Intermediate Child Placement Order Is not "Final Order" Subject to Appeal

In the Matter of the Welfare of the Child of E.G. and K.G., Sr. Parents,  Minn.Ct.App., 3/14/2016.  This is a CHIPS case (child-in-need-of-protection-or-services) appeal brought by the parents of the two minor children.  The parents admitted to the allegations of the petition, and the district court transferred physical and legal custody to the county for foster care placement of one child and for home placement of the other child subject to the county's protective supervision.  Six months later, the district court directed that the child who had remained in home placement be transferred to foster care. The court's dispositional review hearing a week later continued the foster care placement.

The parents appealed this order.  The court of appeals questioned its jurisdiction, specifically whether the appeal was from a "final order." The court concluded that because the dispositional review hearing resulted in an order that is not "final" because any party may request a review hearing at least every ninety days.  Also, the district court had yet to conduct a permanency hearing to determine the permanent status of the two kids.