Involuntary Commitment Laws - Understanding Involuntary Addiction Treatment (2022)

No one wants to involuntarily commit their loved one to mental health treatment, but it can be comforting to know options exist during dangerous situations.

Seeing a loved one struggle with the damaging influence of substance use and other mental health disorders can be frustrating and confusing. Often, people hope to encourage a positive change, but they feel helpless.

Though the situation is complex, there are options one may employ to connect their friend or family member to the type of help they need. In some cases, pursuing an involuntary mental health commitment or an involuntary civil commitment could be the decision that changes a loved one’s life forever.

What Is Involuntary Commitment?

An involuntary commitment is a legal intervention where a judge orders a person to be confined in a psychiatric hospital. The involuntary commitment process is set in motion by a serious mental disorder or troublesome mental health symptoms.

The purpose of involuntary commitment is two-fold:

  1. To protect a person with a mental illness from behaviors that could threaten their life or well-being
  2. To protect others from a person with a severe mental illness

A person with intense mental health symptoms may not see the dangers associated with their thoughts or actions because the illness is disrupting their judgment and perception. These people will not see a need for mental health services and likely refuse attempts to encourage treatment.

An involuntary commitment is a way for a person to force another individual intoprofessional treatmentso they can receive the care and attention they need. Without involuntary commitment, a person experiencing severe mental health symptoms could cause significant harm to self or others.

Related Topic:Can you force someone into rehab?

Although inpatient hospitalization is usually associated with commitments, most states have involuntary outpatient commitments as well. In an` outpatient commitment, a judge orders the individual to attend outpatient mental health treatment to address their symptoms.

Criteria for Having Someone Committed

The reasons for involuntary commitment have shifted over the last 50 years. Previously, a judge could commit someone based a need for treatment, which resulted in many people being held for years or decades in institutions. Now, the standard is based on a person’s level of dangerousness. Generally, the criteria for having someone committed involves:

  • The person having amental health disorder, including substance use disorders
  • The person poses a serious risk to themselves
  • The person poses a serious risk to others
  • The person is too disabled to adequately care for their daily needs

Most states adopted these guidelines, with a few exceptions. For example, Delaware only focuses on a person’s inability to make responsible choices, and Iowa only needs evidence that shows the person could cause an emotional injury to another individual.

These criteria aim to commit people who need mental health services but cannot make the choice to receive treatment independently. Some people appropriate for involuntary commitment include:

  • Someone with severe depression and suicidal thoughts, intent or plans
  • A person violently aggressive due to a manic episode or psychosis
  • An older person with dementia who is not caring for their needs

Who Can Initiate the Process?

In most cases, anyone can begin the commitment process by calling 911 or alerting authorities to the situation. It is important to remember that the policies and procedures vary at the state or county level. For example, in Pennsylvania, a doctor or police officermay initiate commitmentwithout prior authorization. All other individuals must involve a mental health delegate to complete the commitment.

(Video) Gov. Baker Proposes 72-Hour Involuntary Commitment To Get Addicts Into Treatment

When a friend, family member or other concerned person encourages a commitment, they are called a petitioner. The petitioner works with family, crisis professionals, law enforcement, doctors and judges to ensure the process is completed.

How Long Does It Last?

The involuntary commitment length of stay also varies by state. For example, in Pennsylvania, hospital staff cannot keep people admitted under an involuntary commitment for more than120 hours. Lengths are predetermined by each state and set to a minimum to keep from infringing on the rights of the person being committed. They’re also standardized, and hospital staff can propose extended stays based on the needs of the individual.

Mental Health Commitment Laws by State

There is tremendous variability regarding involuntary commitment laws by state. Different states vary by:

  • The grounds for commitment
  • The commitment process
  • The duration of stay
  • The option for outpatient commitment

Substance use disordersadd another layer into the equation. These conditions are technically mental health conditions, but at times, law enforcement, medical personnel and mental health experts treat the disorders differently.

Related Topic:Court ordered mental health treatment

States with Involuntary Commitment Laws for Substance Abuse Disorder Only

One state has involuntary commitment for substance abuse disorders only. If someone is intoxicated or endangering themselves and others due to substance use, excluding alcohol use, concerned people could ask for involuntary substance abuse treatment. Currently, Vermont is the only state thatpermits this level of commitment.

States with Involuntary Commitment Laws for Alcoholism Only

Montana and Rhode Islandare currently the only states that allow involuntary commitment for alcoholism. These states are different from others because they do not allow involuntary commitment for addiction to substances like opioids, stimulants and hallucinogens and instead focus only on alcohol use disorders.

States with Involuntary Commitment Laws for Both Substance Use Disorder and Alcoholism

The majority of states sanctioninvoluntary drug and alcohol treatment. The states are:

  • Alaska
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Florida
  • Georgia
  • Hawaii
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Nebraska
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin

How to Get Help for a Loved One in Crisis

Getting help for a loved one in crisis may be simple or quite complex depending on the situation and their symptoms. There is a high burden of proof needed to show someone needs involuntary treatment.

If someone is exceptionallysuicidalor homicidal, the need is clear, but if someone is using large amounts of alcohol or other drugs, there must be compelling evidence to justify hospitalization. A person worried about a friend or loved one should always consider commitment.

In most cases, the process can begin with a call to 911 or a local mental health or crisis response team. From there, professionals will ask questions to determine the best course of action based on the law and the person’s treatment needs.

Florida haspassed legislationto increase access to involuntary treatment through The Baker Act and The Marchman Act.

(Video) Involuntary commitment with Dr. Dinah Miller

The Baker Act

The Baker Act allows law enforcement, mental health professionals or medical professionals to request a voluntary or involuntary commitment of an individual who is at risk of serious injury to self or others. This law allows for the individual to be involuntarily held for up to 72 hours and may be initiated by mental health professionals, doctors, law enforcement officials and judges.

The Marchman Act

The Marchman Actallows friends and family to get help for a loved one who is using substances, and the substance use will likely harm their well-being without treatment. This involuntary treatment period can last 60 days, though 90-day extensions are available if deemed necessary.

Involuntary Treatment Outcomes

Many people believe addiction treatment must be voluntary to produce the desired results, but this might not always be true. The National Institute on Drug Abuse reports mandated treatmentcan be effective. People who are required to attend mental health or substance use treatment have higher attendance rates and longer tenures in treatment. These two aspects result in positive treatment outcomes. Studies of people pressured into treatment show results that are similar or better than those who attend voluntarily.

Of course, no one wishes for their loved one to need emergency psychiatric treatment, but it is comforting to know helpful options exist. If your loved one lives withco-occurring substance use and mental health disorderand is willing to attend treatment to avoid commitment, considerreaching outto The Recovery Village. The Recovery Village is a professional substance use treatment center specializing in addiction and co-occurring mental health conditions.

Involuntary Commitment Laws - Understanding Involuntary Addiction Treatment (2)
(Video) Avoiding Pitfalls & Missteps with Involuntary Commitment: Guidance & Wisdom from a Legal Perspective

Medically Reviewed By – Eric Patterson, LPC

Eric Patterson is a licensed professional counselor in the Pittsburgh area who is dedicated to helping children, adults, and families meet their treatment goals. Read more

Mental Health related topics:


Which States Have Involuntary Commitment Laws for Addiction Treatment?Addiction Treatment LawsWhat Is the Marchman Act?The Mental Health Parity ActThe Difference Between Pyromania and ArsonTourette’s MythsAntisocial Personality Disorder FAQEating Disorder TreatmentHow to Help Someone with OCDDissociative Disorders

(Video) Families of Addicts- How To Get Someone Involuntarily Committed To Treatment

All Related Topics


Broward Behavioral Health Coalition. “Baker Act and Marchman Act.” Accessed May 17, 2019.

Erie County Pennsylvania. “Voluntary and Involuntary Commitment of […]ing a Mental Crisis.” Accessed May 17, 2019.

National Institute on Drug Abuse. “Principles for Drug Addiction Treatment:[…]uide (Third Edition).” January 2018. Accessed May 17, 2019.

Testa, Megan, West, Sara G. “Civil Commitment in the United States.” Psychiatry, October 2010. Accessed May 17, 2019.

Vimont, Celia. “Many States Allow Involuntary Commitment[…] Addiction Treatment.” Partnership for Drug-Free Kids, September 14, 2016. Accessed May 17, 2019.

Medical Disclaimer

The Recovery Village aims to improve the quality of life for people struggling with substance use or mental health disorder with fact-based content about the nature of behavioral health conditions, treatment options and their related outcomes. We publish material that is researched, cited, edited and reviewed by licensed medical professionals. The information we provide is not intended to be a substitute for professional medical advice, diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare providers.

(Video) Involuntary Commitment to a Mental Health Facility in Indiana


What is the process for involuntary commitment Texas? ›

In order to begin the Involuntary Commitment process, a Mental Health Warrant must be issued. This warrant serves as a Magistrate's Order for Emergency Apprehension and Detention. The “Magistrate” is the Judge who will issue the warrant.

What are the criteria for involuntary commitment in California? ›

In California involuntary commitment is subject to strict legal requirements.
5150 Criteria for the Hold:
  • Danger to self: The person must be an immediate threat to themselves, usually by being suicidal. ...
  • Danger to others: The person must be an immediate threat to someone else's safety.
  • Gravely disabled:

What are 3 ways in Georgia for having an involuntary admission authorized? ›

There are three ways an individual might be ordered to undergo an involuntary evaluation:
  • Petition the court. Two people petition the probate court for an involuntary mental evaluation. ...
  • Doctor's request. ...
  • Law enforcement.
11 Dec 2020

Can my family make me go to rehab? ›

The general answer is: No. Most state laws don't permit forcible rehab of adults (outside of criminal sentencing for drug- or alcohol-related crimes, of course).

What are the basic steps to obtain an involuntary commitment? ›

First, a concerned party asks law enforcement (or medical or mental health professionals) to help them place a person who is at risk of harming themselves or others in a psychiatric facility. Next, a mental health professional interviews the person to determine whether they need to be committed.

What do you do if someone refuses mental health treatment? ›

What to do when they don't want help
  1. Listen and validate. If your relationship is iffy, it doesn't hurt to just listen. ...
  2. Ask questions. Ask your loved one what they want! ...
  3. Resist the urge to fix or give advice. ...
  4. Explore options together. ...
  5. Take care of yourself and find your own support.

What is Laura's law in California? ›

Laura's Law is California's state law that provides community-based, assisted outpatient treatment (AOT) to a small population of individuals who meet strict legal criteria and who – as a result of their mental illness – are unable to voluntarily access community mental health services.

What's the difference between 5150 and 5250? ›

A 5250 is a 14-day long involuntary treatment hold in a hospital or mental health facility and an extension of a 5150. If the treating facility wants to extend a 5150 to a 5250, the peer has the right to a Certification Review Hearing. At this time, the peer is entitled to a written notice that they are being held.

What is a 72 hour psychiatric hold? ›

The person may remain in hospital for up to 72 hours while they receive an emergency assessment. If the person is not found to be a risk to themself or others, they can leave the hospital if they wish, even if it is against medical advice.

What is the Baker Act in GA? ›

Under certain circumstances, as ordered by a judge of Probate Court or Superior Court, Georgia law authorizes involuntary treatment of persons proved to be suffering from mental illness or drug or alcohol addiction.

How long is a psychiatric hold in Georgia? ›

It authorizes a 72 hour involuntary hold so it is also known as the 72 hour hold rule. It is called a “1013” because Form 1013 is completed by the assessing physician (or other health care professional). The form is at the Georgia Department of Behavioral Health & Developmental Disabilities (DBHDD) website.

What is a 1014 in Georgia? ›

In the 1014, the mental health care provider documents that the person was examined and needs further evaluation for possible admission to a hospital unit for treatment.

How do I apply for Section 33? ›

How Do I Attain a Section 33 Court Order?
  1. Two affidavits declaring that the addict poses a threat to themselves and others.
  2. A social worker's report on the situation (this is arranged through ARCA rehabs)
  3. The designated practitioner's psychosocial report (this is arranged through ARCA rehabs)
18 Aug 2021

Can my parents make me go to rehab? ›

Many states allow parents to force their minor children—under the age of 18—to attend drug and alcohol rehab even without the child's consent. However, things change for those 18 and older. Therefore, a number of states enacted involuntary commitment laws (applicable to those over the age of 18).

Can parents force you to go to therapy? ›

The same is true when it comes to outpatient therapy. Your mom, dad, or caregiver cannot schedule an appointment on your behalf. You don't have to go to therapy if you don't want to. Even if you end up going to a therapist, they cannot call the therapist and discuss your issues without your consent.

What is it called when someone is involuntarily committed to treatment? ›

Involuntary commitment, civil commitment, involuntary hospitalization or involuntary hospitalisation (Commonwealth English; see spelling differences), (also known informally as sectioning or being sectioned in some jurisdictions, such as the United Kingdom) is a legal process through which an individual who is deemed ...

What is the main reason for an involuntary admission? ›

Factors Associated With Involuntary Hospitalization

They are based primarily on risk, including risk of suicide or self-injury, risk of harming others, or both and which is usually determined by psychiatrists (13).

Is involuntary treatment effective? ›

Studies suggest that the long-term effects of involuntary medication on individuals with schizophrenia and manic-depressive illness (bipolar disorder) are more beneficial than is commonly thought.

How do you get someone mental help if they don't want it? ›

Fortunately, there are several ways of getting mental help for someone who doesn't want it without forcing or cornering them.
  1. Listen and Validate Their Feelings. ...
  2. Ask Questions. ...
  3. Resist the Urge to Fix or Give Advice. ...
  4. Explore Options Together. ...
  5. Find Support for Yourself.
31 May 2022

What to do if someone is mentally unstable and won't get help? ›

Call 2-1-1 for general community resources. Call the Central Coast Hotline for mental health guidance and crisis or suicide prevention 24 hours a day, 7 days a week at (800) 783-0607.

How do you Baker Act someone? ›

A Circuit Court

A Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination must be filed in the court that the person you are wishing to Baker Act is living. Once you find your court below, you can either visit the website or call for specific instructions on requesting and filing forms.

How long is a 5150 hold in California? ›

A person on a 5150 can be held in the hospital involuntarily for up to 72 hours. This does not mean that they will necessarily be held the entire 72 hours; it means that psychiatric hospitals have the legal right to do so if determined to be necessary.

Who qualifies for AOT? ›

You are at least 18 years old. You have a serious mental disorder. There has been a decision, based on a clinical opinion, that either one of the following two things is true: You are unlikely to survive safely in the community without supervision (like AOT) and your mental health condition is getting worse; OR.

What did the Lanterman Petris Short Act do? ›

Petris and Alan Short, the LPS Act sought to, “end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders.” It also established a right to prompt psychiatric evaluation and treatment, in some situations, and set out strict due process protections for mental health clients.

What is a 1799 hold? ›

Emergency Rooms & 1799.  Health and Safety Code 1799.111.  Is an emergency psychiatric hold ordered by licensed professional. staff (physicians) who provide emergency medical services in a. licensed general acute care hospital (once an individual is otherwise.

What is a 5300 hold? ›

WIC 5300 180-Day Hold: Danger to Others

Toward the end of the 14-day hold, you may be held for up to 180 days if: 1) You are still a danger to others, or 2) You have either seriously threatened or physically harmed another person while in the facility.

What is a 14 day hold? ›

If your doctor places you on a 14 day hold, it is because he/she believes that you continue to be either a danger to yourself, a danger to others, gravely disabled or some combination of these reasons. It is called a 14 day hold because you may continue to be hospitalized involuntarily for up to 14 more days.

What is the 3 month rule Mental Health Act? ›

Under Section 58, a 3-month rule specifically applies to medication for mental disorder for detained patients covering the first 3 calendar months commencing from the first date (not necessarily the date on which they were detained) they are administered such treatment as a detained patient; after 3 months such ...

What is Form 4 Mental Health Act? ›

Note: This medical certificate, when duly signed, is authority for anyone to apprehend the person who is the subject of this certificate and to transport the person to a designated facility for admission and detention for a 48 hour period.

What can trigger a psychotic episode? ›

Psychosis could be triggered by a number of things, such as: Physical illness or injury. You may see or hear things if you have a high fever, head injury, or lead or mercury poisoning. If you have Alzheimer's disease or Parkinson's disease you may also experience hallucinations or delusions.

How does a Marchman Act work? ›

Under the Marchman Act, law enforcement officers are permitted to take a person under Protective Custody (with consent) to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate. It is one of the above.

What is a 1013 hold in Georgia? ›

In the state of Georgia, there exists a legal document called a 1013 form. The purpose of the 1013 form is to initiate transportation to an “emergency receiving facility” and is completed by an authorized licensed clinician.

What is the difference between Marchman Act and Baker Act? ›

These acts mean that a person can be held for up to 72 hours for an involuntary assessment for mental health or substance abuse issues. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.

Does Georgia have involuntary commitment? ›

Any licensed doctor in the State of Georgia, can also commit a person in the State of Georgia, for involuntary treatment upon signing a 1013 Request Form.

What happens after a 72 hour hold? ›

The 72 Hour Rule

However, after 72 hours, the patient can refuse to cooperate with further medical treatment. The medical providers must decide between releasing the patient or requesting a mental health hearing to persuade a judge that the patient needs further help to prevent self-harm or harm to others.

How long can a patient be held on 1013 in Georgia? ›

1013 Good for 48 hrs. Must be examined by M.D. *Georgia Law permits 1013/2013 to be signed by MD, Psychologist, LCSW, APRN [CNS].

What does code 1013 mean? ›

10-13 Advise weather and road conditions. 10-14 Citizen holding suspect. 10-15 Prisoner in custody.

How long does a 1014 last in Georgia? ›

Often the direct assessment for the 1014 is being completed by someone representing the doctor. Then that information is reviewed with the doctor and he or she helps to make a determination. It authorizes the person (patient) to stay at the facility for up to 5 days not including weekends and holidays.

What is a medical hold? ›

Medical Hold means the confinement of a youth ordered by a physician for purposes of medical quarantine, recovery, or observation.

What is the meaning of Section 33? ›

Section 33 is generally designed to foreclose injured employees from double recoveries where they receive both benefits under the Act and civil damages from a successful negligence action.

What is a Section 33? ›

A section 33 is a second notice that you also have to send to short assured tenants as well as the notice to quit. This should be a letter that tells your tenant: the right amount of notice for the grounds. you want possession of the home once the notice ends.

How do you involuntarily commit someone in South Africa? ›

What you should do
  1. Go to a doctor or a clinical psychiatrist.
  2. The doctor will: assess and examine you. give you a referral letter.
  3. Apply for admission at a mental institution,
  4. Submit: a referral letter. your written consent. copy of your identity document (ID).

Can my family make me go to rehab? ›

The general answer is: No. Most state laws don't permit forcible rehab of adults (outside of criminal sentencing for drug- or alcohol-related crimes, of course).

Can a teenager refuse mental health treatment? ›

Can I refuse to give consent to medical treatment? You will not usually be allowed to refuse treatment if your doctor believes it is in your best interests and your parents or guardian agree. The doctor should help you to understand the importance of having the treatment.

What do you do when your child refuses therapy? ›

Options for When Your Teen Refuses Counseling
  1. Seek counseling on your own without your teen. Often, parent-training can be one of the most effective ways to help teens. ...
  2. Speak with your teen's school guidance counselor. ...
  3. Create a contract with your teen. ...
  4. Consider online counseling.
18 Sept 2020

Can a child be institutionalized? ›

Most institutionalized children, especially those older than two, need rehabilitation after orphanage life. Even if a child initially appears normal, problems may arise with time. For example, attachment problems may not become apparent until a child feels secure in his or her new environment.

How long is a psychiatric hold in Texas? ›

5150 is the number of the section of the Welfare and Institutions Code, which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization. A person on a 5150 can be held in the psychiatric hospital against their will for up to 72 hours.

How do I get a mental health warrant in Texas? ›

Mental Health Warrants
  1. Any adult may file an application with a magistrate, including a justice court judge, for an emergency mental health assessment.
  2. The application must state:
  3. The application may be accompanied by any relevant information.
  4. The application must be personally presented to the magistrate.

What is a Section 28 in Texas? ›


How do you get a 5150 hold? ›

What makes someone eligible for a 5150?
  1. The person is a danger to others. Historically, the courts have most often interpreted this in a very restrictive way. ...
  2. If the person is a danger to self. The courts generally interpret this as a life-threatening danger to self (i.e. suicide).
  3. If the person is gravely disabled.

What is Baker Act Texas? ›

The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment), which can be initiated by judges, law enforcement officials, physicians, or mental health professionals and close friends and relatives. There must be evidence that the person: possibly has a mental illness.

How long is a mental health warrant good for in Texas? ›

No, the mental health warrant only allows for law enforcement to transport a person to a mental health hospital for evaluation. Does a mental health warrant expire? Yes, 48 hours after issuance.

What happens during a 72 hour hold? ›

5150 or 72 hour hold

This 72 hour period is sometimes referred to as an “observation period”. During this 72 hour period, the treatment team assesses whether the patient meets criteria for involuntary hospitalization. The law mandates that all patients must be treated in the least restrictive setting possible.

Can the police detain you under the mental health Act? ›

Section 136 allows the police to take you to (or keep you at) a place of safety. They can do this without a warrant if: you appear to have a mental disorder, AND. you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND.

How do you Baker Act someone? ›

A Circuit Court

A Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination must be filed in the court that the person you are wishing to Baker Act is living. Once you find your court below, you can either visit the website or call for specific instructions on requesting and filing forms.

How do you commit someone to a mental hospital in Texas? ›

You can be picked up and detained in two ways: a judge can order a peace officer to take you to an inpatient mental health facility based on an application filed by an adult, or. a peace officer can detain you and take you to an inpatient mental health facility without a court order or a warrant.

What is Section 26 of the mental health Act? ›

Section 26 of the Mental Health Act 1983 sets out who will be your nearest relative. The list is in strict order and the person who is highest on the list is your nearest relative.

How do you get a family member sectioned? ›

When can my nearest relative section me or place me under a guardianship? If your nearest relative is concerned about your mental health, they can contact your local social services or community mental health team and apply to section you or place you under a guardianship.

What happens when you go to a mental hospital? ›

You're likely to have access to a range of talking therapies and medication. Trained staff are around to support you, for example, if you feel like self-harming. You might feel you're getting a welcome break from stressful experiences or problems. It can provide structure in your day and there are people around you.

What's the difference between 5150 and 5250? ›

A 5250 is a 14-day long involuntary treatment hold in a hospital or mental health facility and an extension of a 5150. If the treating facility wants to extend a 5150 to a 5250, the peer has the right to a Certification Review Hearing. At this time, the peer is entitled to a written notice that they are being held.

What is a 1799 hold? ›

Emergency Rooms & 1799.  Health and Safety Code 1799.111.  Is an emergency psychiatric hold ordered by licensed professional. staff (physicians) who provide emergency medical services in a. licensed general acute care hospital (once an individual is otherwise.

What does a 5150 prevent you from doing? ›

Inpatient Hospitalization

If a person detained on a 5150 is officially admitted to a designated inpatient facility for DTS or DTO, California law prohibits them from purchasing or owning a firearm for the next five years.


1. "Sell" or Involuntary Administration of Medications Hearing
2. The best defense against involuntary commitment
3. Duke Law | Fitch and Swanson on Civil Commitment
(Duke University School of Law)
4. Health Care Half Hour - Involuntary Commitments
(NC Health News)
5. Involuntary Commitment
(Darryl Owens)
6. Why so few mental health patients in Oregon get involuntary treatment | The Story | Aug. 31, 2022
(KGW News)

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