AB130,261,5 3(8) Except when a juvenile fails to appear in response or stipulates to a citation
4before accepting an admission or plea of no contest of the alleged facts in a petition
5or citation, the court shall do all of the following:
AB130,261,86 (a) Address the parties present including the juvenile personally and
7determine that the plea or admission is made voluntarily with understanding of the
8nature of the acts alleged in the petition or citation and the potential dispositions.
AB130,261,119 (b) Establish whether any promises or threats were made to elicit a plea and
10alert unrepresented parties to the possibility that a lawyer may discover defenses or
11mitigating circumstances which would not be apparent to them.
AB130,261,1312 (c) Make such inquiries as satisfactorily establish that there is a factual basis
13for the juvenile's plea or the parent's and juvenile's admission.
AB130,261,17 14(9) If a court commissioner conducts the plea hearing and accepts an admission
15of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge shall
16review the admission at the beginning of the dispositional hearing by addressing the
17parties and making the inquires set forth in sub. (8).
AB130,261,20 18(10) The court may permit any party to participate in hearings under this
19section by telephone or live audio-visual means except a juvenile who intends to
20admit the facts of the delinquency petition.
AB130,262,3 21938.305 Hearing upon the involuntary removal of a juvenile.
22Notwithstanding other time periods for hearings under this chapter, if a juvenile is
23removed from the physical custody of the juvenile's parent or guardian under s.
24938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court shall
25schedule a plea hearing and fact-finding hearing within 30 days after a request from

1the parent or guardian from whom custody was removed. The plea hearing and
2fact-finding hearing may be combined. This time period may be extended only with
3the consent of the requesting parent or guardian.
AB130,262,8 4938.31 Fact-finding hearing. (1) In this section, "fact-finding hearing"
5means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13
6(12) are supported beyond a reasonable doubt or a hearing to determine if the
7allegations in a petition or citation under s. 938.125 or 938.13 (4), (6), (6m), (7) or (14)
8are proved by clear and convincing evidence.
AB130,262,16 9(2) The hearing shall be to the court. If the hearing involves a child victim or
10witness, as defined in s. 950.02, the court may order the taking and allow the use of
11a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney,
12shall comply with s. 971.105. At the conclusion of the hearing, the court shall make
13a determination of the facts. If the court finds that the juvenile is not within the
14jurisdiction of the court or the court finds that the facts alleged in the petition or
15citation have not been proved, the court shall dismiss the petition or citation with
16prejudice.
AB130,262,21 17(4) The court shall make findings of fact and conclusions of law relating to the
18allegations of a petition under s. 938.12, 938.125 or 938.13. In cases alleging a
19juvenile to be delinquent or in need of protection or services under s. 938.13 (12), the
20court shall make findings relating to the proof of the violation of law and to the proof
21that the juvenile named in the petition committed the violation alleged.
AB130,263,10 22(7) At the close of the fact-finding hearing, the court shall set a date for the
23dispositional hearing which allows a reasonable time for the parties to prepare but
24is no more than 10 days after the fact-finding hearing for a juvenile in secure custody
25and no more than 30 days after the fact-finding hearing for a juvenile not held in

1secure custody. If it appears to the court that disposition of the case may include
2placement of the juvenile outside the juvenile's home, the court shall order the
3juvenile's parent to provide a statement of income, assets, debts and living expenses
4to the court or the designated agency under s. 938.33 (1) at least 5 days before the
5scheduled date of the dispositional hearing or as otherwise ordered by the court. The
6clerk of court shall provide, without charge, to any parent ordered to provide a
7statement of income, assets, debts and living expenses a document setting forth the
8percentage standard established by the department under s. 46.25 (9) and listing the
9factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the
10court may immediately proceed with a dispositional hearing.
AB130,263,12 11938.315 Delays, continuances and extensions. (1) The following time
12periods shall be excluded in computing time requirements within this chapter:
AB130,263,1613 (a) Any period of delay resulting from other legal actions concerning the
14juvenile, including an examination under s. 938.295 or a hearing related to the
15juvenile's mental condition, prehearing motions, waiver motions and hearings on
16other matters.
AB130,263,1817 (b) Any period of delay resulting from a continuance granted at the request of
18or with the consent of the juvenile and counsel.
AB130,263,2119 (c) Any period of delay caused by the disqualification or substitution of a judge
20or by any other transfer of the case or intake inquiry to a different judge, intake
21worker or county.
AB130,264,322 (d) Any period of delay resulting from a continuance granted at the request of
23the representative of the public under s. 938.09 if the continuance is granted because
24of the unavailability of evidence material to the case when he or she has exercised
25due diligence to obtain the evidence and there are reasonable grounds to believe that

1the evidence will be available at the later date, or to allow him or her additional time
2to prepare the case and additional time is justified because of the exceptional
3circumstances of the case.
AB130,264,44 (e) Any period of delay resulting from the imposition of a consent decree.
AB130,264,65 (f) Any period of delay resulting from the absence or unavailability of the
6juvenile.
AB130,264,107 (fm) Any period of delay resulting from the inability of the court to provide the
8juvenile with notice of an extension hearing under s. 938.365 due to the juvenile
9having run away or otherwise having made himself or herself unavailable to receive
10that notice.
AB130,264,1311 (g) A reasonable period of delay when the juvenile is joined in a hearing with
12another juvenile as to whom the time for a hearing has not expired under this section
13if there is good cause for not hearing the cases separately.
AB130,264,18 14(2) A continuance may be granted by the court only upon a showing of good
15cause in open court or during a telephone conference under s. 807.13 on the record
16and only for so long as is necessary, taking into account the request or consent of the
17representative of the public under s. 938.09 or the parties and the interest of the
18public in the prompt disposition of cases.
AB130,264,25 19(3) Failure to comply with any time limit specified in this chapter does not
20deprive the court of personal or subject matter jurisdiction or of competency to
21exercise that jurisdiction. If a party does not comply with a time limit specified in
22this chapter, the court may grant a continuance under sub. (2), dismiss the petition
23with or without prejudice, release the juvenile from secure or nonsecure custody or
24from the terms of a custody order or grant any other relief that the court considers
25appropriate.
AB130,265,1
1938.317 Jeopardy. Jeopardy attaches when a witness is sworn.
AB130,265,13 2938.32 Consent decree. (1) (a) At any time after the filing of a petition for
3a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the
4judge or juvenile court commissioner may suspend the proceedings and place the
5juvenile under supervision in the juvenile's own home or present placement. The
6court may establish terms and conditions applicable to the parent, guardian or legal
7custodian, and to the juvenile, including any of the conditions specified in subs. (1d),
8(1g) and (1t). The order under this section shall be known as a consent decree and
9must be agreed to by the juvenile if 10 years of age or older; the parent, guardian or
10legal custodian; and the person filing the petition under s. 938.25. If the consent
11decree includes any conditions specified in sub. (1g), the consent decree shall include
12provisions for payment of the services as specified in s. 938.361. The consent decree
13shall be reduced to writing and given to the parties.
AB130,265,2014 (b) 1. Before entering into a consent decree in a proceeding in which a juvenile
15is alleged to be delinquent under s. 938.12 or to be in need of protection or services
16under s. 938.13 (12), the court shall allow a victim or a family member of a homicide
17victim to make a statement or to submit a written statement to be read to the court.
18The court may allow any other person to make or submit a statement under this
19subdivision. Any statement made under this subdivision must be relevant to the
20consent decree.
AB130,266,221 2. Before entering into a consent decree in a proceeding in which a juvenile is
22alleged to be delinquent under s. 938.12 or to be in need of protection or services
23under s. 938.13 (12), the district attorney or corporation counsel shall attempt to
24contact any known victim or family member of a homicide victim to inform that
25person of the right to make a statement under subd. 1. Any failure to comply with

1this subdivision is not a ground for discharge of the juvenile, parent, guardian or
2legal custodian from fulfilling the terms and conditions of the consent decree.
AB130,266,13 3(1d) If the petition alleges that the juvenile has committed an act that would
4constitute a misdemeanor if committed by an adult, if the chief judge of the judicial
5administrative district has approved under s. 973.11 (2) a volunteers in probation
6program established in the juvenile's county of residence and if the judge or juvenile
7court commissioner determines that volunteer supervision under that volunteers in
8probation program will likely benefit the juvenile and the community, the judge or
9juvenile court commissioner may establish as a condition under sub. (1) that the
10juvenile be placed with that volunteers in probation program under such conditions
11as the judge or juvenile court commissioner determines are reasonable and
12appropriate. These conditions may include, but need not be limited to, any of the
13following:
AB130,266,1614 (a) A directive to a volunteer to provide for the juvenile a role model, informal
15counseling, general monitoring and monitoring of the conditions established by the
16judge or juvenile court commissioner, or any combination of these functions.
AB130,266,1817 (b) Any other conditions that the judge or juvenile court commissioner may
18establish under this section.
AB130,266,24 19(1g) If the petition alleges that the juvenile committed a violation specified
20under ch. 161 and if the multidisciplinary screen conducted under s. 938.24 (2) shows
21that the juvenile is at risk of having needs and problems related to the use of alcohol
22beverages or controlled substances and its medical, personal, family and social
23effects, the judge or juvenile court commissioner may establish as a condition under
24sub. (1) any of the following:
AB130,267,4
1(a) That the juvenile participate in outpatient treatment from an approved
2treatment facility for alcohol and other drug abuse, if an alcohol and other drug abuse
3assessment that conforms to the criteria specified under s. 938.547 (4) was completed
4under s. 938.295 (1).
AB130,267,95 (b) That the juvenile participate in a court-approved pupil assistance program
6provided by the juvenile's school board or a court-approved alcohol or other drug
7abuse education program. The juvenile's participation in a court-approved pupil
8assistance program under this paragraph is subject to the approval of the juvenile's
9school board.
AB130,267,15 10(1r) If the conditions of the consent decree provide for an alcohol and other drug
11abuse outpatient treatment program under sub. (1g) (a), the juvenile or, if the
12juvenile has not attained the age of 12, the juvenile's parent, guardian or legal
13custodian shall execute an informed consent form that indicates that they are
14voluntarily and knowingly entering into a consent decree for the provision of alcohol
15and other drug abuse outpatient treatment.
AB130,268,3 16(1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed
17a delinquent act that has resulted in damage to the property of another, or in actual
18physical injury to another excluding pain and suffering, the judge or juvenile court
19commissioner may require the juvenile, if the juvenile is 10 years of age or older, as
20a condition of the consent decree, to repair the damage to property or to make
21reasonable restitution for the damage or injury if the judge or juvenile court
22commissioner, after taking into consideration the well-being and needs of the victim,
23considers it beneficial to the well-being and behavior of the juvenile. Any consent
24decree that includes a condition of restitution shall include a finding that the juvenile
25alone is financially able to pay and may allow up to the date of the expiration of the

1consent decree for the payment. Objection by the juvenile to the amount of damages
2claimed shall entitle the juvenile to a hearing on the question of damages before the
3amount of restitution is made part of the consent decree.
AB130,268,94 2. In addition to any other employment or duties permitted under ch. 103 or
5any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is
6participating in a restitution project provided by the county may, for the purpose of
7making restitution under the consent decree, be employed or perform any duties
8under any circumstances in which a juvenile 14 or 15 years of age is permitted to be
9employed or to perform duties under ch. 103 or any rule or order under ch. 103.
AB130,268,1110 3. Under this paragraph, a judge or juvenile court commissioner may not order
11a juvenile who is 10 to 13 years of age to make more than $250 in restitution.
AB130,268,1412 (b) If the juvenile has attained the age of 10, the judge may require the juvenile
13to participate in a supervised work program or other community service work under
14s. 938.34 (5g) as a condition of the consent decree.
AB130,268,17 15(2) (a) A consent decree shall remain in effect for up to one year unless the
16juvenile, parent, guardian or legal custodian is discharged sooner by the judge or
17juvenile court commissioner.
AB130,268,2418 (c) Upon the motion of the court or the application of the juvenile, parent,
19guardian, legal custodian, intake worker or any agency supervising the juvenile
20under the consent decree, the court may, after giving notice to the parties to the
21consent decree and their counsel, if any, extend the decree for up to an additional 6
22months in the absence of objection to extension by the parties to the initial consent
23decree. If the parent, guardian or legal custodian objects to the extension, the court
24shall schedule a hearing and make a determination on the issue of extension.
AB130,269,6
1(3) If, prior to discharge by the court, or the expiration of the consent decree,
2the court finds that the juvenile or parent, legal guardian or legal custodian has
3failed to fulfill the express terms and conditions of the consent decree or that the
4juvenile objects to the continuation of the consent decree, the hearing under which
5the juvenile was placed on supervision may be continued to conclusion as if the
6consent decree had never been entered.
AB130,269,12 7(4) No juvenile who is discharged by the court or who completes the period of
8supervision without reinstatement of the original petition may again be proceeded
9against in any court for the same offense alleged in the petition or an offense based
10on the same conduct, and the original petition shall be dismissed with prejudice.
11Nothing in this subsection precludes a civil suit against the juvenile or parent for
12damages arising from the juvenile's conduct.
AB130,269,16 13(5) A court which, under this section, elicits or examines information or
14material about a juvenile which would be inadmissible in a hearing on the
15allegations of the petition may not, over objections of one of the parties, participate
16in any subsequent proceedings if any of the following applies:
AB130,269,1917 (a) The court refuses to enter into a consent decree and the allegations in the
18petition remain to be decided in a hearing where the juvenile denies the allegations
19of delinquency.
AB130,269,2120 (b) A consent decree is granted but the petition under s. 938.12 or 938.13 is
21subsequently reinstated.
AB130,270,2 22(6) The judge or juvenile court commissioner shall inform the juvenile and the
23juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to
24object to the continuation of the consent decree under sub. (3) and of the fact that the

1hearing under which the juvenile was placed on supervision may be continued to
2conclusion as if the consent decree had never been entered.
AB130,270,43 SUBCHAPTER VI
4 DISPOSITION
AB130,270,7 5938.33 Court reports. (1) Report required. Before the disposition of a
6juvenile adjudged to be delinquent or in need of protection or services, the court shall
7designate an agency to submit a report which shall contain all of the following:
AB130,270,88 (a) The social history of the juvenile.
AB130,270,129 (b) A recommended plan of rehabilitation or treatment and care for the juvenile
10which is based on the investigation conducted by the agency and any report resulting
11from an examination or assessment under s. 938.295, which employs the most
12effective means available to accomplish the objectives of the plan.
AB130,270,1813 (c) A description of the specific services or continuum of services which the
14agency is recommending that the court order for the juvenile or family, the persons
15or agencies that would be primarily responsible for providing those services, and the
16identity of the person or agency that would provide case management or coordination
17of services if any or whether or not the juvenile should receive an integrated service
18plan.
AB130,270,2019 (d) A statement of the objectives of the plan, including any desired behavior
20changes and the academic, social and vocational skills needed by the juvenile.
AB130,270,2321 (e) A plan for the provision of educational services to the juvenile, prepared
22after consultation with the staff of the school in which the juvenile is enrolled or the
23last school in which the juvenile was enrolled.
AB130,271,324 (f) If the agency is recommending that the court order the juvenile's parent,
25guardian or legal custodian to participate in mental health treatment, anger

1management, individual or family counseling or parent training and education, a
2statement as to the availability of those services and as to the availability of funding
3for those services.
AB130,271,7 4(2) Home placement reports. A report recommending that the juvenile remain
5in his or her home may be presented orally at the dispositional hearing if all parties
6consent. A report that is presented orally shall be transcribed and made a part of the
7court record.
AB130,271,14 8(3) Correctional placement reports. A report recommending placement of a
9juvenile in a secured correctional facility under the supervision of the department
10or a secured child caring institution shall be in writing, except that the report may
11be presented orally at the dispositional hearing if the juvenile and the juvenile's
12counsel consent. A report that is presented orally shall be transcribed and made a
13part of the court record. In addition to the information specified under sub. (1) (a)
14to (d), the report shall include all of the following:
AB130,271,2015 (a) A description of any less restrictive alternatives that are available and that
16have been considered, and why they have been determined to be inappropriate. If
17the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or
183. applies, the report shall indicate that a less restrictive alternative than placement
19in a secured correctional facility or a secured child caring institution is not
20appropriate.
AB130,271,2321 (b) A recommendation for an amount of child support to be paid by either or
22both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
23for the establishment of child support.
AB130,272,7 24(3m) Youthful offender program reports. In addition to the report under
25sub. (1), if it appears that a juvenile may be suitable for participation in the youthful

1offender program under s. 938.537, the court shall order the department of
2corrections to submit a report analyzing the juvenile's suitability for participation in
3that program and recommending whether the juvenile should be placed in that
4program. The report shall be in writing, except that the report may be presented
5orally at the dispositional hearing if the juvenile and the juvenile's counsel consent.
6A report that is presented orally shall be transcribed and made a part of the court
7record.
AB130,272,13 8(4) Other out-of-home placements. A report recommending placement in a
9foster home, treatment foster home, group home or nonsecured child caring
10institution shall be in writing, except that the report may be presented orally at the
11dispositional hearing if all parties consent. A report that is presented orally shall be
12transcribed and made a part of the court record. The report shall include all of the
13following:
AB130,272,1414 (a) A permanency plan prepared under s. 938.38.
AB130,272,1715 (b) A recommendation for an amount of child support to be paid by either or
16both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
17for the establishment of child support.
AB130,272,22 18(4m) Support recommendations; information to parents. In making a
19recommendation for an amount of child support under sub. (3) or (4), the agency shall
20consider the factors that the court considers under s. 46.10 (14) (c) for deviation from
21the percentage standard. At or before the dispositional hearing under s. 938.335, the
22agency shall provide the juvenile's parent with all of the following:
AB130,272,2323 (a) Its recommendation for juvenile support.
AB130,272,2524 (b) A written explanation of how the parent may request that the court modify
25the amount of child support under s. 46.10 (14) (c).
AB130,273,3
1(c) A written explanation of how the parent may request a revision under s.
2938.363 in the amount of child support ordered by the court under s. 938.335 (2) (b)
34.
AB130,273,13 4(5) Identity of foster parent or treatment foster parent; confidentiality.
5If the report recommends placement in a foster home or a treatment foster home, and
6the name of the foster parent or treatment foster parent is not available at the time
7the report is filed, the agency shall provide the court and the juvenile's parent or
8guardian with the name and address of the foster parent or treatment foster parent
9within 21 days after the dispositional order is entered, except that the court may
10order the information withheld from the juvenile's parent or guardian if the court
11finds that disclosure would result in imminent danger to the juvenile or to the foster
12parent or treatment foster parent. After notifying the juvenile's parent or guardian,
13the court shall hold a hearing prior to ordering the information withheld.
AB130,273,23 14938.331 Court reports; effect on victim. If the delinquent act would
15constitute a felony if committed by an adult, the person preparing the report under
16s. 938.33 (1) shall attempt to determine the economic, physical and psychological
17effect of the delinquent act on the victim. The person preparing the report may ask
18any appropriate person for information. This section does not preclude the person
19who prepares the report from including any information for the court concerning the
20impact of a delinquent act on the victim. If the delinquent act would not constitute
21a felony but a victim has suffered bodily harm or the act involved theft or damage to
22property, the person preparing the report is encouraged to seek the information
23described in this section.
AB130,274,4 24938.335 Dispositional hearings. (1) The court shall conduct a hearing to
25determine the disposition of a case in which a juvenile is adjudged to be delinquent

1under s. 938.12, to have violated a civil law or ordinance under s. 938.125 or to be in
2need of protection or services under s. 938.13, except that the court shall proceed as
3provided in s. 938.237 (2) if a citation is issued and the juvenile fails to contest the
4citation.
AB130,274,7 5(3) At hearings under this section, any party may present evidence relevant
6to the issue of disposition, including expert testimony, and may make alternative
7dispositional recommendations.
AB130,274,14 8(3m) (a) Before imposing a disposition in a proceeding in which a juvenile is
9adjudged to be delinquent under s. 938.12 or is found to be in need of protection or
10services under s. 938.13 (12), the court shall allow a victim or a family member of a
11homicide victim to make a statement or to submit a written statement to be read to
12the court. The court may allow any other person to make or submit a statement
13under this paragraph. Any statement made under this paragraph must be relevant
14to the disposition.
AB130,274,2015 (b) After a finding that a juvenile is delinquent under s. 938.12 or is found to
16be in need of protection or services under s. 938.13 (12), the district attorney or
17corporation counsel shall attempt to contact any known victim or family member of
18a homicide victim to inform that person of the right to make a statement under par.
19(a). Any failure to comply with this paragraph is not a ground for an appeal of a
20dispositional order or for any court to reverse or modify a dispositional order.
AB130,274,22 21(3r) At hearings under this section, a parent of the juvenile may present
22evidence relevant to the amount of child support to be paid by either or both parents.
AB130,275,2 23(4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the
24request of any party, unless good cause to the contrary is shown, the court may admit

1testimony on the record by telephone or live audio-visual means, if available, under
2s. 807.13 (2). The request and the showing of good cause may be made by telephone.
AB130,275,4 3(5) At the conclusion of the hearing, the court shall make a dispositional order
4in accordance with s. 938.355.
AB130,275,9 5938.34 Disposition of juvenile adjudged delinquent. If the court adjudges
6a juvenile delinquent, the court shall enter an order deciding one or more of the
7dispositions of the case as provided in this section under a care and treatment plan.
8A disposition under sub. (4m) must be combined with a disposition under sub. (4n).
9The dispositions under this section are:
AB130,275,11 10(1) Counseling. Counsel the juvenile or the parent, guardian or legal
11custodian.
AB130,275,16 12(2) Supervision. (a) Place the juvenile under the supervision of an agency, the
13department, if the department approves, or a suitable adult, including a friend of the
14juvenile, under conditions prescribed by the court including reasonable rules for the
15juvenile's conduct, designed for the physical, mental and moral well-being and
16behavior of the juvenile.
AB130,275,2117 (b) If the juvenile is placed in the juvenile's home under the supervision of an
18agency, as defined under s. 938.38 (1) (a), order the agency to provide specified
19services to the juvenile and the juvenile's family, which may include but are not
20limited to individual, family or group counseling, homemaker or parent aide
21services, respite care, housing assistance, day care or parent skills training.
AB130,275,2322 (c) Order the juvenile to remain at his or her home or other placement for a
23period of not more than 20 days under rules of supervision specified in the order.
AB130,276,7 24(2g) Volunteers in probation program. If the juvenile is adjudicated
25delinquent for the commission of an act that would constitute a misdemeanor if

1committed by an adult, if the chief judge of the judicial administrative district has
2approved under s. 973.11 (2) a volunteers in probation program established in the
3juvenile's county of residence and if the court determines that volunteer supervision
4under that volunteers in probation program will likely benefit the juvenile and the
5community, placement of the juvenile with that volunteers in probation program
6under such conditions as the court determines are reasonable and appropriate.
7These conditions may include, but need not be limited to, any of the following:
AB130,276,108 (a) A directive to a volunteer to provide for the juvenile a role model, informal
9counseling, general monitoring and monitoring of the conditions established by the
10court, or any combination of these functions.
AB130,276,1111 (b) Any other disposition that the court may impose under this section.
AB130,276,13 12(2r) Intensive supervision. Order the juvenile to participate in an intensive
13supervision program under s. 938.534.
AB130,276,14 14(3) Placement. Designate one of the following as the placement for the juvenile:
AB130,276,1515 (a) The home of a parent or other relative of the juvenile.
AB130,276,1616 (b) A home which need not be licensed if placement is for less than 30 days.
AB130,276,1817 (c) A foster home or treatment foster home licensed under s. 48.62 or a group
18home licensed under s. 48.625.
AB130,276,1919 (d) A child caring institution licensed under s. 48.60.
AB130,276,2420 (e) An independent living situation effective on or after the juvenile's 17th
21birthday, either alone or with friends, under such supervision as the court considers
22appropriate, but only if the juvenile is of sufficient maturity and judgment to live
23independently and only upon proof of a reasonable plan for supervision by an
24appropriate person or agency.
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