Navajo Nation v. Department of Child Safety, April 18, 2019 (Court of Appeals of Arizona)

Synopsis provided by Westlaw: After child, a member of a Native American tribe, was removed from biological mother’s care by Department of Child Safety, mother moved to appoint child’s foster placement, who was not affiliated with child’s family or tribe or any Native American organization, as child’s permanent guardian, and tribe indicated that mother or Department would need to provide expert witness to testify regarding child’s placement, as required by Indian Child Welfare Act. The Superior Court, Maricopa County,¬†Arthur T. Anderson, J., without hearing testimony from qualified expert witness, found good cause to place child in non-ICWA-preferred placement, and appointed child’s foster placement as her permanent guardian. Tribe appealed.

Holdings provided by Westlaw: The Court of Appeals, Howe, J., held that:
1) provision of ICWA prohibiting courts from placing children who are members of tribes into foster placement without first hearing expert testimony applied, and
2) mother’s proposed expert witness was not qualified.
Vacated and remanded.

Read the full decision at the National Indian Law Library website.