The Indian Child Welfare Act (ICWA) of 1978 says that a Qualified Expert Witness (QEW) must give testimony in Indian child custody proceedings. A QEW can testify to whether continued parental or Indian custodial custody is likely to result in serious emotional or physical damage to their children and there is reason to know children are or may be Indian children.
The Office of Tribal Relations (OTR) helps Tribes manage their own Indian Child Welfare programs and works with tribes to find and support QEWs.
What do QEWs provide?
OTR contracts with QEWs to help DCYF follow state and federal ICWA laws. Tribes or individuals with knowledge and experience can become QEWs. A QEW may testify for a Tribe that is unknown, multiple Tribes, or closely located Tribes with similar traditions and culture.
Who can be a QEW?
- Tribal elders or leaders
- Tribal members or descendants
- Tribal community members
- Professionals with experience working in Tribal communities
- People with strong knowledge of Native culture, traditions, and child-rearing practices
- Approved DCYF staff
When do QEWs testify?
In Washington state, a QEW should testify as early as possible—ideally at the 30-day shelter care hearing—and no later than the dependency fact-finding, dependency disposition, guardianship, and termination of parental rights.
Courts may also ask for QEW input on:
- Active efforts/outcomes
- Placement preference followed
- Change of placement
- Change of Permanency plan
- Cultural or social context to prevent bias
QEWs help the court understand Native traditions and values so decisions are culturally respectful.
Where do QEWs testify?
QEWs testify in courts across Washington state. Most courts allow QEWs to appear virtually.
Contract and Training Information
Some Washington Tribes provide QEWs through a memorandum of agreement (MOA). A QEW can also be chosen by a Tribe directly. All contracted QEWs must complete QEW training or show proof of finishing it within the last five years. DCYF staff are also required to complete special ICW-QEW training.
