IN RE D MCFALL MINOR

Court of Appeals, State of Michigan
ORDER
IN RE D MCFALL MINOR
Docket No. 379914
LC No. 2008-001094-NA
Michael J. Kelly
Presiding Judge
Christopher M. Trebilcock
Andrew J. Lievense
Judges
The motion to withdraw as appointed counsel under MCR 7.211(C)(5) is DENIED for
reasons that the appeal is not wholly frivolous. Counsel for respondent-appellant shall have 35 days from
the Clerk’s certification of this order within which to file an appellant’s brief on appeal addressing the
following issues: (1) whether the trial court, upon being told by respondent-appellant that the minor child
had a Native American heritage, failed to make or direct any efforts to determine if the minor child is an
“Indian Child” under the Indian Child Welfare Act, 25 USC 1901 et seq., or the Michigan Indian Family
Preservation Act, MCL 712B.1 et seq.; (2) whether respondent-appellant’s plea of admission was
knowingly, understandingly, and voluntarily made, see MCR 3.971(B); and (3) whether respondent-
appellant received proper notice of the termination hearing, see MCR 3.920(B)(2)(b), (B)(4)(a),
(B)(5)(a)(i), and (G). Counsel may raise any other related or unrelated issues that counsel deems
appropriate after reviewing the record. To the extent counsel for respondent-appellant intended to seek
dismissal of the appeal or other relief, counsel for respondent-appellant may file the appropriate motion
after consulting with respondent-appellant.
_______________________________
Presiding Judge
September 28, 2026

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