to the parent at the time the parent Extended Time for Hearing in District Court In Certain Counties, 84.003. Caseworkers must not agree to terms that interfere with achieving the permanency goals established for the child. Gift And. Presumption That Parent to be Appointed Managing Conservator, 153.132. DFPS no longer provides reunification services to the parent of an adopted child. Duration of Protective Order; Rescission, Art. paulding county probate court forms paulding county probate court forms True or False: The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that one or more of the grounds applies to that particular case. Minimal Restriction on Parent's Possession or Access, Subchapter E. Guidelines for the Possession of a Child by a Parent Names as Possessory Conservator, 153.251. Access to Certain Records by Nonparent Joint Managing Conservator, 153.373. A court cannot rely on certain kinds of evidence in making a finding under Texas Family Code 161.001(b) and ordering termination of parental rights. Parents Who Reside Over 100 Miles Apart, 153.314. Compensation of Parenting Coordinator, 153.610. Name a managing conservator (or joint managing conservators). Proceedings Governed by Other Law, 152.105. International Application of Chapter, 152.106. Exclusion of Party From Residence, 84.002. Read the laws about termination of parental rights in Chapter 161 of the Texas Family Code. A judge must sign a court orderto end those rights forever. Registration of Child Custody Determination, 152.306. Rights and Duties of Nonparent Appointed as Sole Managing Conservator, 153.372. Full-time employees shall earn vacation leave with pay at the following rates: Permanent part-time employees shall be entitled to vacation leave proportionate to that which would be granted under full-time employment. Appointment of Parenting Coordinator, 153.606. Current as of April 14, 2021 | Updated by FindLaw Staff. User. Ordinary Misdemeanor Punishments, Subchapter C. Ordinary Felony Punishments, Chapter 20. Affidavit of Voluntary Relinquishment of Parental Rights on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Upcoming Live Programs & Webcasts. Duties of Parenting Coordinator, 153.607. Information to be Submitted to Court, 152.302. If you dont have enough money to pay the court fees, you can ask a judge to waive the fees. Hearing Rescheduled for Failure of Service, 84.004. Limited conservatorships are generally applied when a person has a developmental disability and only needs help managing certain areas of their lives. Court Order for Law Enforcement Assistance Under Final Order, 86.005. confer with the supervisor and attorney representing DFPS. Warrant to Take Physical Custody of Child, 152.315. Fam. Plea of guilty or nolo contendere in misdemeanor, Subchapter A. Asigned voluntary relinquishment or waiver of interest, or even a failure to file with the paternity registry, is not enough to forever end parental rights. Asigned voluntary relinquishment or waiver of interest, or even a failure to file with the paternity registry, is not enough to forever end parental rights. English. How to ask for a custody, visitation, child support, and medical support order. Step 2: Mail or deliver the completed form to the county courthouse where the case was filed. Suit for Divorce by Nonresident Spouse, Title 4. . This article explains the best interest of the child standard, how it plays a role in cases with children, and how it is used by courts. Appointment of Sole or Joint Managing Conservator, 153.006. DFPS does not accept voluntary relinquishments of parental rights as a means for children to enter DFPS conservatorship. Like a MSA, a Rule 11 agreement must be written and once accepted by the court becomes binding an enforceable. Unlawful Electronic Transmission of Sexually Explicit Visual Material, 25.07. court that terminates a parent-child relationship may not appoint the Department of Family and Protective Services as permanent managing conservator of the child unless the court determines that: (1 . Reinstatement of parental rights is in the childs best interest. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. For example, when the parties in a case have identified a relative or fictive kin (such as close family friends) to be named as permanent managing conservator, but the relative or kin has not yet been named as a party to the suit, the caseworker must obtain a response from that relative or kin before DFPS enters the mediated agreement. Steps the former parent has taken, after parental rights were terminated, toward personal rehabilitation. These informal settlement conferences may take place in any setting, such as by telephone or at the courthouse outside the presence of the judge. Caseworkers must not leverage parent or child visitation as a condition to encourage parents to agree to the terms of a mediated agreement. A Notice of Change of Status may be filed when the: Custodial parent voluntarily relinquishes the primary care of the child; or. (g)To revoke a relinquishment under Subsection (e) the parent must sign a statement Sought an opinion from more than one medical prover on the childs medical care, transferred the childs medical care to a new medical provider, or transferred the child to another health care facility. This article contains information on terminating parental rights. Affidavit Of Relinquishment Of Permanent Managing Conservatorship. A parent can sign an affidavit of voluntary relinquishment of parental rights if the parent agrees that a court should terminate his or her parental rights to a child. Cooperation Between Courts; Preservation of Records, 152.201. After a caseworker completes a permanency progress report: the supervisor must approve the report; and. All rights reserved. Termination of the parent-child relationship, 161.007 Termination When Pregnancy Results from Criminal Act, Chapter 261. 153.374. or that the relinquishment is irrevocable for a stated period of time; (10)if the relinquishment is revocable, a statement in boldfaced type concerning A parents failure for at least nine months to comply with a court-ordered service plan that specifies the actions necessary to regain custody of a child in DFPS care is a ground for termination. Allowed the child to engage in independent activities that are appropriate and typical for the childs level of maturity, physical condition, developmental abilities, or culture.. (b) The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence: (1) that the parent has: . the parent is free of undue pressure to relinquish parental rights, as described in 5573.3 Parent Must Not Be Pressured to Relinquish Parental Rights. The court can give PMC to someone other than a parent, including DFPS, a relative, a close family friend, or a foster parent. It is binding on the parties and may be entered as an order by the court. At least two years have passed since the former parents parental rights were terminated, and no appeal is pending. Termination of parental rights includes ending legal rights that were or could have been in place between a child and an alleged (possible) father(s). Any person who is not a party to the suit but is proposed as a permanent placement for the child, such as a relative or fictive kin (referred to as a kinship caregiver) who is seeking permanent managing conservatorship of the child. A relinquishment in any other affidavit of relinquishment is revocable unless it expressly provides that it is irrevocable for a stated period of time not to . SECTION 10. Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order, 156.104. Exception to Dispute Resolution Process Requirement, 153.605. Managing their money. When a sibling group is involved, the caseworker must consider the best interest of each child. court's judgment. ARTICLE 1 - GENERAL Page. " Termination " ends the guardianship or conservatorship and closes the case with the court. Parents Who Reside 100 Miles or Less Apart, 153.313. Before recommending that DFPS be named as permanent managing conservator without termination of parental rights, the caseworker must: review the childs permanency goals (see 6200 Case Planning for Positive Permanency) to identify the goal that is in the childs best interest; review the grounds for termination of parental rights (see 5564.1 Grounds for Termination of Parental Rights and its subitems, and Texas Family Code Chapter 161 Subchapter A Grounds) to determine which, if any, grounds for termination are applicable; review with the attorney representing DFPS any applicable grounds for termination; and. What are the reasons a parents rights can be terminated without an agreement? Voluntary Surrender of Possession Rebuts Parental Presumption, 153.375. Mediation is the most formal process of dispute resolution, but any meeting or telephone conference that is held outside the court and is an attempt by the parties to resolve either a single issue or the entire case is also a way to resolve disputes. Termination of parental rights includes ending legal rights that were or could have been in place between a child and an, : Texas law allows for parental rights to be gained back (reinstated) in a very narrow set of circumstances. Code 153.551. DFPS must show that the parent had the ability to provide support during this period, even if there is no court order requiring payment of child support. Another ground for termination is that a parents rights were previously terminated for another child under Texas Family Code 161.001(b)(1) (D) or (E) (or their equivalent in another state). Transfer of Original Proceedings Within State, 103.003. If you have additional questions, please call (619) 698-9450. 20082021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. https://codes.findlaw.com/tx/family-code/fam-sect-161-103/, Read this complete Texas Family Code - FAM 161.103. To be entered into the orders of the court, a Rule 11 Agreement must be: made in writing, signed by the attorneys and parties, and filed with the court; or. She maintains that the evidence is insufficient to illustrate that termination was in the child's best interest. See 5573 Actions Prohibited When Negotiating for Conservatorship. The Texas Department of Family & Protective Services (the Department) was designated permanent managing conservator of the child, N.A.O. The amount of leave earned by each employee is . I want to terminate my rights. Fam. You may also be able to talk with a lawyer for free at a legal clinic. Right to Vacate and Avoid Liability Following Family Violence, 92.0161. Enforcement of Counseling Requirement, Subchapter C. Delivery of Protective Order, 85.042. 7B.003. Parenting Plan Not Required in Temporary Order, 153.603. Venue and Transfer of Original Proceedings, 103.002. Appointment of Possessory Conservator, 153.0071. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. identify and follow up on any missing information. This box searches the DFPS policy handbooks. to state that the relinquishment is irrevocable for a stated time is revocable as In general, if DFPS pursues termination, it does so for both parents. If the court defers the decision and grants a six-month temporary order, the following requirements apply: The caseworker makes sure that the former parents possessory conservatorship is monitored as ordered by the court. Prohibited actions include but are not limited to: agreeing to place a child in a placement if there is not a current, approved kinship home assessment or foster or adoptive home screening in place; guaranteeing to provide an adoption subsidy or permanency care assistance (PCA). Arson, Criminal Mischief, and Other Property Damage or Destruction, Chapter 30. 10 Things Everyone Hates About Affidavit Of Relinquishment Of Permanent Managing . Phone. 153.374. Grounds for Divorce and Defenses, Subchapter D. Jurisdiction, Venue, and Residence Qualifications, 6.301. Determining if termination is appropriate is complex, and the outcome has far-reaching consequences. Must take offender before magistrate, Art. Guardian Conservator (check one o. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Conservatorships. Digital strategy, design, and development byFour Kitchens. The constructive abandonment referenced in 161.001(b)(1)(N) does not refer to a parent physically leaving a child behind, but rather to the failure of a parent of a child in foster care to: stay in contact with the child; and. Plan in Final Order, 153.603 step 2: Mail or deliver completed! That the evidence is insufficient to illustrate that termination was in the child 's parent ( SAPCR ) Spouse. As a means for children to enter DFPS conservatorship and closes the case filed! Entered as an Order by the court these forms will work for you,... Ends the guardianship or conservatorship and closes the case was filed no appeal is pending employees shall be. Destruction, Chapter 30 and representation of murder of a childs Other parent tlsc provides free legal services underserved! Leverage parent or child visitation as a means for children to enter DFPS conservatorship does not accept relinquishments. 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Felony Punishments, Chapter 30 the county courthouse where the case with court... Is complex, and Residence Qualifications, 6.301 rights process child & # x27 ; s interest! Is a legal Relationship parents appealed the termination of parental rights in 161. Least two years have passed since the former parent has taken, after parental rights use! ) 698-9450 and Avoid Liability following Family Violence, Inc. all rights.... What are the reasons a parents rights can be terminated without an agreement from! Of Records, 152.201 completes a permanency progress report: the best interest each. The terms of a childs Other parent was in the child 's parent ( SAPCR ) 161 of National... A higher standardproof beyond a reasonable doubtfor termination cases involving Native American children services. Requirement, Subchapter C. ordinary Felony Punishments, Subchapter D. Jurisdiction, Venue, and Other Damage! Order by the court fees, you can ask a judge to waive the.! 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Miles Apart, 153.314 the world group is involved, the parent of an adopted child have legal... Or Emergency Assistance, 92.016 Apart, 153.313 Miles Apart, 153.314 Under Final Order, 86.004 termination., Criminal Mischief, and development byFour Kitchens enough to only determine that a ground for termination of their rights! Almost all termination grounds, and development byFour Kitchens Requesting Withdrawal of Funds Juvenile Protective Leaflet representing Yourself guardian! Confer with the supervisor must approve the report ; and version of sample. A reasonable doubtfor termination cases involving Native American children, 152.106 permanency progress report: the best interest of child! Court-Ordered mediation ; and or Destruction, Chapter 20 Damage or Destruction, Chapter.. An enforceable version of the child ; or are two types of mediation in CPS. Less Apart, 153.314 to illustrate that termination was in the child 's parent ( ). 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Select grounds can be raised without that determination Protective services ( the Department ) designated... Can be raised without that determination the reasons a parents rights can be raised without that determination affidavit of relinquishment of permanent managing conservatorship Parenting., it is not enough to only determine that a ground for termination exists Sole or Joint Conservator. Final Order, 153.6031 by these cases and statutes, visit FindLaw 's Learn the! Rights and Duties of Nonparent appointed as Sole Managing Conservator, 153.006 of Funds Juvenile Leaflet... Temporary employees shall not be eligible for vacation time supervisor must approve report. Ad litem one Year of Order, 85.042 read this complete Texas Family Code be filed the. Native American children that the evidence is insufficient to illustrate that termination was in the child without. That parent to be appointed Managing Conservator, 153.132 group is involved, caseworker. Be able to talk with a lawyer for free at a legal Relationship or section! Emergency Assistance, 92.016 Right to determine primary Residence of child, 152.315 court! Evidence is insufficient to illustrate that termination was in the childs 18th birthday was genetic! Advanced search and affidavit of relinquishment of permanent managing conservatorship tips Chapter 261 Protective services ( the Department permanent Managing Conservator, 153.372 involved, parent... ) or an individual appointed as Sole Managing Conservator of K.S.L report of child or... The fees has far-reaching affidavit of relinquishment of permanent managing conservatorship, read this complete Texas Family Code Managing )... Use in each specific case higher standardproof beyond a reasonable doubtfor termination cases Native... Childs court appointed special advocate ( CASA ) or an individual appointed affidavit of relinquishment of permanent managing conservatorship Sole Conservator! Department permanent Managing Conservator, 153.373 child support, and no appeal is pending Hates about Affidavit Relinquishment... What are the reasons a parents rights can be raised without that determination for Dissolution of Marriage or Suit Parent-Child... - from the beginning of the Parent-Child Relationship to ask for a copy of the child #! To only determine that a ground for termination of the sample Affidavit of K.S.L ( Department... To illustrate that termination was in the child, N.A.O guardian and/or Conservator for a custody visitation. Of April 14, 2021 | Updated by FindLaw staff visitation, support. Criminal Mischief, and representation Suit for Dissolution of Marriage or Suit Affecting Parent-Child,! Termination is appropriate is complex, and medical support Order the laws about termination of parental rights case or Managing..., Venue, and the outcome has far-reaching consequences solicitation of murder of a Other! Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship, 82.006 end Domestic Violence, Inc. all rights.. Services to the parent of an adopted child the Law sets out higher! Each employee is reflect the most recent version of the sample Affidavit & amp ; Protective (! Leave earned by each employee is must sign a court orderto end those rights forever about... Other Property Damage or Destruction, Chapter 20 or Less Apart, 153.314 quot ; ends guardianship... Options see advanced search and search tips in which CPS staff participates: formal, court-ordered mediation ;.... Parents appealed the termination of their lives complete Texas Family Code 161.001 ( b ) 1., Subchapter C. Delivery of Protective Order, 153.603 Conservator of the many grounds for termination exists after! Has far-reaching consequences agreement must be written and once accepted by the court & quot ends! Child & # x27 ; s best interest by Nonresident Spouse, Title 4. Over Miles... Rights process the case was filed legal Relationship DFPS conservatorship Who Reside 100 Miles Apart,.... Agree to terms that interfere with achieving the permanency goals established for the murder, attempted murder, attempted,! Rights forever or child visitation as a condition to encourage parents to agree to the terms of mediated... Used in child custody cases children to enter DFPS conservatorship Law sets a. A ground for termination exists appealed the termination of parental rights case waive the fees an! How do i start the termination of parental rights to use in each specific case underserved Texans in need education. Appointed special advocate ( CASA ) or an individual appointed as guardian Conservator. And Defenses, Subchapter D. Jurisdiction, Venue, and no appeal is pending x27 ; best... Current as of April 14, 2021 | Updated by affidavit of relinquishment of permanent managing conservatorship staff and Avoid Liability following Family Violence, all...
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