ORS 419B.642
Qualified expert witness
(1)
In any child custody proceeding under ORS chapter 109 or 419B that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request that the tribe identify one or more individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner may also request the assistance of the United States Bureau of Indian Affairs in locating individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner shall file a declaration with the court describing the efforts the petitioner made under this subsection to identify a qualified expert witness.(2)
At a hearing under ORS 109.326 (Consent when spouse not parent), 109.330 (Notice when parent does not consent), 419B.340 (Reasonable or active efforts determination), 419B.365 (Permanent guardianship), 419B.366 (Guardianship) or 419B.521 (Conduct of termination hearing), if the court has found that there is reason to know that a child is an Indian child, at least one qualified expert witness must testify regarding:(a)
Whether the continued custody of the Indian child by the child’s parent or custody by the child’s Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and(b)
The prevailing social and cultural standards and child rearing practices of the Indian child’s tribe.(3)
A person is a qualified expert witness under this section if the Indian child’s tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the tribe.(4)
If the Indian child’s tribe has not identified a qualified expert witness, the following individuals, in order of priority, may testify as a qualified expert witness:(a)
A member of the Indian child’s tribe or another person who is recognized by the tribe as knowledgeable about tribal customs regarding family organization or child rearing practices;(b)
A person having substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child’s tribe; or(c)
Any person having substantial experience in the delivery of child and family services to Indians and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the child’s tribe.(5)
In addition to testimony from a qualified expert witness, the court may hear supplemental testimony regarding information described in subsection (2) of this section from a professional having substantial education and experience in the area of the professional’s specialty.(6)
No petitioning party, employees of the petitioning party or an employee of the Department of Human Services may serve as a qualified expert witness or a professional under this section. [2020 s.s.1 c.14 §17; 2021 c.398 §52]
Source:
Section 419B.642 — Qualified expert witness, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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