QUALIFIED EXPERT WITNESS
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- Tribe had exclusive jurisdiction.
- Tribal Court failed to transfer jurisdiction to Tribal Court when neither parent objected and there was not "good cause" to deny transfer.
- Child, Indian custodian or the Tribe was denied right to intervene at any point in the proceedings.
- Court failed to give full faith and credit to public acts, records or judicial proceedings of a Tribe.
- DHS or Court failed to give proper notice to parent, custodian, Tribe or BIA of their right to intervene.
- Proceedings took place too soon after Notice.
- Indigent parent or custodian not given court appointed counsel.
- Child not given court appointed attorney if such in best interests of child.
- Any party denied right to examine all reports or other documents filed with the Court.
- DHS failed to show active efforts to provide remedial services and rehabilitative programs designed to prevent family breakup and that these efforts were proven to be unsuccessful.
- Lack of qualified expert witness testimony that continued custody by parent or custodian is likely to result in serious emotional or physical damage to child.
- Incorrect "burden of proof" applied.
- Voluntary consent to placement improperly done: consent given prior to or within 10 days of birth; consent not in writing; consent not recorded in Court or accompanied by a Judge's certificate.
- Parent or guardian not allowed to withdraw consent to placement; child not returned to parent/guardian after consent withdrawn.
- Parent not allowed to withdraw consent to termination of parental rights or adoptive placement prior to entry of decree; child not returned to parent when consent withdrawn within 10 days or prior to entry of decree, whichever occurs later.
- Adoption decree not vacated if parent withdraws consent to adoption that was obtained through fraud or duress; child not returned to parent when consent withdrawn due to fraud or duress.