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fourteen.four - What number of experts are needed? Courts have held that one certified expert witness can create the necessary evidence. Using the plural type "expert witnesses" from the ICWA continues to be held to mean one qualified expert. See, e.g.
Practice Tip: In the event the ICWA load hasn't been achieved, even where by a court docket uses a dual stress of proof and only the point out burden is achieved, the petition for placement in foster treatment or termination of parental rights has to be denied. Back to Issue Record
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Indian society ought to hardly ever, if at any time, be provided being a protection to abuse or harmful actions of Indian moms and dads. The practitioner should be conscious that remedial steps to correct this sort of motion or inaction does implicate Indian society which the tribal social employee, as a qualified expert witness, can testify about, Specially where by this kind of expertise and working experience is crucial to the end result of the situation. Again to Dilemma List
Some states utilize a dual stress of proof. In a foster treatment placement, the court will utilize the applicable point 加州大学圣芭芭拉 out burden of evidence to determine Should the condition things are already met to position the Indian youngster in foster treatment. Then, below 1912(e), it will eventually use the higher ICWA "clear and convincing" load of evidence to find out whether or not "the ongoing custody of the child through the parent or Indian custodian is probably going to result in severe psychological or physical harm to the child." Among the other matters, the BIA ICWA Tips allow it to be crystal clear that socio-economic ailments aren't being regarded as. Indian Baby Custody Proceedings, forty four Fed. Reg.