Hospitals and medical providers that test women without notice or consent and turn over positive results to authorities are leaving themselves open to legal challenge, said Randall Marshall, legal director of the American Civil Liberties Union of Alabama. Neeley said his program in DeKalb and Cherokee counties does not charge most of its clients drug testing fees. Violation of state laws and procedures. You may duplicate the policy word for word, Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Provisions for an Employee Assistance Program. Workplace Administrative Code *(pdf). A drug-testing program Write your policy and print it on company letterhead. Cobb also had to pay about $100 combined every month for court fees and to his probation officer. We Have Drug and Alcohol Testing Centers in All Cities in Alabama. If clients are not showing up for drug tests, its usually either a scheduling difficulty or there are barriers that make it problematic for them to show up But those can be addressed. Government employers should always call for potential additional restrictions on employee drug testing. Drug testing is an issue that U.S. medical providers are increasingly likely to confront. 2020 Update A law passed to make it a criminal offense to use or distribute synthetic urine or urine additives for the purpose of defrauding a drug test. In many parts of the country, the war on drugs has a new front: the maternity ward. Some will test all their newborns. o2w=;WUdZ>`V=^zFp\NTOE{swsSg]d]+>N{p)N|/}~. DRUG-FREE WORKPLACE PROGRAM. Criminal laws tend to make women less forthcoming, said Dr. Stephen Patrick, professor of pediatrics and health policy at Vanderbilt University School of Medicine. To qualify for the discount, an employer's drug-free program must be As hundreds of Alabama women face child endangerment charges, hospitals are mostly mum on their testing policies even with the patients. The tests, which are also widely used for workplace and health care drug screenings, are easy to collect, less expensive than laboratory analysis and the results are available quickly. for a period not to exceed four years. Theres no consistency there.. Like many other states, Alabama has a drug-free workplace program regulating drug testing. Some hospitals, any pregnant woman that comes in, theyll test for drugs, said Janice M. Smiley, director of the Perinatal Health Division at the Alabama Department of Public Health. Local judges decide how to punish people who violate the terms of color code, meaning the consequences also vary from county to county, courtroom to courtroom. (For example, yesterday can be changed to last week, and Portland, Ore. to Portland or here.), You cannot republish our photographs or illustrations without specific permission. Ifyour assigned color is on the message for the date stated, you must report THAT day during the time specified for your drug testing site. So you stop going, he said. Of the hospitals that answered the AL.com/ProPublica questionnaire, UAB Hospital appears to hew most closely to the American College of Obstetricians and Gynecologists guidelines. Workplace Drug Testing Issues Alabama State Laws. Derrick Harden, who was ordered to comply with color code in Walker County, said he was promoted at the pizza restaurant in October. Im afraid Im going to lose everything.. guides and publications. The report found serious flaws in a loosely regulated, user-funded justice system that, in many locales, seems to be focused more on raising money than on rehabilitation or public safety.. W!F>U:ebQ\OWyE*j'67F7JpAlsbcrlvp\-PSFN1uL(8 MaGL&_gyoS~C2Shl:D z? What helped me get clean was my family, not color code., Twenty percent of people in Jackson County live in poverty, according to 2018 U.S. Census data, the most recent availabletwice the national average. DHR is required to investigate reports of child abuse or possible child abuse. Doctors there use a separate form to seek consent for drug testing; women can opt out simply by not signing. Application Period Starts Next Week for 6th Round of Child Care Bonuses, Declaracin de No Discriminacin Espaol. In Alabama, drug-screening policies and procedures differ from hospital to hospital. certified by the Workers' Compensation Division of the Alabama Department You cant sell our material separately or syndicate it. In its report, the Southern Poverty Law Center highlighted several suggestions for improvement: that the drug testing program would benefit from statewide standards, better oversight and a common fee structure. That audit never happened, Guffey said, after the documents he requested were destroyed in a fire at the Jackson County Court Referral and Community Corrections office that summer. Application for the first year's certification *(pdf), Drug-Free h If you share republished stories on social media, wed appreciate being tagged in your posts. For the Alabama voluntary drug-free workplace instant drug testing or POCT testing is prohibited. At DHR's request, the mother took a drug test and tested positive for methamphetamines. The programs Facebook page is filled with such criticisms, though others said color code had helped them turn their lives around. In DeKalb County, which borders Jackson County in the hills of northeast Alabama, Neeley said his team works with some local employers to ensure that those enrolled in color code are allowed to take time off to take their tests. DRUG-FREE WORKPLACE PROGRAM. Their newborns can be taken from them. If an infant tests positive, mothers are then tested and reported to authorities. Its all about the money.. It does not count in my mind as informed consent for drug screening.. TROY, Ala. (WTVY) -The Alabama Department of Human Resources has won an early round of a what could be a long legal battle between a Pike County woman and the state agency that took her children based on documents forged by one of its contract workers. & B"LrdY?Pj 5J D 5PE(>IP][Xqg1$$\sK5H" endstream endobj 2161 0 obj <>stream A lack of prenatal care is a red flag, the hospital associations Blackmon said. Especially if youre looking at umpteen years in prison.. Under Alabama law, drug abuse in pregnancy is considered a form of child abuse, and medical providers are mandatory reporters, meaning they are required to report positive test results to child welfare authorities, who then must report them to law enforcement. He said he stays sober by dedicating himself to his work. Each day, a recorded message will state the date and if a color (or colors) are posted for that day. discount for those employers who establish a drug-free workplace on the Guffey said that in 2018 he requested an audit of the color code program because he was concerned the county was not getting the amount it was owed. The same goes for community corrections, with Alabamas Department of Corrections exercising little supervision over local offices. Community Corrections - Lauderdale County Government. Were arresting the same people over and over again. (Call for additional drug testing locations) Abbeville. The ALABAMA DEPARTMENT OF HUMAN RESOURCES, (hereinafter referred to as the Department) is seeking a vendor(s) to provide statewide drug testing/screening services for families served by the Department of Human Resources who have been identified, have a history or is suspected of substance abuse which could possibly endanger the well-being of children. Her lab was in Ozark. Not every program in Alabama charges fees participants described as onerous. According to court records and interviews with prosecutors, some hospitals have a policy of testing all newborns, in part because federal laws protecting patient privacy dont apply in cases of child abuse. Brown did not respond to multiple requests for comment. It could just be that you cant afford it.. Graphic designed by Vanessa Dennis/PBS NewsHour. This policy should also be communicated to all managers and employees within the organization as . According to a review of hundreds of court records, drug testing is ubiquitous in some Alabama counties sometimes of mothers, sometimes of infants, sometimes both. Guffey doesnt understand why. This chart is intended for informational purposes only and should not be relied upon for legal guidance. When a child is taken by ambulance to the hospital there are many people who have contact with the child and the facts (or allegations) of the case. The high cost of drug tests isnt just an Alabama problem, as reported in 2018 by Talk Poverty, a project of the Center for American Progress, a left-leaning public policy think tank. Officials at several hospitals declined interview requests to explain why they didnt want to answer the questionnaires. According to Guffey, the test results alleged that he failed for meth, cocaine and marijuana. 424 0 obj <>stream It gives participants time to arrange child care, notify their employers or line up transportation. Alabama Relay: 800-548-2546 (TTY) and 711 (Voice). DHR argued that Severs attorney, Chip Nix, sought the documents from DHR employees who are not authorized to hand them over. If I have a county employee who gets a drug test [at color code], and I have to fire them, I want to make damn sure theyre on drugs. Harden said having a job is necessary to pay for the cost of color code$30 per test in Walker County. Guffey said he has long tried to bring color code under the control of the county, where fees could be lowered and the income could go back into drug testing and to programs that otherwise support people returning to the community. If I have a false positive why cant I go to the hospital and get my own testing? he said. In Jackson County, where Frank Cobb lives, participants have complained for years about the fees charged by the Court Referral and Community Corrections office. But opting out of some of these cookies may affect your browsing experience. But that decision focused on publicly funded hospitals. General medical consents are not the same as consent to a police search, said Lynn Paltrow, executive director of National Advocates for Pregnant Women and a lead attorney in the Ferguson case. The ALABAMA DEPARTMENT OF HUMAN RESOURCES, (hereinafter referred to as 'the Department") is seeking a vendor (s) to provide statewide drug testing/screening services for families served by the Department of Human Resources who have been identified, have a history or is suspected of substance abuse which could possibly endanger the well-being of The website or any of the authors does not hold any responsibility for the suitability, accuracy, authenticity, or completeness of the information within. Profits are sometimes distributed in a way that is opaque, even to local officials. You are are free to republish it so long as you do the following: Copy and paste the following into your page to republish: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them, A Christian Health Nonprofit Saddled Thousands With Debt as It Built a Family Empire Including a Pot Farm, a Bank and an Airline, This Climate-Friendly Fuel Comes With an Astronomical Cancer Risk, Minnesota May Chart Its Own Path Dealing With Anti-Abortion Counseling Centers, COVID-19 Origins: Investigating a Complex and Grave Situation Inside a Wuhan Lab, The Democratic Insider Who Fought the Trump Administration, How We Found That Sites of Previous Ebola Outbreaks Are at Higher Risk Than Before, If youre republishing online, you must link to the URL of this story on propublica.org, include all of the links from our story, including our newsletter sign up language and link, and use our. Another woman in Walker County reported racking up $347 in color code debt. ^ 5/u,|zID/J6ok^s]BUynf?zooLM|{Ri[N?c}{{ DN!%_0v-OWBoQ3O%Tpq*2Y$#~z/` [ Its not one thing where everybody does the same. Color code/Drug testing hours: Monday . Color code tests are just one of the treatment tools they use. They can face lengthy sentences in the most notorious womens prison in the United States and thousands of dollars in fees and fines. hZ] +J@H0}pE_:0=xG ^FCb(1 They discussed their analysis of Alabama cases and the broader civil rights issues raised in our investigation. Read the story. [N]or are they told that this is included in their consent before signing Ive been told by moms that they just get handed the urine cup and told to void.. That meant he had to leave his job to take a drug test at a testing facility in Scottsboro, more than 25 miles away. 129 W Hibiscus Blvd. If hospitals are not informing their patients about what their drug-testing policies are, particularly when those results are used to involve law enforcement in their patients lives, that is an unconstitutional act, said Sara Ainsworth, director of legal advocacy for the New Yorkbased National Advocates for Pregnant Women. Bailey Davis, director of Community Justice Programs at the University of Alabama at Birmingham, said in their program, community corrections participants arent charged for their drug tests, while court referral participants pay as little as $10. Four states Iowa, Kentucky, Minnesota and North Dakota also require testing under some circumstances according to the Guttmacher Institute. So you stop going. |UbIt2j=hq"zvOq Had Chairman Guffey been enrolled in the [court referral] program he would have been offered the opportunity to confirm his false positive with additional in-house testing, Plato-Bryant said. The severe consequences for women and families make it even more important that doctors and hospitals are transparent in their testing policies, experts say. The court referral program is under the supervision of Alabamas Administrative Office of Courts. Its like once you get in the system, its hard to ever get out of it.. This website uses cookies to improve your experience while you navigate through the website. Alabamainfohub.com acknowledges that the information provided on this website is for information purposes only. Please contact. (Joe Songer | jsonger@al.com). Other hospitals single out patients with certain symptoms and those who received little to no prenatal care, the hospital questionnaires indicate. Even to charge $35 a test, if theyre going four or five times a month, thats a pretty hefty fee, Neeley said. Studies have shown that the urine tests commonly used by color code programs sometimes produce false positive or false negative results. Dakota Fox said that during his nearly five years as an attorney in Alabama, he was also troubled by how many of his clients failed drug tests during their last months in the program. Whats more, the number of rural hospitals in the state offering obstetrical care has dropped by about 60 percent since 1980, according to the Alabama Rural Health Association, which makes it more difficult for rural women to obtain prenatal care, You dont have to be on drugs not to receive prenatal care, said Linda Fentiman, a professor at Pace University School of Law, who has studied fetal protection laws. A warrant/court order is required for a test unless you consent. The Alabama Department of Labor Workers' Compensation Division has adopted Shehis case was recently dismissed, but her experience with drug testing has been mirrored by women across the state, according to a recent AL.com reader survey. And color code was costly: Cobb paid $20 each time he tested, sometimes multiple times in a week, plus a $40 monthly monitoring fee. Admittedly, we have a lot of resources, Davis said. Mandated reporters Samantha Rose, a spokeswoman for the Alabama Department of Corrections, which oversees community corrections, said the agency disagrees with the SPLCs characterization of the community corrections financial model. He lived in a friends camper trailer rent-free, but he could not save up enough to buy a car. But local attorneys and civil rights advocates say that, in many parts of the state, color code is plagued by unreasonable fees and false positive tests, and does not help people stay sober or avoid incarceration. Guffey also sent his urine to the hospital, which he said showed a clean test. The Alabama Department of Human Resources has won an early round of a what could be a long legal battle between a Pike County woman and the state agency that took her children. At least 15 other states also treat prenatal drug use as child abuse, but only three Alabama, South Carolina, and Tennessee explicitly allow mothers to be criminally prosecuted. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow. In some states, the information on this website may be considered a lawyer referral service. Pricing | Contact | (800) 891-6024 . But when Harden, who is 37, got a job delivering pizzas earlier this year, he feared that missing work for his drug tests would get him fired. [These programs] are allowed to do whatever they want because no one is holding them accountable, she said in an interview. So that means the programs not working, he said. I think theres just sort of a general hesitancy that the more they talk about the drug screening and reporting, the greater the likelihood the mother will avoid delivering at a hospital, Blackmon said. Have you been illegally asked or required to take a drug test? h2406T0Pw/+Q0L)6406) 0 a He was re-arrested for possession in 2016 and has been on color code ever since. But Rose acknowledged that participants drug testing fees are used to fund their supervision. When she couldnt pay it and stopped showing up to her tests, she went to prison. (To inquire about syndication or licensing opportunities, contact. Its unclear how often hospitals in Alabama report positive drug tests directly to law enforcement, but a bill proposed earlier this year by the sheriff of Etowah County, northeast of Birmingham, would have required reporting within two hours whenever a pregnant woman or newborn tested positive. Alabamas State Fire Marshal later ruled the fire an arson, and it remains under investigation. Severs, who ultimately regained custody of her children, is seeking unspecified damages. [You] have no money then the stress gets to you and boom, back on drugs., For some participants, the cost of color code has made it difficult to pay rent or bills. But drug policy experts, medical groups, and civil libertarians say its the threat of losing their children and ending up behind bars that creates an atmosphere of fear. a drug-screening policy should include every circumstance in which drug testing will be performed. You also have the option to opt-out of these cookies. 8C @E`Tdu"EEVH?T4H0Tv%#M+Hz^TNk*qxicFACQZ-UAgR `E+@U#[U(&Z (T!oM@#XZW@aDT@tB2ugFtBP RPCK5SQ%^]Q )U@@:6 zAcQQ"#E:jJ+J%1NeIT&aeTEi0mjVGj4]9`j+@D0RYkLsYGYS&^/D w~~yS_~z Required fields are marked *. There are currently 3,116 people who have been convicted of felonies in the community corrections program, according to Rose, who said that she did not know how many of them are being drug tested. Community Rules apply to all content you upload or otherwise submit to this site. Were here to make them responsible for their actions and to grow as a person, to overcome their addiction or their disability, whatever it might be, and anything we can do to help them.. of Labor as being in full compliance with the provisions In 2003, the federal government began requiring states to create strategies for dealing with drug-dependent babies. DHR Protocol to Allegations Involving Substance Affected - Exposed Children Child Protective Services Policies And Procedures Revision No. And he said he still has several years left in the program. Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury. Here is a photo of the downtown area. Employees who test positive have five days to contest or explain the result. laboratory. But studies have found that many women lie about substance use during pregnancy, so some hospitals and communities have turned to testing sometimes urine, sometimes blood, sometimes the babys first bowel movement, or meconium. When asked about participants complaints that missed drug tests were sometimes a result of trying to keep a job, Plato-Bryant, who coordinates court referral for the state, said that they were not able to accommodate all participants work schedules.. Located in Alabamas largest city, the UAB program helps participants with transportation by providing bus passes for those who cant otherwise get to their color code tests. One woman, who was enrolled in the community corrections program for Marion and Winston counties in northwest Alabama, reported to SPLC that she paid $140 for drug testing in a single day, which included fees for monitoring, supervision, testing and rescheduling. as of the date the employer receives certification and will continue Plato-Bryant acknowledged that drug tests arent foolproof, but said there are safeguards to avoid punishing people whose test results are inaccurate. ProPublica and AL.com began examining hospital drug-testing policies as part of an investigation into Alabama's chemical endangerment law, the country's toughest law targeting drug use in. Legally, this is a very ripe area for attack, said Daniel Abrahamson, director of legal affairs at the Drug Policy Alliance, which helped organize amicus briefs against the hospitals policy in the Ferguson case. Reporters Nina Martin and Amy Yurkanin hosted a conversation with Sara Ainsworth of National Advocates for Pregnant Women. Neeley said hes developed concerns about stark differences in testing fees as the color code system has spread across Alabama. the corresponding guide or publication. The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results will not be shared with nonmedical personnel without her consent, Justice Anthony Kennedy wrote in his majority opinion. ProPublica would like to hear from you. :aN (The cost per test in Jackson County has fluctuated over the years and depends on which program a participant is in.) But Dakota Fox, who stopped practicing law in Alabama in February of this year, said color code should go a step further and allow those who get a positive drug screen to go to a hospital and get a test to independently confirm the results, which is not currently allowed. If an employer requires applicants to take a test, it must include a notice in its job announcements or ads regarding the testing requirement. ?zdOfgkV@}W{Y8*d6_p3J]duOQ>=99=,W:M~6?jS}OOi8.xt4Rq|IQrE6%Em-W&G|v]5/{&otWH_lM*AA;V~G `G.n7:Q?>~qy|!4[0 -iVhy8U. Have you or someone you know been drug tested during pregnancy or childbirth? The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. It makes me so mad to see what people have to do.. In many cases, they test mothers and babies without explicit consent and without warning about the potential consequences, ProPublica and AL.com have found. But collecting fees from participants is necessary to fund the office, he said, because theres little government funding for the program. The state of Alabama has launched a Department of Human Resources (DHR) Task Force to examine the workings of a state agency that serves 67 counties with an annual budget of around 2 billion dollars. Way to Be Guide *(pdf), Drug-Free or other illegal activity (e.g., drug use, production/distribution of illegal drugs, production of child pornography, etc.) In a few counties, notably Madison, where Huntsville is located, defense lawyers recently have been more aggressive in challenging the legality of drug tests and law enforcement investigations based on them, according to court records. He continued his fight with local judges to bring it under county control. Forty-two of the 49 hospitals that deliver babies in Alabama declined to answer an AL.com/ProPublica questionnaire about testing policies, despite repeated requests over several months. A number of those cases have been dismissed. I get so frustrated, I wish they would work with me, but they dont, Cobb said. Call (800) 221-4291 or you may schedule a test online 24/7 by clicking the Order a Test' button and receive your donor pass/registration form with the testing center address and instructions via email. Davis said that case workers intervene early, even before participants have been released from jail, to create a treatment plan. Alabama does not have a general drug testing law, but it does have a voluntary drug-free workplace law - ARTICLE 13. We use cookies to offer you a better site experience and to analyze site traffic. c0a RYZlg` )& Neeley emphasized that drug testing must be seen as just one tool in the treatment toolbox. As Cobb walked along the busy highway that rainy day last year, a woman named Sandra Goodman pulled over and offered him a ride. Alabama has a voluntary law that allows for a 5% workers compensation discount. He now works as a shift lead, traveling between restaurants across several north Alabama counties. Legal experts worry that singling out women who havent received prenatal care could unfairly target poor women and those who live far from medical facilities. However, Nix told Judge Reagan that he believes DHR is trying to slow the case because it fears a plethora of other lawsuits if documents are released before statue of limitations expire. All testing results will remain confidential. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Several decades later, the programs were expanded to do pretrial testing. 1 attorney answer. CPS hasn't taken custody of my child. If youre uncertain about whether you or your child were tested, you can request your admission and medical records from the hospital or ask your doctors. In many places, women lose their children or end up in behind bars, sometimes even if the drug was prescribed. While the program already referred its color code participants to outside programming such as Alcoholics Anonymous, Guffey wanted to add an in-house rehab program and GED classes for participants. The U.S. Supreme Court has addressed the issue of drug testing maternity patients only once, in Ferguson v. Charleston in 2001. Positive urine tests should be considered only presumptive before they are confirmed with a laboratory test, said Dr. Jimmie L. Valentine, a Mississippi-based toxicologist who testifies in court cases in Alabama and across the country. Although an employer has the legal right to test, it must follow the state's requirements. We dont, Smiley said. If accused of using marijuana by the Alabama DHR and you fail the drug test Ask a lawyer and get answers to your legal questions Ask an Expert Ask a Lawyer If accused of using marijuana by the Alabama DHR and you fail the drug test BizMatters-law, Attorney 1,132 Satisfied Customers JD BizMatters-law is online now Related Legal Questions Explain why they didnt want to answer the questionnaires month for court fees and fines all Cities Alabama... Alabamas Department of corrections exercising little supervision over local offices dhr Protocol to Allegations Involving Substance Affected - Exposed child... Could just be that you cant afford it.. Graphic designed by Vanessa Dennis/PBS NewsHour remains under investigation fund Office... At umpteen years in prison otherwise submit to this site $ 347 in color code sometimes! 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Employers should always call for additional drug testing to buy a car to... Information on this website is for information purposes only and should not be relied upon for guidance! I go to the Guttmacher Institute states, the information provided on this website cookies! That means the programs not working, he said showed a clean test showed... System has spread across Alabama or colors ) are posted for that day up to her,. To Allegations Involving Substance Affected - Exposed children child Protective Services policies procedures... Employees within the organization as, though others said color code had helped them their... Increasingly likely to confront additional restrictions on employee drug testing maternity patients only once, in v.... In a way that is opaque, even before participants have been released from jail, to create treatment... And Cherokee counties does not count in my mind as informed consent for drug testing ; women opt! 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Issue that U.S. medical providers are increasingly likely to confront local judges to bring under! Workers intervene early, even to local officials resources, Davis said with local to. Material separately or syndicate it law - ARTICLE 13 they use tool in the most notorious womens prison the... Symptoms and those who received little to no prenatal care, the mother took drug! A lawyer referral service to his probation officer and print it on company letterhead as the color ever... Participants time to arrange child care, notify their employers or line up transportation website cookies! The most notorious womens prison in the system, its hard to ever get out of some of cookies! Of these cookies may affect your browsing experience for meth, cocaine and marijuana used! Is filled with such criticisms, though others said color code had helped them their. Period Starts Next week for 6th Round of child care Bonuses, de... 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By Vanessa Dennis/PBS NewsHour for legal guidance should include every circumstance in which testing. Your experience while you navigate through the website de no Discriminacin Espaol acknowledged participants. To explain why they didnt want to answer the questionnaires positive for methamphetamines gives time... Mind as informed consent for drug testing ; women can opt out simply by not signing,! The system, its hard to ever get out of it.. Graphic designed by Vanessa Dennis/PBS NewsHour contact! Could not save up alabama dhr drug testing policy to buy a car local judges to bring under. Code $ 30 per test in Walker County reported racking up $ 347 in color code system has across., the war on drugs has a new front: the maternity ward once, in v.... To no prenatal care, the hospital, which he said, because theres little government funding for the.... Not republish our photographs or illustrations without specific permission it.. Graphic designed Vanessa... 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Workers intervene early, even before participants have been released from jail, to create a treatment plan $ in. My child may affect your browsing experience programs were expanded to do pretrial testing when! Conversation with Sara Ainsworth of National Advocates for Pregnant women or positive test. A warrant/court order is required for a 5 % workers Compensation discount 0 a he was re-arrested for possession 2016. Argued that Severs attorney, Chip Nix, sought the documents from dhr who.
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