Order that the child continue to be placed with his legal father & the protective proceeding continue; Jurisdiction of an appeal of right; MCR 7.203(A)(2); MCR 3.993(A)(1); “Removing”

The court dismissed for lack of jurisdiction the trial court’s 8/20/21 ruling, which ordered that the child continue to be placed with his legal father in Texas and the child protective proceeding continue. A “child is removed from a parent’s care and custody when he or she is taken from that parent’s residence and placed in a different residence.” The trial court’s 8/20/21 ruling did not order that the “child be placed in a different residence.” The initial order of removal was entered on 12/19/19, and the 8/20/21 order continued the child in the care of his legal father. Further, the 8/20/21 order did “not qualify as a final order because it did not dismiss the petition with respect to [respondent-mother], and the trial court did not terminate its jurisdiction. Rather, the order provided for continuance of the matter as to respondent. As such, the order did not dispose ‘of all the claims and adjudicate the rights and liabilities of all the parties. . . .’” Thus, respondent was not entitled to appeal the 8/20/21 order as of right. Given the facts here, the court declined to treat respondent’s “claim of appeal as an application for leave and determine the merits of the issue on appeal.”