25 C.F.R. § 23.122
Who may serve as a qualified expert witness?
(a) A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and should be qualified to testify as to the prevailing social and cultural standards of the Indian child's Tribe. A person may be designated by the Indian child's Tribe as being qualified to testify to the prevailing social and cultural standards of the Indian child's Tribe.
(b) The court or any party may request the assistance of the Indian child's Tribe or the BIA office serving the Indian child's Tribe in locating persons qualified to serve as expert witnesses.
(c) The social worker regularly assigned to the Indian child may not serve as a qualified expert witness in child-custody proceedings concerning the child.
Notes of Decisions
Cited in 45
cases (22 in the last 5 years), 2017–2025 · leading case: In re Interest of Cameron L. & David L., 32 Neb. Ct. App. 578 (Neb. Ct. App. 2024).
In re Interest of Cameron L. & David L., 32 Neb. Ct. App. 578 (Neb. Ct. App. 2024). “(c) The social worker regularly assigned to the Indian child may not serve as a qualified expert witness in child-custody proceedings concerning the child.”
State of Alaska, DHSS, OCS v. C.A. (Mother) & B.R. (Father), State of Alaska, DHSS, OCS v. L.S. (Mother) & M.D. (Father), 513 P.3d 999 (Alaska 2022). “”17 ICWA itself does not define 15 We use “cultural expert testimony” as a shorthand for what ICWA and the BIA regulations generally require: the “testimony of [a] qualified expert witness[]” who is “qualified to testify as to the prevailing social and cultural standards of the…”
Eva H. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 436 P.3d 1050 (Alaska 2019). “9 25 C.F.R. § 23.122 (2018); see Fidelity Fed.”
Oliver N. v. Dep't of Health, 444 P.3d 171 (Alaska 2019). “" 15 The regulations set out relevant expert witness requirements and the standard for the "likelihood of harm" finding: 16 "Who may serve as a qualified expert witness?" is explained at 25 C.F.R. § 23.122 (a): A qualified expert witness must be qualified to testify regarding…”
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). “at 38,829 (citing § 1912(e), (f)); see also 25 C.F.R. § 23.122 (a) (specifying expert qualifications).”
In re Guardianship of Eliza W., 304 Neb. 995 (Neb. 2020). “25 C.F.R. § 23.122 (a) (2019). The accompanying new guidelines indicate that there may be some cases in which expert testimony from an individual with knowledge of tribal culture is not required.”
In the Matter of April S., a Minor, 467 P.3d 1091 (Alaska 2020). “expert testimony is contextualized within the Tribe’s social and cultural standards.”22 Notwithstanding, the BIA Guidelines note that the regulation “does not .”
Gaddie v. K.S.D., 904 N.W.2d 479 (N.D. 2017). “25 C.F.R. § 23.122 . This regulation applies to any child custody proceeding initiated on or after December 12, 2016, even if the child has already undergone child custody proceedings prior to that date to which the regulation did not apply.”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “§ 1912 (f) ; 25 C.F.R. § 23.122 (2018). [¶12] On April 19, 2018, the court entered a judgment granting the Department's termination petition.”
Walker E. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 480 P.3d 598 (Alaska 2021). “3d 946, 952-53 (Alaska 2000) (concluding “where there is clear evidence that a child faces a serious risk of physical neglect if she remains in her parent’s care, a trial judge may terminate parental rights without hearing testimony from an expert in Native cultures”); 25 C.F.R.…”
In re Dependency of Z.J.G., 471 P.3d 853 (Wash. 2020). “§ 1912 (e), (f); 25 C.F.R. § 23.122 . Importantly, ICWA provides a heightened standard for removal during emergency proceedings, only allowing emergency removal and placement “in order to prevent imminent physical damage or harm to the child.”
Demetria H. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 433 P.3d 1064 (Alaska 2018). “43 25 C.F.R. § 23.122 (a) (2016). 44 Bureau of Indian Affairs , supra note 19, at 55.”
— 25 C.F.R. § 23.122(a) — 1 case
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