J.  Qualified Expert Witnesses

People In Interest of R.L., 961 P.2d 606 (Colo. App. 1998)
A qualified expert witness is:


Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed. Reg. 67584, 67593 D.4.(b)(i)

Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed. Reg. 67584, 67593 D.4.(b)(ii)

Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed. Reg. 67584, 67593 D.4.(b)(iii)
  • A member of the Indian child’s tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and childrearing practices;
  • A lay witness having substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and childrearing practices within the Indian child’s tribe;
  • A professional person having substantial education and experience in the area of his or her specialty.
25 C.F.R. § 23.8
Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed. Reg. 67584, 67593 D.4.(c)
The court or any party may request assistance from the Indian tribe or the BIA serving the child’s tribe in locating persons to serve as qualified expert witnesses. The BIA is not obligated to pay for the expert’s services, however.

People in Interest of K.D., 155 P.3d 634 (Colo. App. 2007)
People in Interest of A.N.W., 976 P.2d 365 (Colo. App. 1999)
Special knowledge of Indian culture and society is not required if termination is based on parental unfitness unrelated to Indian culture and society. Under those circumstances, it is sufficient if the witness has substantial education and experience in his or her area of specialty. 
People in Interest of K.D., 155 P.3d 634 (Colo. App. 2007)
The caseworker or a therapist may be a qualified expert witness within the meaning of the ICWA, therefore, if the termination is culturally neutral and the person has substantial education and experience in the area of her specialty, such as a parent’s emotional illness.