California Appellate Court Decides ICWA Expert Witness Case

Here is the opinion in In re M.B.

An excerpt:

Subsequently, the court conducted a hearing to select and implement a permanent plan of adoption. (Welf. & Inst.Code, § 366.26.) At the hearing, the juvenile court applied the Indian Child Welfare Act (ICWA), which requires the expert opinion of an Indian expert that continued custody of the child by the parent or Indian custodian would result in serious emotional or physical damage to the child. Both appeal the judgment. Father argues the judgment must be reversed because the Indian expert did not conduct an adequate investigation. Mother joins this challenge. We affirm.