Legal Opinion
Oliver N. v. Department of Health
Alaska Supreme Court
Decided July 5, 2019No. Supreme Court No. S-17067; Supreme Court No. S-17158PublishedCited by 6 opinions
1Per curiam
I. INTRODUCTION
In these separate appeals, consolidated for decision, the question we must decide is whether new federal regulations have materially changed the qualifications required of an expert testifying in a child in need of aid (CINA) case involving children subject to the Indian Child Welfare Act (ICWA). We conclude that they have.
To support the termination of parental rights, ICWA requires the "testimony of qualified expert witnesses ... that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child."1…
2Cases cited8 opinions
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Marcia v. v. StateAlaska Supreme Court · 2009
- Bob S. v. State, Department of Health & Social Services, Office of Children's ServicesAlaska Supreme Court · 2017
- Diana P. v. State, Department of Health & Social Services, Office of Children's ServicesAlaska Supreme Court · 2015
- In re CandaceAlaska Supreme Court · 2014
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State of Alaska, DHSS, OCS v. C.A. (Mother) and B.R. (Father), State of Alaska, DHSS, OCS v. L.S. (Mother) and M.D. (Father)Alaska Supreme Court · 2022
- In the Matter of April S., a MinorAlaska Supreme Court · 2020
- State Ex Rel. CYFD v. Douglas B. and State Ex Rel. CYFD v. Sara E.New Mexico Court of Appeals · 2021
- Laura J. O'Brien v. Francis X. Delaplain, Kassandra Spencer, Kenneth M. O'Brien, Willis A. Ehlers, and the Central Council of Tlingit and Haida Indian Tribes of AlaskaAlaska Supreme Court · 2024
- Ruby C. v. Department of Family & Community ServicesAlaska Supreme Court · 2026
1 more not listed; retrieve them via the Exa API.