§ 19-1.2-115 — Qualified expert witnesses

Colorado § 19-1.2-115

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Colorado Indian Child Welfare Act

Text

(1) In a child custody proceeding
that requires the testimony of a qualified expert witness, the petitioning or filing
party shall seek a qualified expert witness from the Indian child's tribe and may,
when appropriate, contact the federal bureau of Indian affairs and request that the
tribe or bureau identify one or more individuals who meet the criteria described in
subsection (3) or (4) of this section and make a record of that contact either in
writing or orally on the record.

(2) At a hearing pursuant to section 19-1.2-123 or 19-1.2-125, if the court has
found that there is reason to know that a child is an Indian child, at least one expert
witness must be qualified to testify regarding:

(a) Whether the continued custody of the Indian child by the Indian child's
parent or Indian custodian is likely to result in serious emotional or physical damage
to the Indian child; and

(b) The prevailing social and cultural standards and child-rearing practices
of the Indian child's tribe.

(3) For the purposes of this section, a qualified expert witness is not required
to have knowledge of social and cultural standards of the Indian child's tribe only if
such knowledge is plainly irrelevant to the particular circumstances at issue in the
proceeding. The Indian child's tribe may designate an individual as being qualified
to testify to the prevailing social and cultural standards of the Indian child's tribe.

(4) If the Indian child's tribe has not identified a qualified expert witness, the
following individuals, in order of priority, may testify as a qualified expert witness:

(a) A member of the Indian child's tribe or another individual who is
recognized by the tribe as knowledgeable about tribal customs regarding family
organization and child-rearing practices;

(b) An individual who has substantial experience in the delivery of child and
family services to Indians and extensive knowledge of prevailing social and cultural
standards and child-rearing practices in the Indian child's tribe; or

(c) An individual who has substantial experience in the delivery of child and
family services to Indians and extensive knowledge of prevailing social and cultural
standards and child-rearing practices in Indian tribes with cultural similarities to the
Indian child's tribe.

(5) An Indian child's tribe must be provided the opportunity to question the
qualified expert witness in all hearings involving the Indian child, regardless of
whether the Indian child's tribe has intervened pursuant to section 19-1.2-113.

(6) For the purposes of this section, a petitioning or filing party or an
employee of the petitioning or filing party may not serve as a qualified expert
witness.

Legislative History

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1802, � 2, effective August 6.