Tag Archives: qualified expert witness

Qualified Expert Witness Case out of Utah Court of Appeals [ICWA]

Here. In this case, the GAL petitioned to remove the child from the mother’s care. This GAL has considerable issues with the application of ICWA: The GAL argued that since ICWA does not explicitly define what qualifies a witness as … Continue reading

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Qualified Expert Witness Case out of Alaska Supreme Court [ICWA]

Here I have been trying to figure out how to comment on this particular opinion, though I may just default to Alaska’s QEW holdings have always been outliers . . . So as a reminder for us all, this is … Continue reading

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Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]

Here Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships. *** Section 1912(e)’s plain language states that no … Continue reading

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Qualified Expert Witness Case from Alaska [ICWA]

Eva H. v. State of Alaska This is a case worth reading in its entirety for the discussion of the qualifications of the QEW but also the discussion of the testimony supporting the casual connection between the parents’ behavior and … Continue reading

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North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289 The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to … Continue reading

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Termination of Parental Rights ICWA Case Out of Missouri

Here. This case is illustrative of a lot of the things we talk about regarding practicing in an unfamiliar forum, and getting objections on the record. The Tribe (Nenana Native Village) brought an appeal regarding the termination of parental rights, … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , | 2 Comments

ICWA Qualified Expert Witness Case out of Kansas Court of Appeals

Here. This case has a lot of problems, but the biggest one is the lack of a qualified expert witness at the adjudication phase. The court describes child welfare proceedings as falling into two phases: Proceedings that end in termination … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 1 Comment

Alaska ICWA Qualified Expert Witness and Active Efforts Case

Here. This case delves deeply into the qualifications of a qualified expert witness under the 2015 BIA Guidelines. Those requirements were pretty specific, and as the court points out, prioritized cultural knowledge of the child’s tribe. The 2015 Guidelines don’t … Continue reading

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Alaska ICWA Case on QEW and Guardianship

Here. Ultimately the question turned on whether a long term guardianship is a foster care placement or a termination of parental rights (which have differing standards of proof). The court found it was a foster care placement, and required the … Continue reading

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Unpublished ICWA Case from Kansas Court of Appeals

There’s a lot of discussion about what the standards for removal are in an ICWA case at the first (emergency/24/48/72 hour/prelim/shelter care) hearing after a child is removed. This is the question of the Oglala Sioux v. Van Hunnik federal … Continue reading

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