Department of Children, Youth & Families

Applies To: This policy applies to Department of Children, Youth, and Family (DCYF) employees.

Chapter Number & Title: 2 Indian Child Welfare
Policy Number & Title: 2.40.60 Qualified Expert Witnesses for Indian Child Welfare (ICW) Cases
Effective Date: July 15, 2026

Purpose

The purpose of this policy is to provide guidance when qualified expert witnesses (QEWs) are needed to testify in court hearings when caseworkers are requesting to place children and youth in out-of-home and there is reason to know children are or may be Indian children.

Authority

25 CFR Part 23 Indian Child Welfare Act
25 USC § 1901-1923 Indian Child Welfare Act
Chapter 13.38 RCW Indian Child Welfare Act

Policy

Office of Tribal Relations (OTR) must:
1. Maintain an approved QEW list of:
  1. Contracted individuals
  2. DCYF employees
2. Verify QEWs:
  1. Who are contracted with DCYF:
    1. Are qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
    2. Follow the DCYF Administrative 4.01 Contracting policy.
  2. Who are tribally-designated have:
    1. An approved background check prior to having unsupervised access to children.
    2. Access to QEW training provided by DCYF.
  3. Contracted with DCYF or DCYF employees complete QEW training provided by DCYF that includes, but is not limited to, information about:
    1. Washington State court processes.
    2. How to:
      1. Testify effectively in court and present their qualifications.
      2. Work effectively with assistant attorneys general (AAGs) and defense attorneys.
      3. Access necessary case information.
3. Assist caseworkers in locating QEWs if they cannot identify either a QEW that is:
  1. Tribally-designated
  2. Contracted with DCYF
Caseworkers must:
1. Ask known tribes for a tribally-designated QEW who is recognized by the tribe as knowledgeable on tribal customs pertaining to family organization or child rearing practices.
2. Obtain a QEW designated by the tribe or contracted with DCYF for the following court hearings when it’s been determined that continued parental or Indian custody is likely to result in serious emotional or physical damage to their children, DCYF is requesting out-of-home placement, and there is reason to know children are or may be Indian children:
  1. 30-day shelter care
  2. Dependency fact-finding
  3. Dependency disposition
  4. DCYF initiated guardianships
  5. Termination of parental rights (TPR)
Caseworkers or active efforts specialists must contact as soon as possible, but no later than 20 calendar days prior to the 30-day shelter care, dependency fact-finding, dependency disposition hearing, DCYF initiated guardianship, and TPR court hearings:
1. The child’s known tribes to request a tribally-designated QEW.
2. OTR for assistance in obtaining a QEW when:
  1. There are no known tribes.
  2. No tribes are intervening or participating.
  3. Tribes have not identified a QEW at least 14 calendar days prior to the court hearing.
DCYF employees wanting to serve as QEWs at the 30-day shelter care hearings on ICW cases when there is no known tribe or efforts to obtain a tribally-designated or contracted QEW are unsuccessful, must:
1. Be:
  1. Approved by their supervisor and appointing authority.
  2. On the DCYF employee QEW list maintained by OTR.
2. Complete the QEW training requirements listed in 1.b.iii.A-B.
3. Not serve as a QEW on cases:
  1. They:
    1. Are assigned to.
    2. Supervise or are in the assigned caseworker’s line of authority.
    3. Have personal knowledge of or association with the case, even if they are from outside of the region.
  2. Located in their region.

Procedures

QEW Qualifications
Office of Tribal Relations (OTR) must:
1. Collaborate with the:
  1. Contracts Unit to contract with QEWs.
  2. ICW Subcommittee of the Tribal Policy Advisory Committee to:
    1. Identify gaps and barriers to include but not limited to:
      1. Obtaining contracted QEWs.
      2. Assisting tribes to identify QEWs.
      3. Updating QEW training.
    2. Consult on policy updates.
2. Update as needed:
  1. A method of determining compensation rates for approved QEW services for contracted QEWs.
  2. Minimum qualifications for contracted QEWs in Washington State and confirm they meet the following qualification requirements:
    1. Extensive knowledge of prevailing social and cultural standards and child rearing practices within the child's tribe.
    2. Knowledge of child rearing practices in Indian tribes with cultural similarities to the child's tribe.
3. Track contracted QEWs’ completed trainings.
QEW Process
When it’s been determined that the continued custody by a parent or Indian custodian is likely to result in serious emotional or physical damage to their children, and DCYF is requesting out-of-home placement and there is reason to know children are or may be Indian children:
1. Caseworkers or active efforts specialists must:
  1. Collaborate with known tribes to obtain a QEW at the earliest possible 30-day shelter care hearing. QEW testimony is required at only one 30-day shelter care hearing regardless of continuances.
  2. During 30-day shelter care hearings, if obtaining a QEW is not possible despite the active efforts of DCYF:
    1. Provide evidence of the active efforts made to obtain a QEW, including tribal contacts, if requested.
    2. Explain to the court why efforts to obtain a QEW were not possible, and include any information or input from the tribe, if available.
  3. As soon as possible, but no later than 20 calendar days prior to 30-day shelter care, dependency fact-finding, dependency disposition, DCYF-initiated guardianship, and the TPR court hearings, complete the following when there are:
    1. Multiple tribes and the court hasn’t designated a tribe as the child’s tribe, determine if there is a tribally-designated QEW by either:
      1. Reviewing the Indian child’s tribe’s Memoranda of Agreement (MOA) per the Tribal-State Memoranda of Agreement policy.
      2. Contacting and coordinating with the child’s known tribes by phone, email, or fax if a QEW isn’t identified in the MOA or there is no MOA. To locate:
        A Washington State federally recognized tribe go to Washington State Tribal Indian Child Welfare Social Services Directors and Staff Contact Information.
        Out-of-state federally recognized tribes go to ICWA Designated Agent Listing.
    2. No known tribes, no tribes have intervened or are participating, or the tribes have not identified a QEW at least 14 calendar days prior to the court hearing:
      1. Immediately send the Office of Tribal Relations Request for Qualified Expert Witness (QEW) form to OTR QEW Request to identify an appropriate contracted QEW.
      2. Document and present evidence to the court of DCYF efforts made to obtain a QEW if DCYF cannot obtain a QEW.
      3. Inform known tribes of the chosen QEW, when applicable. If tribes object to the identified QEW, coordinate with the QEW coordinator to identify a new tribally approved QEW.
2. OTR must:
  1. Establish contracts for QEWs by collaborating with:
    1. Tribal partners.
    2. Financial and Business Services Division Contracts Unit.
    3. Indian Child Welfare (ICW) Subcommittee of the Tribal Policy Advisory Committee.
    4. Caseworkers.
  2. Verify:
    1. DCYF employee QEWs are eligible per the requirements listed in the QEW Eligibility for DCYF Employees document.
    2. Contracted and DCYF employee QEWs complete QEW specific training requirements by requesting either:
      1. A QEW training certificate within the last five years from the QEW.
      2. Evidence of QEW training from a DCYF-contracted training program within two years of their contract start date.
      3. Tribally-designated QEWs have access to DCYF-contracted trainings.
  3. Immediately identify a contracted QEW who meets one or more of the following requirements when notified by caseworkers or active efforts specialists, in descending order of preference:
    1. Be a member of the child’s Indian tribe or is chosen and recognized by the tribe as knowledgeable regarding tribal customs specific to family organization or child rearing practices.
    2. Has substantial experience in the delivery of child and family services to Indians and has extensive knowledge of social and cultural standards and child rearing practices within the:
      1. Indian child's tribe.
      2. Indian tribes with cultural similarities to the Indian child's tribe.
      3. Delivery of child and family services to Indians if no tribe has been identified.
    3. Is a professional who has substantial education and experience in a specialty area related to the tribe.
  4. Assist caseworkers and active efforts specialists in identifying a QEW if they cannot obtain a tribally-designated QEW by:
    1. Appointing a QEW after receiving the completed Request for Qualified Expert Witness (QEW).
    2. Sending:
      1. Case information to the QEW.
      2. The QEW’s name and contact information and QEW resources to the caseworker and supervisor, and the AAG if known. Resources include but are not limited to the QEW flow chart, QEW check list, and frequently asked questions
3. DCYF-Employee QEWs must:
  1. Be eligible.
  2. Collaborate with the caseworker, tribes, AAG, parents or guardians, licensed or relative caregiver, and children if they are age appropriate, to assess and prepare for court testimony.
  3. Review information provided by the caseworker or designee.
  4. Coordinate with tribes or obtain information about the child’s tribes if unknown or unavailable to obtain knowledge of the social and cultural standards of child rearing practices.
  5. Prepare a written declaration for the court when requested by the AAG.
  6. Present QEW testimony at the following hearings:
    1. 30-day shelter care
    2. Dependency fact-finding
    3. Dependency dispositions
    4. DCYF-initiated guardianships
    5. Termination of Parental Rights (TPR)
QEW Coordination
Once caseworkers or active efforts specialists have the name of the QEW, they must coordinate with the AAG and contact the QEW as soon as possible and on an ongoing basis, to:
1. Verify the date and time of the hearings when QEW testimony is required.
2. Review the case file and discuss with them, their:
  1. Role as a QEW on the case and what they will be asked to testify about. This includes, but isn’t limited to:
    1. The QEW’s:
      1. Qualifications and knowledge about the social and cultural standards of the child’s tribe and the delivery of child and family services to Indians.
        Potential testimony regarding:
        Active efforts made by DCYF and the outcomes, if those efforts have proven unsuccessful.
        The placement and compliance with the requirements outlined in the Placement Preferences policy.
    2. Whether custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
  2. Opinion on the case. If there is disagreement about whether the child’s continued custody with their parent or Indian custodian is likely to result in serious emotional or physical damage and it cannot be resolved, discuss the disagreement and review with the supervisor.
3. Provide the information necessary for the QEW to testify and provide them updates, as necessary.
4. Encourage the QEW to:
  1. Meet with the parents, guardians, or Indian custodians and children in the case.
  2. Collaborate with the caseworker and designated tribal employees to understand the case and case plan.
Documentation
DCYF employees must:
1. Follow the Documentation policy.
2. Document communication and activities to obtain a QEW in FamLink case notes and select “Tribal Contact” under the activities tab.