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KANSAS: In re M.F.
02.18.2010 | Termination of Parental Rights
The Supreme Court of the state of Kansas affirmed the court of appeal’s order reversing the district court’s judgment terminating appellant-mother’s parental rights, finding that the district court failed to comply with the heightened expert witness guidelines under the Indian Child Welfare Act (ICWA). The court concluded that under ICWA there is a heightened requirement for expert witnesses beyond those normally required and that district courts should look to the Bureau of Indian Affairs’ guidelines when determining if the witness meets the heightened standard, concluding that failure to adhere to the heightened standards is not harmless error.
Cite: No. 100,845; 2010 Kan. LEXIS 98 (Kan. Feb. 5, 2010)
Link to Full Opinion
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