(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 terminating parental rights,(5) any order required by law to be appealed to the Court of Appeals,(6) 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 1901et 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 MCL 712B.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(7) 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) 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) If a request for appointment of appellate counsel is timely filed and the court finds that the respondent is financially unable to provide an attorney, the court shall appoint an attorney within 14 days after the respondent's request is filed. 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) The order described in subrule (D)(2) must be entered on a form approved by the State Court Administrator's Office, entitled "Claim of Appeal and Order Appointing Counsel," and 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.(E) Transcripts. If the court appoints appellate counsel for respondent, the court must order the complete transcripts of all proceedings prepared at public expense.Amended March 13, 2019, effective 5/1/2019; amended June 12, 2019, effective 6/12/2019; amended September 23, 2020, effective 1/1/2021; amended June 28, 2023, effective 9/1/2023.