California Welfare and Institutions Code

§ 224.6

WIC § 224.6 Effective Sep 27, 2024Div. 2 · Part 1 · Ch. 2 · Art. 1

Statute text

(a)When testimony of a “qualified expert witness” is required in an Indian child custody proceeding, a “qualified expert witness” shall be qualified to testify regarding whether continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and shall be qualified to testify to the prevailing social and cultural standards of the Indian child’s tribe. A person may be designated by the child’s tribe as qualified to testify to the prevailing social and cultural standards of the Indian child’s tribe. The individual may not be an employee of the person or agency recommending foster care placement, preadoptive placement, adoptive placement, adoption, or termination of parental rights.

(b)In considering whether to remove an Indian child from the custody of a parent or Indian custodian or to terminate the parental rights of the parent of an Indian child, the court shall do both of the following:

(1)Require that a qualified expert witness testify regarding whether continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

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Legislative history

Amended by Stats. 2024, Ch. 656, Sec. 7. (AB 81) Effective September 27, 2024.