Rule 3.993.Appeals

Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026

In one sentenceMCR 3.993 lists the family division orders appealable to the Court of Appeals by right, makes every other order appealable by leave, and sets the deadlines for requesting appellate counsel, appointing it, and restoring appellate rights that were lost.

Full Text of Rule 3.993

Text sizeJump to: (A) (B) (C) (D) (E) (F)

(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;

(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.

(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.

End

Plain-English Summary

MCR 3.993 is the exit door from the family division. It sorts orders into those appealable by right and those needing leave, then lays out the machinery of an appeal.

Appeals by right

Subrule (A) lists the orders a party may take to the Court of Appeals by right:

any order removing a child from a parent's care and custody;
an initial order of disposition following adjudication in a child protective proceeding;
an order of disposition placing a minor under court supervision in a delinquency proceeding;
an order granting waiver of jurisdiction under MCR 3.950(E)(1)(c);
an order terminating parental rights;
any order required by law to be appealed;
any order involving an Indian child that is subject to potential invalidation under section 39 of the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., or section 1914 of the Indian Child Welfare Act, 25 USC 1901 et seq., which the rule illustrates with a list of ten kinds of order;
any final order.

An indigent respondent in an appeal of right is entitled to appointed counsel and relevant transcripts. Subrule (B) routes every order not listed to the Court of Appeals by leave.

Governing rules and delayed appeals

Chapter 7 of the Michigan Court Rules governs these appeals except as this rule modifies it. Under subrule (C)(2), 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. Subrule (C)(3) draws a hard line: the Court of Appeals may not grant an application for leave to appeal a termination order filed more than 63 days after entry of an order of judgment on the merits, or more than 63 days after an order denying reconsideration or rehearing.

Counsel and transcripts

Subrule (D)(1) ties the appeal by right to a request: it must be made within 21 days after notice of the order is given or an order is entered denying a timely-filed postjudgment motion. Except as subrule (C)(3) provides, if the request is filed within 6 months of entry of the order to be appealed and the court finds the respondent financially unable to retain an attorney, the court must appoint an attorney: in child protective proceedings within 14 days after the request is filed, and in every other proceeding under this rule as subrule (D)(5) provides. Where the order is appealable by right and the request was timely, the appointment order goes on a form entitled "Claim of Appeal and Order Appointing Counsel," whose entry constitutes a timely filed claim of appeal for purposes of MCR 7.204. Subrule (E) requires complete transcripts of all proceedings at public expense whenever appellate counsel is appointed.

The assigned counsel track

Subrule (D)(5), which does not apply to child protective proceedings, runs on 7-day steps through the Michigan Appellate Assigned Counsel System: within 7 days the trial court submits the request and supporting materials, within 7 days that office provides a proposed order, within 7 days the trial court rules. A denial must state reasons and tell the juvenile it may be appealed by application for leave under MCR 7.205.

Restoring lost appellate rights

Subrule (F) handles the appeal that never happened. Where a respondent was denied appellate review or appointed appellate counsel through errors by prior counsel or the court, or other factors outside the respondent's control, the trial court must restart the time to appeal or request counsel, except that no order may extend the time for appealing a termination order beyond 63 days from entry. A motion premised on denial of appellate review is presumed reasonable if filed within 2 years after entry of an order listed in subrule (A) or within 1 year after the respondent's claim of appeal was dismissed, and one premised on denial of counsel is presumed reasonable within 2 years of the order denying appointment. Grounds resolved against the respondent in a prior proceeding or appeal are not considered.

Frequently Asked Questions

Which family division orders can be appealed by right?

Subrule (A) lists them: any order removing a child from a parent's care and custody, an initial order of disposition following adjudication in a child protective proceeding, an order of disposition placing a minor under court supervision in a delinquency proceeding, an order granting waiver of jurisdiction under MCR 3.950(E)(1)(c), an order terminating parental rights, any order required by law to be appealed to the Court of Appeals, any order involving an Indian child that is subject to potential invalidation under the Michigan Indian Family Preservation Act or the Indian Child Welfare Act, and any final order.

Subrule (B) makes every order not on that list appealable by leave.

How long does a respondent have to request appointed appellate counsel?

Subrule (D)(1) requires the request within 21 days after notice of the order is given or an order is entered denying a timely-filed postjudgment motion, to preserve an appeal by right from an order listed in subrule (A).

Is there a cutoff for a delayed appeal from a termination of parental rights order?

Yes. Under subrule (C)(3) the Court of Appeals may not grant an application for leave to appeal a termination order filed more than 63 days after entry of an order of judgment on the merits, or more than 63 days after entry of an order denying reconsideration or rehearing.

How fast must the court appoint appellate counsel in a child protective case?

Subrule (D)(2)(a) requires appointment within 14 days after the respondent's request is filed, where the request came within 6 months of entry of the order and the court finds the respondent financially unable to retain an attorney. The chief judge bears primary responsibility for ensuring the deadline is met.

What can a respondent do after losing the chance to appeal?

Subrule (F) allows a motion to restore appellate rights where the respondent was denied appellate review or appointed appellate counsel due to errors by prior counsel or the court, or other factors outside the respondent's control. The court must restart the time to appeal or request counsel, but may not extend the time for appealing a termination order beyond 63 days from entry.

Who pays for transcripts on appeal?

Subrule (E) provides that if the court appoints appellate counsel for a respondent, it must order the complete transcripts of all proceedings prepared at public expense. Subrule (A) separately entitles an indigent respondent in an appeal as of right to appointment of an attorney and to preparation of relevant transcripts.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: juvenile appealappeal by right family divisionappellate counsel appointmentdelayed appeal terminationclaim of appeal juvenilerestore appellate rights