Tag Archives: qualified expert witness

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

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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

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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Unpublished ICWA Case from Kansas Court of Appeals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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ICWA Case out of Texas Court of Appeals Declines to Extend Baby Girl

Here is the opinion. The Court reversed a termination of parental rights because there was no qualified expert witness testimony. The State argued that because of Adoptive Couple v. Baby Girl, the section of ICWA governing burden of proof and … Continue reading

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ICWA Qualified Expert Witness (primarily) Case Out of Alaska

Here. Footnote 7 discusses the old and new Guidelines with regards to QEWs, though the court relied primarily on the old Guidelines (the professional person who is an expert professional). The specific qualifications of the QEW in this case is … Continue reading

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Unpublished ICWA Burden of Proof Case out of Michigan

Here. The record demonstrates that although the trial court found that DP and AP were Indian children under the ICWA, the trial court did not apply the heightened “beyond a reasonable doubt” evidentiary standard of proof at the termination hearing … Continue reading

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In re LNP, Guardianship and ICWA

Wyoming Supreme Court decision. Multiple ICWA issues, including applying ICWA to permanent guardianships, the shift from a temporary guardianship to a full or “plenary” guardianship, the requirements of a qualified expert witness, the ability of guardians to provide active efforts, … Continue reading

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