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IN RE BENJAMIN M.

No. E2009-00209-COA-R3-JV

310 S.W.3d 844 (2009)

In re BENJAMIN M.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

October 30, 2009.

Permission to Appeal Denied by Supreme Court March 15, 2010.

Attorney(s) appearing for the Case

Robert W. Rogers, Knoxville, Tennessee, for the appellant, Jessica M.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Douglas Earl Dimond, Senior Counsel; Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

This proceeding was initiated by the Tennessee Department of Children's Services ("DCS") by petition alleging that Benjamin M. ("the Child") was born dependent and neglected within the meaning of Tenn.Code Ann. § 37-1-102(b) (2005 and Supp.2009) because his mother...

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