In Eva H. v. State, Department of Health & Social Services,[1] the supreme court held a guardian ad litem with no formal training in social work did not satisfy the heightened standard required by the Indian Child Welfare Act to qualify as an expert witness. The Office of Children’s Services (OCS) petitioned to terminate the parental rights of the mother and father of two Indian children subject to the Indian Child Welfare Act (ICWA). The superior court issued an order terminating the parental rights of both parents. On appeal, the father challenged the court’s finding that expert witness Deborah Reichard was a qualified expert witness under ICWA. The supreme court reversed the termination order, finding that Reichard’s testimony did not satisfy the heightened standard under ICWA because she had no formal training or professional tools, other than experience as an attorney and guardian ad litem, to recognize mental health issues. ICWA requires an expert to be qualified to address whether the conditions of custody were a threat to a specific child’s well-being through a showing of causation. Additionally, the expert witness must have expertise beyond the qualifications of a “normal” social worker. The court found that Reichard’s testimony did not support a finding that she was qualified under ICWA to testify about the key issue of whether returning the children to their parents was likely to result in serious emotional or physical damage. The supreme court reversed the superior court’s termination order, holding a guardian ad litem required more formal training than experience as an attorney in order to meet the heightened standard for qualification as an expert witness under ICWA.
[1] 436 P.3d 1050 (Alaska 2019).
