Rule 28.06 - Qualified Expert Witness RequirementThe Indian Child Welfare Act, 25 U.S.C. § 1912, and the Minnesota Indian Family Preservation Act, Minn. Stat. § 260.771, subd. 6, require testimony from a qualified expert witness, as defined in Rule 2.01(29), before making the findings required by subd. 1 and subd. 2 of this rule.
Subd.1. Foster Care Placement. In the case of an Indian child, foster care placement shall not be ordered in the absence of testimony of at least one qualified expert witness that supports a determination that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Subd. 2. Termination of Parental Rights. In the case of an Indian child, termination of parental rights shall not be ordered in the absence of testimony of at least one qualified expert witness that supports a determination that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.Minn. Juve. Prot. P. 28.06