Navajo Nation v. Dep't of Child Safety
Court of Appeals of Arizona
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
- Negonsott v. SamuelsSupreme Court of the United States · 1993
- Michael J., Jr. v. Michael J., Sr.Court of Appeals of Arizona · 2000
- Steven H. v. Arizona Department of Economic SecurityArizona Supreme Court · 2008
- Rachelle S. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 1998
- Valerie M. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Natasha S. v. Dep't of Child SafetyCourt of Appeals of Arizona · 2019