Qualified Expert Witness Requirement

The Indian Child Welfare Act, 25 U.S.C. section 1912, and the Minnesota Indian Family Preservation Act, Minnesota Statutes, section 260.771, subdivision 6, require testimony from a qualified expert witness, as defined in Rule 2.01(29), before making the findings required by subd. 1 and subd. 2 of this rule. Subd. 1. Foster Care Placement. In the case of an Indian child, foster care placement shall not be ordered in the absence of testimony of at least one qualified expert witness that supports a determination that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Subd. 2. Termination of Parental Rights. In the case of an Indian child, termination of parental rights shall not be ordered in the absence of testimony of at least one qualified expert witness that supports a determination that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.