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CA R INYO SUPER CT Rule 2.14
Superior Court of California, County of Inyo, Local Rules of Court, Rule 2.14
Central California Local Court Rules
Inyo County
Superior Court
Superior Court of California County of Inyo Local Rules of Court
Article II. General Rules

Rule 2.14. Indian Child Welfare Act (ICWA) Experts Identification and Access to Records

(a) The provisions of this rule shall apply in all cases involving an Indian child, including dependency, delinquency, family law, and guardianship proceedings, wherein the testimony of a qualified expert is required to comply with the provisions of 25 U.S.C. § 1901 et seq.; California Rules of Court, rules 5.480 through 5.487; Welfare and Institutions Code §§ 110, 224-224.6, 290.1, 290.2, 291-295, 297, 305.5, 306.6, 317, 360.6, 361, 361.31, 361.7, 366, 366.26, 727.4, 10553.1, and 16507.4; and/or other applicable provision of law or rule of court.

(b) Subject to the provisions of subdivision (c) of this rule, an "ICWA expert" as defined in subdivision (a), shall have the right to examine and review, in preparation for testifying, the juvenile case file of the Indian child or children about whom the expert will testify. The ICWA Expert shall otherwise strictly maintain the confidentiality of the information contained in the juvenile case file.

(c) Prior to the disclosure, examination, or review of the juvenile case file, any party intending to call an ICWA Expert, shall give notice to the Court and all parties to the action of the identity of the ICWA Expert, and shall provide a resume or other reasonable statement setting forth the ICWA Expert's qualifications. Within ten (10) days of receipt of said notice, the Court on its own motion, or any party may notice a hearing to determine whether the intended ICWA Expert is a "qualified expert," and/or to seek orders limiting the ICWA Expert's access to confidential information. If such a motion is timely filed, no confidential information shall be disclosed to the ICWA Expert, nor shall the ICWA Expert have access to, review, or examine the juvenile case file pending further order of the court. If no such motion is filed within ten (10) days of receipt of the notice and statement of qualification by the court and all parties, the ICWA Expert may review and examine the juvenile case as provided in subdivision (b) of this rule.

CREDIT(S)

Eff. July 1, 2010.

Inyo County Superior Court Rules, Rule 2.14, CA R INYO SUPER CT Rule 2.14

Current with amendments received through 3/1/2011                              

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