Here.
Among other things, this case demonstrates some of the confusion going on in the courts about WHEN certain provisions of ICWA are required. Must there be a qualified expert witness at disposition hearings? What if the court makes a finding about returning a child to a parent at a disposition hearing? And finally, who is responsible for getting QEW testimony?
(The answer to the last one is the State. Not the tribe, not the parent, and it’s not waive-able [though that happens] since it’s the evidentiary burden of the State to have a QEW who agrees with termination or foster care.)
Turtle Talk 