Okla. Admin. Code § 340:75-19-13

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-19-13 - Qualified expert witness testimony in the case requiring Indian Child Welfare Act compliance

(a) Per Section 1912 of Title 25 of the United States Code ( 25 U.S.C. § 1912 ) no foster care placement or termination of parental rights may be ordered without the testimony of a qualified expert witness that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage or harm to the child.

(b) A qualified expert witness has specific knowledge of the Indian tribe's culture and customs. Persons with the following characteristics, in descending order, meet the requirements for a qualified expert witness, a:

(1) member of the Indian child's tribe recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organizations and child rearing practices;

(2) member of another tribe recognized to be a qualified expert witness by the Indian child's tribe based on his or her knowledge of the delivery of child and family services to Indians and the Indian child's tribe;

(3) layperson 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; and

(4) professional person with 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.

(c) The court or any party may request the assistance of the Indian child's tribe or the Bureau of Indian Affairs agency serving the child's tribe in locating persons qualified to serve as an expert witness.

Okla. Admin. Code § 340:75-19-13

Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 30 Ok Reg 839, eff 7-1-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016