OAR 413-115-0130
Standards of Evidence and Minimum Qualifications for a Qualified Expert Witness
(1)
Preponderance of the Evidence. Emergency Removals. When requesting court authorization for emergency removal at a shelter hearing, the Department must demonstrate to the court that the Department has complied with ICWA Notice requirements, that removal of the child or ward is in the child’s best interest, and that a preponderance of the evidence indicates that protective custody is necessary to prevent imminent physical damage or harm to the child.(b)
Guardianship finalization pursuant to ORS 419B.366 (Guardianship). When requesting court appointment of a guardian pursuant to ORS 419B.366 (Guardianship), the Department must demonstrate, by clear and convincing evidence, that continued custody of the Indian child with the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. The Department’s presentation of evidence must include the testimony of at least one QEW, as defined in section (3) of this rule.(3)
Beyond a Reasonable Doubt.(a)
Guardianship finalization pursuant to ORS 419B.365 (Permanent guardianship). When requesting court appointment of a guardian pursuant to ORS 419B.365 (Permanent guardianship), the Department must demonstrate, by evidence beyond a reasonable doubt, that continued custody of the child with the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The Department’s presentation of evidence must include the testimony of at least one QEW, as defined in section (3) of this rule.(4)
Qualified Expert Witness (QEW).(c)
Department staff may not serve as a QEW in any child custody proceeding.
Source:
Rule 413-115-0130 — Standards of Evidence and Minimum Qualifications for a Qualified Expert Witness, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0130
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