Legal Opinion

Navajo Nation v. Dep't of Child Safety

Court of Appeals of Arizona

Decided April 18, 2019No. 1 CA-JV 18-0276PublishedCited by 1 opinion

1Opinion of the Court

HOWE, Judge:

¶1 The Navajo Nation appeals the juvenile court's order appointing a permanent guardian for a child subject to the Indian Child Welfare Act ("ICWA") without the testimony of a qualified expert witness that the parent's or the Indian-relative custodian's continued custody would likely result in serious emotional or physical damage to the child. We hold that ICWA applies to guardianships and that it requires a qualified expert witness to provide this testimony. Because such testimony was not provided in this case, we vacate the juvenile court's order and remand the case for a new…

2Cases cited7 opinions

  1. Negonsott v. SamuelsSupreme Court of the United States · 1993
  2. Michael J., Jr. v. Michael J., Sr.Court of Appeals of Arizona · 2000
  3. Steven H. v. Arizona Department of Economic SecurityArizona Supreme Court · 2008
  4. Rachelle S. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 1998
  5. Valerie M. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2008

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3Cited by1 opinion

  1. Natasha S. v. Dep't of Child SafetyCourt of Appeals of Arizona · 2019

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