Qualified Expert Witness Process

Persons with the following characteristics, in descending order, are presumed to meet the requirements for a qualified expert witness:

(1) A member of the Indian child’s tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and childrearing practices.

(2) A member of another tribe who is recognized to be a qualified expert witness by the Indian child’s tribe based on their knowledge of the delivery of child and family services to Indians and the Indian child’s tribe.

(3) A layperson who is recognized by the Indian child’s tribe as having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and childrearing practices within the Indian child’s tribe.

(4) A professional person having substantial education and experience in the area of his or her specialty who can demonstrate knowledge of the prevailing social and cultural standards and childrearing practices within the Indian child’s tribe.

Initial Contact

  • A DHS caseworker, ICWA Liaison, Active Efforts Specialist or ICWA Consultant will be in contact requesting QEW assistance. Judges, ADA’s and DA’s may also be in contact. Requests directly from Tribe/s is also a possibility.

Information Review

  • Typically, a QEW will review the entire case file. In certain situations the case may have several folders or volumes, in other situations the case may be new have limited information.

a. Face to face interviews with the case worker. It helps to put the chronology in perspective. It also allows for collectinginformation that may not be in the files. In addition, several questions may be asked to the case worker specifically, what steps they (DHS) has taken to comply withICWA requirements-the ICWA questionnaire, contact with the tribe, and whether the tribe has given an indication whether they will

serve as the ICWA expert witness, also ask them what they did that meets ICWA Active Efforts requirements, and placement of the child i.e.placement with a relative, other native, or a tribal approved placement. Also ask for the name of the tribal contact and phone number.

b. The initial report to the courtprovides a fairly defined process and reason(s) for removal in a fairly reasonablechronology. The interview and court report will provide the reason(s) for removal.

c. Collect the court orders, because they specifically cite the allegations against the parent(s).

d. Review the case file after initial interview to determine: one, is there information the case worker may have omitted during theinterview; two, Is there supporting information like police reports, psychological evaluations, psychological assessments, reports of alcohol/drug use-if relevant; three, documented contacts, and efforts tocontact the tribe.

e. Review the daily contact log, but it depends on the relevancy of the log to determine if you want copies of that material.

f. Contact the identified tribal person; introduce yourself and describe and inform them why you are contacting them. Ask them whatthey know about the case, whether the tribe agrees, do they agree with placement, aretheir cultural aspects they want to see in place, and any other contacts they would like to see.

g. Generate 4 to 5 page report. Ask the case worker to read and advise of any changes, additions, or corrections.

h. Appear in court, or testify by phone.

CONTRACT

  • The DHS case worker will work with the branch office manager in order to invoice for the QEW service.

SUBMITTING TESTIMONY

  • Submitting written testimony describes what you have done, what you reviewed, who you spoke with, and documents your communication with the tribe. The document is often entered into evidence. It can be sent to the tribe as well.