Rule 3.993. Appeals

(A) The following orders are appealable to the Court of Appeals by right:

(1) any order removing a child from a parent's care and custody,

(2) an initial order of disposition following adjudication in a child protective proceeding,

(3) an order of disposition placing a minor under the supervision of the court in a delinquency proceeding,

(4) an order granting a motion to waive jurisdiction as provided in MCR 3.950(E)(1)(c),

(5) an order terminating parental rights,

(6) any order required by law to be appealed to the Court of Appeals,

(7) any order involving an Indian child that is subject to potential invalidation under § 39 of the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., or § 1914 of the Indian Child Welfare Act, 25 USC 1901 et seq., which includes, but is not limited to, an order regarding:

(a) recognition of the jurisdiction of a tribal court pursuant to MCL 712B.7, MCL 712B.29, or 25 USC 1911;

(b) transfer to tribal court pursuant to MCL 712B.7 or 25 USC 1911;

(c) intervention pursuant to MCL 712B.7 or 25 USC 1911;

(d) extension of full faith and credit to public acts, records, and judicial proceedings of an Indian tribe pursuant to MCL 712B.7 or 25 USC 1911;

(e) removal of a child from the home, placement into foster care, or continuance of an out-of-home placement pursuant to MCL 712B.9, MCL 712B.15, MCL 712B.25, MCL 712B.29, or 25 USC 1912;

(f) termination of parental rights pursuant to MCL 712B.9, MCL 712B.15, or 25 USC 1912;

(g) appointment of counsel pursuant to MCL 712B.21 or 25 USC 1912;

(h) examination of reports pursuant to MCL 712B.11 or 25 USC 1912;

(i) voluntary consent to or withdrawal of a voluntary consent to a foster care placement or to a termination of parental right pursuant to MCL712B.13, MCL 712B.25, MCL 712B.27, or 25 USC 1913;

(j) foster care, pre-adoptive, or adoptive placement of an Indian child pursuant to MCL 712B.23; and

(8) any final order. In any appeal as of right, an indigent respondent is entitled to appointment of an attorney to represent the respondent on appeal and to preparation of relevant transcripts.

(B) All orders not listed in subrule (A) are appealable to the Court of Appeals by leave.

(C) Procedure; Ineffective Assistance of Appellate Counsel; Delayed Appeals.

(1) Applicable Rules. Except as modified by this rule, chapter 7 of the Michigan Court Rules governs appeals from the family division of the circuit court.

(2) Ineffective Assistance of Appellate Counsel Claims. In accordance with MCR 7.316(D), the Supreme Court may consider a claim of ineffective assistance of appellate counsel in cases involving termination of parental rights.

(3) Delayed Appeals; Termination of Parental Rights. The Court of Appeals may not grant an application for leave to appeal an order of the family division of the circuit court terminating parental rights if filed more than 63 days after entry of an order of judgment on the merits, or if filed more than 63 days after entry of an order denying reconsideration or rehearing.

(D) Request and Appointment of Counsel.

(1) To preserve an appeal by right from an order listed in subrule (A), a request for appointment of appellate counsel must be made within 21 days after notice of the order is given or an order is entered denying a timely-filed postjudgment motion.

(2) Except as provided in subrule (C)(3), if a request for appointment of appellate counsel is filed within 6 months of entry of the order to be appealed and the court finds that the respondent is financially unable to retain an attorney, the court must,

(a) in child protective proceedings, appoint an attorney within 14 days after the respondent’s request is filed.

(b) in all other proceedings subject to this rule, appoint an attorney as provided in subrule (D)(5). The chief judge of the court shall bear primary responsibility for ensuring that the appointment is made within the deadline stated in this rule.

(3) All requests for the appointment of appellate counsel must be granted or denied on forms approved by the State Court Administrative Office. If the order being appealed is appealable by right and the request for appointment of appellate counsel was filed within the time provided in subrule (D)(1), the order described in subrule (D)(2) must be entered on a form entitled “Claim of Appeal and Order Appointing Counsel.”

(4) The court must immediately send to the Court of Appeals a copy of the Claim of Appeal and Order Appointing Counsel, a copy of the judgment or order being appealed, and a copy of the complete register of actions in the case. The court must also file in the Court of Appeals proof of having made service of the Claim of Appeal and Order Appointing Counsel on the respondent(s), appointed counsel for the respondent(s), the court reporter(s)/recorder(s), petitioner, the prosecuting attorney, the lawyer-guardian ad litem for the child(ren) under MCL 712A.13a(1)(f), and the guardian ad litem or attorney (if any) for the child(ren). Entry of the order by the trial court pursuant to this subrule constitutes a timely filed claim of appeal for the purposes of MCR 7.204.

(5) Proceedings Subject to Appointment of Appellate Counsel via Michigan Appellate Assigned Counsel System. This subrule is not applicable to child protective proceedings.

(a) A request for the appointment of appellate counsel in a proceeding subject to this subrule (D)(5) must be deemed filed on the date it is received by the court or the Michigan Appellate Assigned Counsel System (MAACS), whichever is earlier.

(b) Within 7 days after receiving a juvenile’s request for a lawyer, or within 7 days after the disposition of a postjudgment motion if one is filed, the trial court must submit the request, the order to be appealed, the register of actions, and any additional requested information to MAACS under procedures approved by the Appellate Defender Commission for the preparation of an appropriate order granting or denying the request. The court must notify MAACS if it intends to deny the request.

(c) Within 7 days after receiving a request and related information from the trial court, MAACS must provide the court with a proposed order appointing appellate counsel or denying the appointment of appellate counsel. A proposed appointment order must name the State Appellate Defender Office or an approved private attorney who is willing to accept an appointment for the appeal.

(d) Within 7 days after receiving a proposed order from MAACS, the trial court must rule on the request for a lawyer. If the juvenile is indigent, the court must enter an order appointing a lawyer if the request for a lawyer is filed within 6 months. An order denying a request for the appointment of appellate counsel must include a statement of reasons and must inform the juvenile that the order denying the request may be appealed by filing an application for leave to appeal in the Court of Appeals under MCR 7.205.

(e) The trial court must serve MAACS with a copy of its order granting or denying a request for a lawyer. Unless MAACS has agreed to provide the order to any of the following, the trial court must also serve a copy of its order on the juvenile, the juvenile’s parents, the juvenile’s attorney, the petitioner, and, if the order includes transcripts, the court reporter(s)/recorder(s).

(E) Transcripts. If the court appoints appellate counsel for respondent, the court must order the complete transcripts of all proceedings prepared at public expense.

(F) A respondent may file a motion to restore their appellate rights as provided in this subrule. If a respondent was denied the right to appellate review or the appointment of appellate counsel due to errors by the respondent’s prior attorney or the court, or other factors outside the respondent’s control, the trial court must issue an order restarting the time in which to file an appeal or request counsel, except that the court must not issue any order that would extend the time for appealing an order terminating parental rights beyond 63 days from entry of the order terminating rights.

(1) A motion premised on the respondent being denied the right to appellate review must be filed within a reasonable time after an order identified in subrule (A) was entered or, if applicable, within a reasonable time after the respondent’s claim of appeal was dismissed. For purposes of this paragraph, a motion filed within 2 years after the date an order identified in subrule (A) was entered or a motion filed within 1 year after the date on which the respondent’s claim of appeal was dismissed is presumed reasonable.

(2) A motion premised on the respondent being denied the appointment of appellate counsel must be filed within a reasonable time after being denied the appointment of appellate counsel. For purposes of this paragraph, a motion filed within 2 years of the date an order denying appointment of counsel was entered is presumed reasonable.

(3) A motion under this subrule will not be considered if it alleges grounds for relief that were resolved against that respondent in a prior proceeding or appeal.

(4) A respondent filing an appeal after receiving an order issued under this subrule must provide the Court of Appeals with a copy of the order when filing the appeal with the claim of appeal or application for leave to appeal. The Court of Appeals can excuse this requirement for good cause.

(5) In determining a “reasonable time” under this subrule, the court must consider whether factors existed outside the respondent’s control that contributed to the delay in filing a motion under this subrule.