For DHS Case Workers - ICWA~ EXPERT TESTIMONY CHECK LIST

If you have a YES on your 1270

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.

Yes With an enrollment # for any family memberOn the Family Tree
_Obtain ICWA Active Efforts check list
_ Make Contact with in State Tribe within 24 Hours
_Out of State Tribes within 48 hours / Yes Without an enrollment #
_Obtain ICWA Active Efforts Check list
_ Make contact with in State Tribes within 24 hours
_Out of State Tribes within 48 hours

(Tribal phone numbers can be obtained through your Search Specialist)

_ Contact Active Efforts Specialist (if one is located in your district)
_Maintain contact with the named Tribe regarding the case
_If it’s an out of State Tribe, prepare packet to obtain an Expert Witness
_Expert Witness should be secured up front in case the out of state Tribe choose not to intervene or participate
_Ask the Tribe if they will be providing Expert Witness testimony
_If not ask if they have a relationship with an in-state Tribe who could provide the testimony
_Ask the Tribe if we could contract on their behalf / _ Take 1270 to Shelter hearing (or next court hearing) and present to the Judge and ask if the courts would like to order expert testimony, it may require asking to setover the hearing to obtain expert testimony
_Proceed with ICWA Check list and Treat as ICWA until the ICWA Search is completed, including securing Expert Test
_ Once search is completed if found eligible for enrollment work with the parent/s on enrollment
_ Maintain contact with the Tribe throughout the process
_ Work with branch business manager to invoice and obtain payment for expert witness

Contact branch ICWA liaison, Active Efforts Specialist if available or ICWA consultants for questions.