Nevada § 125E.330 - Qualified expert witnesses; supplemental testimony from certain professionals

§ 125E.330. Qualified expert witnesses; supplemental testimony from certain professionals

1. In any child custody proceeding involving an Indian child that requires the testimony

of a qualified expert witness, the petitioner shall contact the Indian child's tribe

and request that the tribe identify one or more persons meeting the criteria described

in subsection 3 or 4. The petitioner may also request the assistance of the United States Bureau of Indian

Affairs in locating persons meeting the criteria described in subsection 3 or 4. 2. At a hearing in a child custody proceeding, if the court has found that a child

is an Indian child, at least one qualified expert witness must testify regarding whether

the continued custody of the Indian child by the child's parent or custody by the

child's Indian custodian is likely to result in serious emotional or physical damage

to the Indian child. 3. A person is a qualified expert witness under this section if the Indian child's

tribe has designated the person as being qualified to testify to the prevailing social

and cultural standards of the tribe. 4. If the Indian child's tribe has not identified a qualified expert witness, the

following persons, in order of priority, may testify as a qualified expert witness: (a) A member of the Indian child's tribe or another person who is recognized by the

tribe as knowledgeable about tribal customs regarding family organization or child

rearing practices; (b) A person having substantial experience in the delivery of child and family services

to Indians and extensive knowledge of prevailing social and cultural standards and

child rearing practices within the Indian child's tribe; or (c) Any person having substantial experience in the delivery of child and family services

to Indians and knowledge of prevailing social and cultural standards and child rearing

practices in Indian tribes with cultural similarities to the child's tribe. 5. In addition to testimony from a qualified expert witness, the court may hear supplemental

testimony regarding information described in subsection 2 from a professional having

substantial education and experience in the area of the professional's specialty. 6. No petitioning party, employees of the petitioning party or an employee of an agency

may serve as a qualified expert witness or a professional under this section.