Arizona COA Decides ICWA Expert Witness Appeal

Here is the unpublished opinion in Charlotte G. v. Dept. of Child Safety.

An excerpt:

Charlotte G. (“Mother”) appeals the juvenile court’s order
terminating her parental rights to B.G. and W.G. (collectively, “the
children”). The children are members of the Gila River Indian Community
(“Tribe”).1 On appeal, Mother does not contest that the statutory grounds
for severance were proven, that there was a substantial likelihood that she
would not be capable in the near future of exercising proper and effective
parental care and control, and that severance of the relationship was in the
best interests of the children. Mother contends, however, that the juvenile
court erred in terminating her parental rights because the State failed to
prove additional elements necessary to terminate a parent-child
relationship under the Indian Child Welfare Act (“ICWA”). For the
following reasons, we affirm.