§ 22 §3954 — Qualified expert witness

1.
Identification.
In any proceeding subject to this Act that requires the testimony of a qualified expert witness, the qualified expert witness must be provided by the petitioner and must meet the criteria of subsection 3 or 4. A qualified expert witness may be identified based on information from the Indian child's tribe or with the assistance of the United States Department of the Interior, Bureau of Indian Affairs.
2.
Testimony provided.
In any proceeding subject to this Act that requires the testimony of a qualified expert witness, at least one qualified expert witness must testify regarding:
3.
Tribal qualification.
A person is a qualified expert witness under this section if the Indian child's tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the Indian tribe.
4.
Alternative qualification.
If the Indian child's tribe has not designated a qualified expert witness or the designated qualified expert witness is unavailable, the following individuals, in order of priority, may testify as a qualified expert witness:
5.
Disqualified persons.
A petitioning party, an employee of the petitioning party or an employee of the Department of Health and Human Services may not serve as a qualified expert witness or a professional under this section.

Legislative History

PL 2023, c. 359, §5 (NEW).