The Indian Child Welfare Act of 1978 requires a Qualified Expert Witness (QEW) testimony in child custody proceedings. QEW’s testify to when it’s been determined that continued parental or Indian custodial custody is likely to result in serious emotional or physical damage to their children.
The Office of Tribal Relations (OTR) supports the efforts of tribal nations to exercise their self-governance in Indian Child Welfare matters. OTR works with tribes to identify QEWs.
What services do QEWs provide?
OTR contracts with QEW’s to ensure DCYF maintains compliance with ICWA. Contracts are available for Tribes and private individuals, based on knowledge and experience. QEW can agree to testify on behalf of Unknown Tribes or geographically close Tribes that are similar to their own.
Who does DCYF work with to provide QEW services?
Tribe designee, Tribal elders, Tribal members/descendants, Tribal community members, professionals who have worked in a Tribal community and have significant knowledge of and experience with Indian culture, traditions, and childrearing practices, and approved DCYF staff.
When are QEWs called in to provide services?
In Washington, QEW testimony is required for the earliest 30-day shelter care hearing, if possible, but not later than the dependency fact-finding, guardianship, and the termination of parental rights court hearings. Some courts request QEW testimony on Active efforts, Placement, case planning outcomes, and personal opinions on the case. QEW provides the court with knowledge of the social and cultural aspects of Indian life to diminish the risk of any cultural bias.
Where: State/county courts across Washington state. Some courts allow virtual QEW appearance/testimony.
Contracting Information
Some WA Tribes provide a QEW through a Memorandum of Agreement (MOA). QEW can also be designated by a Tribe; All contracted QEW’s will be required to complete a training and/or show proof of a QEW training completion within the last 5 years. DCYF staff are mandated to complete the ICW-QEW specific training.