1. For the purposes of this chapter, unless the context otherwise requires, a “qualified
expert witness” may include, but is not limited to, a social worker, sociologist, physician,
psychologist, traditional tribal therapist and healer, spiritual leader, historian, or elder.
2. In considering whether to involuntarily place an Indian child in foster care or to
terminate the parental rights of the parent of an Indian child, the court shall require
that qualified expert witnesses with specific knowledge of the child’s Indian tribe testify
regarding that tribe’s family organization and child-rearing practices, and regarding whether
the tribe’s culture, customs, and laws would support the placement of the child in foster care
or the termination of parental rights on the grounds that continued custody of the child by
the parent or Indian custodian is likely to result in serious emotional or physical damage to
the child.
3. In the following descending order of preference, a qualified expert witness is a person
who is one of the following:
a. A member of the child’s Indian tribe who is recognized by the child’s tribal community
as knowledgeable regarding tribal customs as the customs pertain to family organization or
child-rearing practices.
b. A member of another tribe who is formally recognized by the Indian child’s tribe as
having the knowledge to be a qualified expert witness.
c. A layperson having substantial experience in the delivery of child and family services
to Indians, and substantial knowledge of the prevailing social and cultural standards and
child-rearing practices within the Indian child’s tribe.
d. A professional person having substantial education and experience in the person’s
professional specialty and having substantial knowledge of the prevailing social and cultural
standards and child-rearing practices within the Indian child’s tribe.
e. A professional person having substantial education and experience in the person’s
professional specialty and having extensive knowledge of the customs, traditions, and
values of the Indian child’s tribe as the customs, traditions, and values pertain to family
organization and child-rearing practices. Prior to accepting the testimony of a qualified
expert witness described in this lettered paragraph, the court shall document the efforts
made to secure a qualified expert witness described in paragraphs “a”, “b”, “c”, and “d”. The
efforts shall include but are not limited to contacting the Indian child’s tribe’s governing
body, that tribe’s Indian Child Welfare Act office, and the tribe’s social service office.
2003 Acts, ch 153, §11; 2004 Acts, ch 1101, §29
\n
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 2007–2025 · leading case:
In the Interest of D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011).
In the Interest of D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011).
· cites it 17× “The evidence must also include the testimony of a qualified expert witness as defined in section 232B.10. See Iowa Code § 232B.6(6)(a).”
In the Interest of C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010).
· cites it 5× “Denney met the requirements for a qualified expert witness in section 232B.10. The record does not indicate that the Lower Brule Tribe formally recognized Mr.”
In the Interest of M.W.-T. & C.W.-T., Minor Child. (Iowa Ct. App. 2024).
· cites it 10× “Iowa Code § 232B.10(2) (emphasis added). The mother asserts on appeal that, while the expert at her trial met the foundational requirements set forth in the Code, the expert’s testimony did not address the italicized portion above, concerning the tribe’s “culture, customs, and…”
In Re Aw, 741 N.W.2d 793 (Iowa 2007).
“§ 232B.10 (requiring in certain instances testimony from an expert witness with specific knowledge of the Indian tribe's family organization and child-rearing practices, culture, and customs); id.”
In Re Cav, 787 N.W.2d 96 (Iowa Ct. App. 2010).
· cites it 5× “Denney met the requirements for a qualified expert witness in section 232B.10. The record does not indicate that the Lower Brule Tribe formally recognized Mr.”
In the Interest of T.F & T.F., Minor Child. (Iowa Ct. App. 2021).
· cites it 6× “Is Termination Proper under ICWA Standards? Next, both the father and tribe challenge whether there was evidence to support a conclusion beyond a reasonable doubt that continued parental custody of the children would result in serious emotional or physical damage to the children.”
In the Interest of R.B. & M.G., Minor Child., 922 N.W.2d 105 (Iowa Ct. App. 2018).
· cites it 4× “The evidence must include testimony of a qualified expert witness as described in section 232B.10. Iowa Code § 232B.6(6)(a).”
In the Interest of H.D., A.D., E.D., & A.D., Minor Child. (Iowa Ct. App. 2025).
· cites it 2× “See Iowa Code § 232B.10(2). Following the hearing, the juvenile court terminated the father’s parental rights to the children under paragraphs “d,” “e,” “f,” “i,” “j,” “m,” and “o” of Iowa Code section 232.”
— Iowa Code § 232B.10(1) — 2 cases
In the Interest of D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011).
“The evidence must also include the testimony of a qualified expert witness as defined in section 232B.10. See Iowa Code § 232B.6(6)(a).”
— Iowa Code § 232B.10(2) — 6 cases
In the Interest of D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011).
“The evidence must also include the testimony of a qualified expert witness as defined in section 232B.10. See Iowa Code § 232B.6(6)(a).”
In the Interest of M.W.-T. & C.W.-T., Minor Child. (Iowa Ct. App. 2024).
“Iowa Code § 232B.10(2) (emphasis added). The mother asserts on appeal that, while the expert at her trial met the foundational requirements set forth in the Code, the expert’s testimony did not address the italicized portion above, concerning the tribe’s “culture, customs, and…”
In the Interest of T.F & T.F., Minor Child. (Iowa Ct. App. 2021).
“Is Termination Proper under ICWA Standards? Next, both the father and tribe challenge whether there was evidence to support a conclusion beyond a reasonable doubt that continued parental custody of the children would result in serious emotional or physical damage to the children.”
— Iowa Code § 232B.10(3)(a) — 1 case
In the Interest of D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011).
“The evidence must also include the testimony of a qualified expert witness as defined in section 232B.10. See Iowa Code § 232B.6(6)(a).”
— Iowa Code § 232B.10(3)(b) — 3 cases
In the Interest of D.S., 806 N.W.2d 458 (Iowa Ct. App. 2011).
“The evidence must also include the testimony of a qualified expert witness as defined in section 232B.10. See Iowa Code § 232B.6(6)(a).”
In the Interest of C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010).
“Denney met the requirements for a qualified expert witness in section 232B.10. The record does not indicate that the Lower Brule Tribe formally recognized Mr.”
In Re Cav, 787 N.W.2d 96 (Iowa Ct. App. 2010).
“Denney met the requirements for a qualified expert witness in section 232B.10. The record does not indicate that the Lower Brule Tribe formally recognized Mr.”
— Iowa Code § 232B.10(3)(c) — 2 cases
In the Interest of C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010).
“Denney met the requirements for a qualified expert witness in section 232B.10. The record does not indicate that the Lower Brule Tribe formally recognized Mr.”
In Re Cav, 787 N.W.2d 96 (Iowa Ct. App. 2010).
“Denney met the requirements for a qualified expert witness in section 232B.10. The record does not indicate that the Lower Brule Tribe formally recognized Mr.”
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treatment. Dots show Syfertize treatment of the citing case itself.