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A BILL TO BE ENTITLED
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AN ACT
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relating to a foster children's bill of rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.007 to read as follows: |
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Sec. 263.007. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In |
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this section, "foster children's bill of rights" means the list of |
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rights prescribed by Subsection (b) to which each child in |
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substitute care is entitled. |
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(b) It is the policy of this state that each child in |
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substitute care has the right: |
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(1) to live in a safe, healthy, and comfortable home |
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where the child is treated with respect; |
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(2) to be free from physical, sexual, emotional, and |
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other abuse, including corporal punishment; |
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(3) to be free from discrimination or harassment on |
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the basis of gender, race, religion, national origin, disability, |
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sexual orientation, or HIV status; |
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(4) to receive adequate and healthy food and adequate |
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clothing; |
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(5) to receive appropriate medical, dental, vision, |
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and mental health services; |
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(6) to not be locked or otherwise confined in any room, |
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building, or facility or placed in an area where the child is |
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physically prevented from leaving, unless the child is placed in a |
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residential treatment facility or a mental health facility under an |
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order of a physician or court; |
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(7) to have a private storage space in the home or |
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facility in which the child resides to store the child's personal |
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belongings; |
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(8) to not be subjected to unreasonable searches of |
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the child's personal belongings; |
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(9) to contact caseworkers, attorneys ad litem, |
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guardians ad litem, and court-appointed special advocates; |
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(10) to communicate with caseworkers, judges, |
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attorneys ad litem, guardians ad litem, court-appointed special |
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advocates, foster parents, and other providers in the child's |
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primary language, including in sign language; |
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(11) to visit and contact siblings and to contact |
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other family members, unless prohibited by court order; |
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(12) to attend religious services and activities of |
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the child's choice; |
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(13) to interact with persons outside of the foster |
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care system, including teachers, church members, mentors, and |
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friends; |
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(14) to make and receive confidential telephone calls |
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and to send and receive unopened mail, unless prohibited by court |
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order; |
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(15) to receive a money allowance, in an amount |
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determined by the foster parent or other substitute care provider, |
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using money from the foster care payments made by the department to |
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the foster parent or other substitute care provider for the care of |
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the child; |
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(16) to maintain a personal bank account and manage |
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personal income consistent with the child's age and developmental |
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level, unless prohibited by the child's service plan; |
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(17) to expect that the child's records will be kept |
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confidential in accordance with existing state and federal law, |
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including the child's medical, mental health, child protective |
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services, and educational records; |
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(18) to receive care and treatment in the least |
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restrictive environment consistent with the best interests and |
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needs of the child; |
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(19) to not be unnecessarily or excessively medicated; |
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(20) to not be admitted as a voluntary inpatient to a |
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mental health facility unless the child consents as required by |
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Section 572.001(c), Health and Safety Code; |
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(21) if the child is at least 14 years of age, to |
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request a medical review of the child's medical care, including a |
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review of the medications prescribed to the child, by a medical |
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review team, and to receive a copy of the results of any medical |
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review; |
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(22) to be informed before the child is 16 years of age |
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that the child, at 16 years of age, may request a court hearing to |
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determine if the child has the capacity to consent to medical care |
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under Section 266.010; |
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(23) if the child is at least 16 years of age, to |
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consent to all or some medical care, as authorized by the court |
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under Section 266.010; |
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(24) if the child is at least 12 years of age, to |
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participate in the development of the child's service plan and |
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permanency plan; |
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(25) if the child is at least 12 years of age, to |
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review and receive information regarding the child's service plan |
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and permanency plan, including any changes made to the plans and |
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information about the child's out-of-home placement; |
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(26) to be appointed an attorney ad litem who is |
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competent and provides zealous legal representation of the child's |
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interests, and to meet, in person, with the child's attorney ad |
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litem before each status hearing, permanency review hearing, or |
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placement review hearing; |
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(27) to request the appointment of an attorney or |
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guardian ad litem to represent the child, if the child is not |
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already represented by an attorney or guardian ad litem; |
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(28) to attend a court hearing that affects the |
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conservatorship or placement of the child, including a status |
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hearing, a permanency review hearing, or a placement review |
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hearing; |
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(29) if the child is at least 14 years of age, to |
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remain in the courtroom during a court hearing that affects the |
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conservatorship or placement of the child, including a status |
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hearing, a permanency review hearing, or a placement review |
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hearing; |
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(30) regardless of the child's age, to speak privately |
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to the judge at a court hearing that affects the conservatorship or |
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placement of the child, including a status hearing, a permanency |
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review hearing, or a placement review hearing; |
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(31) if the child has a disability, to be informed, in |
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writing, of the name, existence, purpose, telephone number, and |
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address of the protection and advocacy system established in this |
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state under the applicable federal developmental disability laws, |
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as defined by Section 112.001, Human Resources Code, for the |
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purpose of advocating for and protecting the rights of persons with |
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that disability; |
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(32) to attend school and participate in sports, |
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clubs, and other extracurricular activities, consistent with the |
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child's age and developmental level; |
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(33) if the child participates in a special education |
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program, to meet and consult with the surrogate parent assigned to |
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the child in accordance with federal law, regarding the child's |
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individualized education program prior to each admission, review, |
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and dismissal committee meeting held regarding the child; |
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(34) to participate in an organization that advocates |
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for or on behalf of foster youth; |
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(35) to work and develop job skills consistent with |
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the child's age in accordance with state and federal law; |
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(36) if the child is at least 16 years of age, to have |
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access to information regarding postsecondary educational and |
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vocational options available to the child, including information |
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regarding financial aid available for postsecondary education and |
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the course work or other requirements required to complete |
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vocational training and postsecondary educational programs; |
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(37) to attend classes and receive other services |
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provided under the Preparation for Adult Living Program established |
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under Section 264.121; |
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(38) on, or as soon as possible after, the date of the |
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child's 18th birthday or the date the child's disabilities of |
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minority are removed, to be provided with the child's health |
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passport information in a printed and electronic format; |
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(39) to be informed in writing of the name, address, |
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and telephone number of the person at or the division or office of |
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the department that handles complaints regarding a violation of the |
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child's rights; and |
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(40) to make a confidential complaint with the |
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appropriate person at or the division or office of the department, |
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or to speak confidentially with an appropriate person at the |
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department, regarding a violation of the child's rights without |
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punishment or threat of punishment for making the complaint. |
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(c) This section may not be construed to require a foster |
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parent or other substitute care provider to take any action that |
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would impair the health or safety of a child in substitute care. |
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Any action taken that is inconsistent with the foster children's |
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bill of rights must be included in the permanency progress report or |
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placement review report filed with a court. |
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(d) The department shall provide a written copy of the |
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foster children's bill of rights to each child placed in substitute |
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care in the child's primary language, if possible, and shall inform |
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the child of the rights provided by the foster children's bill of |
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rights: |
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(1) orally in the child's primary language, if |
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possible, and in simple, nontechnical terms; or |
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(2) for a child who has a disability, including an |
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impairment of vision or hearing, through any means that can |
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reasonably be expected to result in successful communication with |
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the child. |
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(e) A home or facility in which a child is placed in |
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substitute care shall prominently and conspicuously display a copy |
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of the foster children's bill of rights in a public area of the home |
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or facility that is readily accessible by the child. The foster |
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children's bill of rights must be printed in English and in a second |
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language. |
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(f) The department shall promote the participation of |
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foster children and former foster children in educating other |
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foster children about the foster children's bill of rights. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |