Recent Iowa COA Opinions on ICWA Expert Testimony

Here are the unpublished opinions in In re D.S. (here and here). Here is a description of these cases from a dedicated reader:

This decision deals with whether Expert Witness Testimony needs to “support” the overall decision of the Trial Court’s decision to terminate parental rights.  In the first decision, the Court of Appeals misunderstood the parents’ arguments on the expert witness testimony issue.  The Court thought they were claiming that no QEW testimony was provided.  On the contrary, the parents felt that there was QEW and that QEW testimony needed to support the Trial Court’s decision.  The parents stated the QEW testimony did not support the Trial Court’s decision, and thus asked for the Court of Appeals to reconsider its decision.  The second decision essentially states that there is a split on whether QEW testimony just needs to be provided or if the QEW testimony actually needs to support the Trial Court’s decision.  This appellate panel decided that QEW testimony does not need to support the overall decision.

An excerpt from the first:

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Iowa Court of Appeals Rejects Bid to Intervene in Indian Child Case by Sac and Fox Tribe

Here is the opinion in In the Interest of A.P. and S.T. From the opinion:

The Sac and Fox Tribe of the Mississippi in Iowa (Tribe) appeals from the juvenile court‟s denial of its motion to intervene in children in need of assistance (CINA) proceedings that involve two children it alleges are Indian children within the meaning of Iowa‟s Indian Child Welfare Act (Iowa ICWA), Iowa Code chapter 232B (2007). Upon our review, we affirm the judgment of the juvenile court

Iowa Supreme Court Orders Transfer of Indian Child Case to Sac and Fox Tribal Court

Here is the opinion In the Interest of N.V.

And a news article about the decision from the Des Moines Register. An excerpt:

The Iowa Supreme Court said Friday the custody of two children whose parents had been in jail may be transferred to the tribal court of the Sac and Fox Tribe.

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