The ICWA requires expert witness testimony before the state court can order an involuntary foster care placement of a child or the termination of parental rights. The requirement of qualified expert witness testimony is met in every case involving an Indian child. No removal of an Indian child from the custody of his or her parents or placement in out-of-home care may be ordered in the absence of a determination, supported by “clear and convincing evidence,” including the testimony of a qualified expert witness, 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. Therefore, in the case of a child who is ICWA eligible, the testimony of an expert witness is required at the dispositional hearing. The letter sets out the scope and nature of the information the expert is to address, the standard of evidentiary proof, and expert qualification. [Download]