Knowledge of Native Culture in Expert Witness Testimony
[摘要] expert witness qualificationIndian Child Welfare ActNative culturepresent danger to self/othersKnowledge of Alaska Native Culture Not Relevant under ICWA to Qualify Expert Witness Regarding Determination of a Minor's Present Danger to Self/OthersIn In re April S., 467 P.3d 1091(Alaska 2020), April S. appealed a superior court of Alaska's decision on the basis that it had erred, under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901–1963 (1978), in allowing expert witness testimony by a therapist who did not have specific knowledge of her Native culture. The superior court found that knowledge of Native culture was irrelevant when assessing if a minor with mental illness was safe at home. The Alaska Supreme Court affirmed the superior court's ruling.
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[效力级别] [学科分类] 儿科学
[关键词] expert witness qualification;Indian Child Welfare Act;Native culture;present danger to self/others [时效性]