tag:blogger.com,1999:blog-5077774759289052226.post1020622837878412997..comments2024-03-18T14:09:39.985-05:00Comments on Bench and Bar Experiences: The Indian Child Welfare Act in Children's Court ProceedingsJohn DiMottohttp://www.blogger.com/profile/15521940768659333581noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5077774759289052226.post-594356445501465812011-06-08T16:35:52.805-05:002011-06-08T16:35:52.805-05:00I had the pleasure of acting as the guardian ad li...I had the pleasure of acting as the guardian ad litem in a Termination of Parental Rights proceding in Milwaukee Children's Court in May of 2011. As set forth above, WICWA requires proof to the highest standard of proof that continued custody will result in harm to the child and that active efforts have been made to prevent the breakup of the Indian child's (nuclear?) family....active efforts include (at least?) the nine factors set forth above....the long and the short is that in my case the expert witness appeared by telephone, had only a minimal knowledge of the history or current status of the case, and was massively underprepared for the substantial burden of proof.....expert witnesses in such cases should be brought in person to testify before the jury and must be properly prepared to address the statutory criteria in the context of the indivdual case....otherwise the prosecution, as was the case in my case, will be lost...Best of luck...Attorney Ira B. BordowIra B. Bordownoreply@blogger.com