IN RE CALHOUN/CALHOUN-THORNTON MINORS

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STATE OF MICHIGAN COURT OF APPEALS In the Matter of JAYWAN CALHOUN and JOY CALHOUN-THORNTON, Minors. DEPARTMENT OF HUMAN SERVICES, UNPUBLISHED June 2, 2009 Petitioner-Appellee, v No. 288409 Wayne Circuit Court Family Division LC No. 91-292406-NA ALICE DISOLETTA CALHOUN, Respondent-Appellant, and JONATHAN MAURICE THORNTON, Respondent. Before: Sawyer, P.J., and Murray and Stephens, JJ STEPHENS, J. (concurring). I concur with the holding in this case, but not the implication that holding a separate best interest hearing is not the presumptive method for affording an opportunity to present evidence on best interest issues. In re AMAC, 269 Mich App 533, 538; 711 NW2d 426 (2006). In this case, the record below does not establish that the attorney for respondent asked for, and was denied, a separate hearing on best interests or objected to the immediate disposition. Moreover, the appellate brief failed to articulate any evidence that would have been proffered at a best interest hearing that might have led to a different result. /s/ Cynthia Diane Stephens -1-

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