Practitioners are further confused by the requirement that any physician, clinical psychologist or qualified examiner report any individual who is determined to be developmentally disabled. @D)6hg#,v&"?axOBxh8@(lClzH0. You will also need to pay the application fee as well. @D)6hg#,v&"?axOBxh8@(lClzH0. endstream endobj 148 0 obj <>/Subtype/Form/Type/XObject>>stream ]_hG(c+OZQZO0}[9_naF[="~G ?;_XRj%1V*_)Ugo#Qle@xgpvUfT[v/+cMbGBRZ/>,\Wg =*%1,|,^Fi[if]jwL&ZSmm;wN3S S!l[qw{_S-i9Ogmtg'D|-'zm\4KWLLuO6q;mBP| Bw+3^zgIGnGg,qv;J$&[3o zkX[: QxT9HjzPKni5FKPf dph_lJxZ^6j\Zqc`{Zk|a~Z: '@3jXm83&W4Seqi~4ZMf3{?i5B>n eXy6k&>JX7rJWrv9Qw36]={o#n)RyS{VO#|$XIwV[|\@~Bv^-I_LTk}, ]2?uWu_1_-^O-=u5kQ5Gfe|7~=vva`Gu |erFx+{@q-Gy`y.[O\Tt,Cs :,>^>A^dh gzhDXb/:hd\r7) o4u$=_NlZe9oW[i8Tw+y'[47?ubZ @D)6hg#,v&"?axOBxh8@(lClzH0. The way I interpret the process, the psychiatrist giving the opinion if they are doing a thorough job has to attest that they have reviewed EVERYTHING in a persons mental health treatment history. [from 405 ILCS 5/1-122], If a LCPC has only 2 years experience (brand new LCPC) are they mandated? A mental health admission under 5 years ago, A Clear & Present Danger Determination under 5 years, A Developmental/Intellectual Disability, A misdemeanor pursuant to Section 8 (k) of the FOID Act, or If you are a Law Enforcement Officer revoked pursuant to Section 8 (e) seeking expedited relief. endstream endobj startxref H2TH2P0P326E\i\z The letter itself is not all that complicated, but it does say theyve reviewed EVERYTHING or at least tried to. Pursuant to statute, a mental health evaluation is required for possible reinstatement. 0 Eligible for a FOID Card? For applications received during the two-year period convictions (26.5%), mental health matters (20.3%), and crimes punishable by imprisonment for a term exceeding one denial were danger to self or others (45.5%) and not having a valid FOID card (30.4%). %PDF-1.4 Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. Contact for content you want removed. endstream endobj 169 0 obj <>/Subtype/Form/Type/XObject>>stream )cI$UI[JY/"2s'm {GoxF8w/1/qtU^nLL1]hM7)KY@rO?Naoi/n'_@h7^!yooQ[v+TE# l4u xB-dzGs/z%9)KHjl UR9/lN.TXJKO3~)5^e?wLNw? Regarding individuals who have been adjudicated mentally disabled, voluntarily admitted to a psychiatric unit, determined to be a "clear and present danger" or determined developmentally / intellectually disabled, DHS FOID Mental Health Reporting System Qualified Examiners Users Manual, Clear and Present Danger means a person who: (1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person, as determine by a physician, clinical psychologist, or qualified examiner; or (2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. 430 ILCS 65/1.1, Clear and Present Danger Request for Law Enforcement and School Officials, Clear and Present Danger Emergency Rule Change, eff. Per the Firearm Owners Identification Card Act (430-ILCS 65/), initial applications must be processed within 30 days and renewals must be processed within 60 days. The Act was enacted for the purpose of restricting such individuals from possessing firearms. The disability must originate before the age of 18 years, be expected to continue indefinitely and constitute a substantial handicap. Getting records is usually what takes the longest in any forensic evaluation and of course, it can take a long time to review the documentation if it is extensive. ".,/[kVSX3X:/x-kY,#,yi\T-K,]VaO8urQ2}8pRIy|,8$K% tz?=\y Instructions: 1. H2TH2P0P326E\i\z Every Good Wish. 2. We provide, complete, and submit all required forms directly to the Illinois State Police, Firearms Services Bureau, Appeals Section. endstream endobj 158 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream ) 2WW|4kt~|P#NBJmEbOL[ l2Is S . We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. H2TH2P0P326E\i\z I think the statute assumes that a person has continuously been in some treatment and that the current treating psychiatrist has already had access to all the records, which would of course be ideal, but it just doesnt always work out that way. He has served in a variety of capacities in the regulation of the mental health profession in Illinois. hk\EJJhk=d0{P]qYvjyw,lcQzJb]VZyjSy^a~Xi{`RKuHE9m?Bit!L!O! hb``0e``" stream These answers do not make me your lawyer. endstream endobj 163 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Be careful to have the evaluation done by a 2nd Amendment friendly psych. HW7/$k+t#qXcn^cIe_p!~e>z'|?/V/[ ^Re My roommate was unconscious, and hooked up to life support. Best get a lawyer that understands this stuff and can compile the evidence. Do not . Dr. Kessler will begin by discussing your situation with you (and/or your lawyer, if you have one) and determining the appropriate course of action to take with your evaluation. %%EOF Needless to say, it is not the political climate to get a FOID back after a stay at a psych facility. l2Isr**`\y@cB]Bt LL,L)pY>\y Mental Health - Voluntary Mental Health Admission More Than Five Years Ago. Evaluation costs typically run between $800 and $1800. Firearm Owners Identification (FOID) Mental Health Reporting System Regarding individuals who have been adjudicated mentally disabled, voluntarily admitted to a psychiatric unit, determined to be a "clear and present danger" or determined developmentally / intellectually disabled I had no contact or conversations with any other patients. Substance abuse concerns could also disqualify you from being issued a FOID card. See the ISP Website for FOID Appeal. NAME OF FOID CARD PETITIONER: DATE OF BIRTH: / / Last, First, Middle Initial . However, you should consider that you might be asking your treating psychiatrist to do a LOT of extra work, that might not completely fall under actual treatment and is time that probably wont be covered by your health insurance. endstream endobj 167 0 obj <>/Subtype/Form/Type/XObject>>stream Workplace and school violence consultation services, Law enforcement, fire protection and other public safety entities, Private security, investigation agencies, and executive protection teams, Not-for-profit organizations / foundations. Reporting by Mental Health Facilities. .j+M3N-`]@m Midwest Behavioral Risk Management, P.C. endstream endobj 166 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream FOID (Firearm Owner's Identification Card) forensic psychological evaluation is usually requested when the person's application for the firearm card was denied due to prior psychiatric inpatient treatment. His clients include hospitals, outpatient mental health clinics, and mental health professionals. l2Isr**`\y@cB]Bt LL,L)pY>\y We provide, complete, and submit all required forms directly to the Illinois State Police, Firearms Services Bureau, Appeals Section. hbbd```b``[@$Gp0|#V=z{`; ,D2_$`49`v ~fm"`]0DN "@T!0%Gd @ K(? endstream endobj 170 0 obj <>stream l2Isr**`\y@cB]Bt LL,L)pY>\y H23754VH2P0P326E\i\z endstream endobj 168 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Q: Can you help me get my FOID card back? NO, (1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or, (2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. In the few cases I have done, Ive had people swear they only had one brief course of treatment, but once you get those records, if it refers to treatment or evaluation by another mental health provider, you then have to chase down and review those records too. oz=hrgFc2-UXT.e/o 'Fw1?b}T qZey!X~oLr{{GsS@w+Sf H23754VH2P0P326E\i\z A: This is probably the most common inquiry I get asked on the website. Visit Dr FOID. ) 2WW|4kt~|P#NBJmEbOL[ We provide the following professional services: Violence risk and threat assessment The Act requires any physician, clinical psychologist or qualified examiner1 to report to DHS any person whom the physician, clinical psychologist, or qualified examiner determines to pose a clear and present danger to himself, herself or others, or determines to be developmentally disabled.. H4 See the ISP Website for FOID Appeal. l2Is 7D- @D)6hg#,v&"?axOBxh8@(lClzH0. Dr. FOID. !Y\!\\ # ) 2WW|4kt~|P#NBJmEbOL[ Real answers from licensed attorneys. H2TH2P0P326E\i\z Testing and Evaluation Therapists in Illinois Psychology Today, Reporting under FOID Act | Illinois State Bar Association, I was denied a foid card because of a stay in a mental hospital , Violence Assessment and Intervention: The Practitioners , FOID was denied because I was admitted to the mental , FOID was denied because I was admitted to the mental hospital in middle school. One source of confusion for practitioners is the conflict between statutes as to how a professional can fulfill his or her duty to report. Dr. Kessler is an expert in the area of professional ethics and has trained many mental health providers on relevant aspects of the FOID and concealed carry laws in Illinois. '. H2TH2P0P326E\i\z Post a free question on our public forum. <> l2Is S H2TH2P0P326E\i\z Robert H. Hanafords Avvo Top Contributor Badges, Workers' Compensation Lawyer in Chicago, IL, Personal Injury Lawyer in Springfield, IL, This lawyer was disciplined by a state licensing authority in. Firearm forensic psychological evaluation takes approximately 4 hours of face-to-face assessment and can be completed in-person or via videoconferencing. evaluations, specifically tailored to answer referral questions that courts, attorneys, correctional facilities, or patients may have. Mental health facilities must report to DHS within seven days after admission as an inpatient all persons who are prohibited from obtaining a FOID card, which includes the following: a person who has been a patient of a mental health facility within the past five years. We provide the following professional services: We provide services to a broad range of clients including: 2013. Contact UsPhone: +1 (815) 787-0515Email: myimhca@gmail.com. FOID/Firearm Evaluations - Specialized Forensic Unit PC FOID/Firearm Evaluations Clear and present danger is defined in the FOID Act as a person who: Communicates a serious threat of physical violence against a reasonably identifiable victim; or, Poses a clear and imminent risk of serious physical injury to himself, herself or another person as determined by a physician, clinical psychologist or qualified examiner; or. However, the Confidentiality Act allows them to report patients who pose a clear and present danger or are determined to be developmentally disabled to the professionals employer, who then must report to DHS, within 24 hours of the determination. l2Isr**`\y@cB]Bt LL,L)pY>\y Mental Health Certification For Firearm Possession (Mental Health Admission >5 years ago) Pursuant to: 430 ILCS 65/4(a)(2)(iv) and 430 ILCS 65/8(u) (ISP 2-606 5/18/15) Evaluator should mark ONE box. XA'8:I0L`$B|V,OJ`NgcxhQ#atZ~>nA,4d`=[8wO PEL3p0r0e` '7 With COVID, a flood of applications and complications with ISP employees working from home, the back log has expanded greatly. There is an appeal within 5 years of inpatient treatment that has a bunch of hoops to jump through, including all psych records for the last 5 years, a forensic evaluation by a shrink. H23754VH2P0P326E\i\z 3. By my signature below, I affirm: I am a physici an, cl inical psychologist or qual ified examiner as defi ned in 405 ILCS 5/1-122; Midwest Behavioral Risk Management, P.C. Answers given herein are necessarily brief and cannot be complete or reliable legal advice until (a) an attorney-client relationship has been established, and (b) until complete information has been given pursuant to that relationship.. To appeal you must submit a FOID Request for Appeal and Request for Waiver of Liability and have a physician, clinical psychologist or qualified examiner submit the Mental Health Certification For Firearm Possession to the Illinois State Police at the address listed . Demonstrates threatening physical or verbal behavior, such as violent, suicidal or assaultive threats, actions or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator or law enforcement official. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. 4. This certification must be completed by a physician, clinical psychologist or qualified examiner as defined in 405 ILCS 5/1-122. NO Illinois passed and enacted Public Act 98-63, effective July 9, 2013, which amended several laws, including the Mental Health and Developmental Disabilities Code (Mental Health Code), the Mental Health and Developmental Disabilities Confidentiality Act (Confidentiality Act), and the Firearm Owners Identification Card Act (FOID Act). The report must be made within 24 hours of making the determination and must be made through the DHS FOID Reporting Systems Web site.2 Information regarding the individual must remain otherwise confidential and privileged. clinical experience involving evaluation and treatment with patients that have a mental illness. performed a mental health evaluation of the petitioner prior to completing the form. H2TH2P0P326E\i\z Forensic & Clinical Services Rod E. Hoevet, Psy.D. Post your question and get advice from multiple lawyers. For the purpose of reporting to DHS under the FOID Act, a mental health facility includes any licensed private hospital or hospital affiliate, institution, facility or part thereof, which provides treatment of persons with mental illness. If the facility provides any treatment of persons with mental illness, it is considered a mental health facility. H2TH2P0P326E\i\z This certification must be completed by a physician, clinical psychologist or qualified examiner as defined in 405 ILCS 5/1-122. )n.,&)aOB[/E+ygd,'#o];|]]{91J_WcA9[*88#g]9|?1u_Q)&B?-}Nn,*n=e_>Bd\]}ol,?=_Cw+/%=P\ H2TH2P0P326E\i\z Copyright Specialized Forensic Unit LLC. Additionally, you will need a headshot photo taken within the last 30 days that is clear, centered, and your face is not obscured in any fashion. But, too late for you. I would recommend that you have the psychiatrist currently treating you to fill out the appeals paperwork, because they should know all this to be optimally treating you. If you appeal and if you lose, the regulations require a two year wait to again appeal. !Y\!\\ # He is familiar with the types of evaluations necessary for court proceedings and appeal board hearings. Years licensed, work experience, education. 1. I had one many years ago, but it expired. We conduct psychological evaluations to address the following: 2013. I was railroaded into a physc ward by a lying, vindictive nurse. In order for citizens of the State of Illinois to acquire or possess firearms, firearm ammunition, stun guns, or tasers, they must apply for and successfully be approved for possession of a Firearm Owners Identification Card (FOID). endstream endobj 147 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 2. @D)6hg#,v&"?axOBxh8@(lClzH0. Speak rationally to a a hospital psychologist or !Y\!\\ # Psychology Today: Health, Help, Happiness + Find a Therapist l2Isr**`\y@cB]Bt LL,L)pY>\y !Y\!\\ # 2. Under the Act, physicians, clinical psychologists and qualified examiners are mandated to report to the Illinois Department of Human Services (DHS) any person whom the physician, clinical psychologist or qualified examiner determines to pose a clear and present danger to himself, herself or others, or determines to be developmentally disabled. Additionally, mental health facilities are mandated to report the admission of individuals who are prohibited from obtaining a FOID card. d\p?2dQ yg6cwy OO?gR ? I was sleep deprived for over 48 hours, and suffering terrible headaches from a skull fracture. If your psychiatrist wants any advice, please feel free to refer them to this website. [N t[l6aA`RA+]Iph{fl?O L 1.1). endstream endobj 154 0 obj <>/Subtype/Form/Type/XObject>>stream From a risk management perspective for practitioners, it is best practice for physicians, clinical psychologists and qualified examiners to report directly to DHS themselves, rather than relying on their employer. Mental Health Certification For Firearm Possession - FOID Card https://ispfsb.com/Public/Firearms/FOID/MentalHealthCert.pdf Instructions: 1. 801 South 7th Street, Suite 600-S Springfield, IL 62703 or via e-mail to: ISP.FOID.Appeals@illinois.gov and 4) Upon receiving complete documentation for the record challenge, the Department will investigate the circumstances surrounding the denial or revocation action. SPRINGFIELD, Vt. - Health Care and Rehabilitation Services (HCRS), southeastern Vermont's non-profit community mental health agency, announced today that they are collaborating with the Institute for Community Health (ICH) to conduct a community needs assessment.This confidential assessment survey seeks to understand people's needs and experiences related to improving the system of care . Start with your legal issue to find the right lawyer for you. Dr. Kessler will discuss these with you and together you will determine if it is appropriate to continue with the evaluation process. FOID (Firearm Owners Identification Card) forensic psychological evaluation is usually requested when the persons application for the firearm card was denied due to prior psychiatric inpatient treatment. Who is mandated to report: In the best of times (i.e., pre-COVID) it is my understanding that FSB was understaffed. endstream endobj 150 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream If you hire a forensic psychiatrist, youre going to be paying someone several hundred dollars an hour to do this, and they will likely request payment upfront in the form of a retainer, which they will bill off of. IL FOID Evaluation Midwest Behavioral Risk Management, P.C. My answers to this question are informal and partial due to the insufficient nature of the information exchanged. drfoid.com at Website Informer. endstream endobj 144 0 obj <>/Metadata 6 0 R/Names 200 0 R/Pages 140 0 R/StructTreeRoot 16 0 R/Type/Catalog/ViewerPreferences 201 0 R>> endobj 145 0 obj <>/MediaBox[0 0 612 792]/Parent 140 0 R/Resources<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 146 0 obj <>/Subtype/Form/Type/XObject>>stream 2. (y8R(5~AA3\$%r(yhJ"s2JbC3ucby*l*LQu.6,qJ?4C]-%(iMn\UW5|Sk6hXVWQxbRTZjcPxXoe:mPCZeew~zG-y43:;'wH6]kzzG:B?o;zb"}6xh7Us.gEy>x>yOU7+D^ w\_={]SZ|[_)r4y}As=>]|}jLSL~OZgW?^}?:l"i.3LC|^)/>Sanij5q{Szo^\]|s'?=<'=~/>G7wrx)}yLyoM{3x>^~}GFi'K/(.kg _Z59svo;]|1J|yvIuogkwe|t When a person is determined to pose a clear and present danger, the determination must be reported within 24 hours. endstream endobj 161 0 obj <>/Subtype/Form/Type/XObject>>stream In order to make me your lawyer you have to hire me, in writing. The physician, clini cal psychologist or qualified examiner must complete this form. 4O2!"]sqVe C#D}FF]m?_~qa~k8X \G~m~LOx!Wnwy#Rf?F"Mkr,{aWom^1X]3;\Mk-I[O /. Search for lawyers by reviews and ratings. Jun 22, 2015. ISP is then responsible for investigating and processing or rejecting the application for the FOID card. 2021. % Midwest Behavioral Risk Management, P.C. There are very specific laws and rules that determine what the evaluation must include and the types of issues that must be addressed in the evaluation and report. I agree with Mr. Budlin and seek out an attorney. LCPCs report under Illinois Department of Human Services. H4 H4 The Illinois DHS FOID Mental Health Reporting System website provides qualified examiners and facilities with 24-hour and immediate access to report an individual that is receiving mental health treatment or is determined to be a clear and present danger, developmentally disabled or intellectually disabled. }iqYf$Vp[x~=~ Vi#oeS There was confusion as to whether this required a retroactive determination such that, for example, a facility was required to evaluate all developmentally disabled persons in their program and report the individuals to DHS. Do not . Are LPCs mandated? FOID Appeal Requirements - Mental Health Prohibitor If your FOID card has been revoked or your application denied due to a prior admission to a mental health facility within the last five years, you may appeal the decision to the Firearm Services Bureau (FSB) of the Illinois State Police. Your version needs scrubbed. Comprehensive Psychological Evaluations in Legal Contexts. l2Isr**`\y@cB]Bt LL,L)pY>\y l2Is 7D- The definition of a mental health facility is much broader under the FOID Act than the Mental Health Code. . IDHS then cross-references persons to the ISP FOID database for matches, which are then reported to the Illinois State Police. endstream endobj 157 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Qualified examiner as defined in the Mental Health Code. NAME OF FOID CARD PETITIONER: DATE OF BIRTH: / / Last, First, Middle Initial . He may be contacted at jmonahan@monahanlawllc.com. Then you have an appeal after 5 years which is abbreviated. Good luck. The Illinois DHS FOID Mental Health Reporting System website provides qualified examiners and facilities with 24-hour and immediate access to report an individual that is receiving mental health treatment or is determined to be a clear and present danger, developmentally disabled or intellectually disabled. H4 Additionally, the physician, clinical psychologist or qualified examiner making determinations about the patient, and his or her employer, may not be held criminally, civilly or professionally liable for making or not making the notifications required under the Confidentiality Act, Mental Health Code or FOID Act, except for willful or wanton misconduct. . endstream endobj 162 0 obj <>/Subtype/Form/Type/XObject>>stream H4 Each case and appeal is different. Among mental health facilities, confusion arose as to whether a facility must report both the admission of an individual and an instance when the patient is determined to pose a clear and present danger. Do Not Sell or Share My Personal Information. 18 July 2022, Frequently Asked Questions as to FOID Mental Health Reporting, Request for Investigation and Waiver of Liability, FOID Appeal Requirements (Non-Mental Health), FOID Appeal Requirements - Mental Health Prohibitor, Psychiatrist or Licensed Clinical Psychologist's Evaluation or Letter Requirements, Mental Health Certification for Firearm Possession (Mental Health Admission > 5 yrs. 2. You don't need polemicists here, you need folks who will communicate you are now sold. The physician, clinical psychologist or qualified examiner must have completed a mental health evaluation the petitioner of and must have r eviewed all collateral information supplied by the applicant and others prior to any assessment. Retain a lawyer. %PDF-1.7 % All rights reserved. a legal resource for mental health providers, Firearm Owners Identification (FOID) Mental Health Reporting System, FOID Appeal Requirements (Intellectually or Developmentally Disabled, Appeal of Revocation /Denial / Suspension of Concealed Carry License / Application, Public Act 095-0564 which amended the FOID Card Act, Firearms Restraining Order Act (430 ILCS 67/), Firearm Owners Identification Card Act (430-ILCS 65/). Unfortunately, a lot of times, once you start digging, other things pop up. Certification of Evaluator . . ) 2WW|4kt~|P#NBJmEbOL[ healthmdsearch.com is a search engine, the content on the site has been added by users and is not controlled by us. The application process requires the information contained on the state ID. 198 0 obj <>/Filter/FlateDecode/ID[<3BA8E34FCA21934C9D131F2755300BAA>]/Index[143 142]/Info 142 0 R/Length 169/Prev 275605/Root 144 0 R/Size 285/Type/XRef/W[1 3 1]>>stream The FOID Act and the Mental Health Code require the physician, clinical psychologist or qualified examiner to report directly to DHS. Avoid the shrink business at all costs. Generally speaking, a voluntary psychiatric hospitalization disqualifies someone from having a FOID card for 5 years, while an involuntary hospitalization disqualifies someone permanently. endstream endobj 159 0 obj <>/Subtype/Form/Type/XObject>>stream All right reserved. Be careful to have the evaluation done by a 2nd Amendment friendly psych. The identity of the reporter will not be disclosed to the subject of the report, i.e., the patient. Mental health facilities must report to DHS within seven days after admission as an inpatient all persons who are prohibited from obtaining a FOID card, which includes the following: a person who has been a patient of a mental health facility within the past five years, a person who had been a patient in a mental health facility more than five years ago who has not received the certification required under Section 8(u) of the FOID Act, a person who is a clear and present danger to himself or herself, any other person or persons or the community, a person who is intellectually disabled, a person who has been adjudicated as a mentally disabled person, a person who has been found to be developmentally disabled, a person involuntarily admitted into a mental health facility.

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