41-3-1318. Qualified expert witness -- requirements -- prohibitions.

329 words·~1 min read·/mt/title-41/chapter-3/part-13/41-3-1318

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41-3-1318 . Qualified expert witness -- requirements -- prohibitions.

(1)A qualified expert witness is an individual who provides testimony in a child custody proceeding under this part. The purpose of the testimony is to assist a court in determining whether the continued custody of the child by or the return of the child to the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The parties may not waive the requirement for the qualified expert witness testimony.

(2)The petitioning party shall consult with the Indian child's tribe on the selection of the qualified expert witness, including asking whether the tribe has a list of preferred qualified expert witnesses. To the extent possible, the petitioning party shall use an individual preferred by the tribe.

(3)A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and must be qualified to testify as to the prevailing social and cultural standards of the Indian child's tribe.

(a)If the petitioner is the department, the child protection specialist assigned to the case and the child protection specialist's supervisor may not testify as qualified expert witnesses in the case.

(b)Nothing in this subsection

(4)may be construed as barring:

(i)the child protection specialist or the child protection specialist's supervisor from testifying as an expert witness for other purposes in a proceeding under this part; or

(ii)the petitioner or another party in a proceeding under this part from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court, including the determination of whether the continued custody of the Indian child by or return of the Indian child to the parent, parents, or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.