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IN RE D.M.F.

No. 2-08-212-CV.

283 S.W.3d 124 (2009)

In the Interest of D.M.F., a Child.

Court of Appeals of Texas, Fort Worth.

April 16, 2009.

Attorney(s) appearing for the Case

Edwin J. Seilheimer, Seilheimer Reid, PC, Daniel P. Webb, Granbury, for Appellant.

Thomas M. Michel, Griffith, Jay & Michel, LLP, Fort Worth, for Appellee.

PANEL: CAYCE, C.J.; LIVINGSTON, J.; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment).

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

After reconsidering our prior opinion on appellees' motion for rehearing, we deny the motion, but we withdraw our prior opinion and judgment dated December 11, 2008, and substitute the following, primarily to modify our discussion concerning subsection H of family code section 161.001(1). Tex. Fam.Code Ann. § 161.001(1)(H).

On January 11, 2007, the Texas Department of Family and Protective Services...

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