What must be shown to remove a child from the custody of the parent or Indian custodian?
Section 1912(e) requires a showing that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The determination must be supported by clear and convincing evidence, including the testimony of qualified expert witnesses . . . . This burden includes a showing that the parents cannot be persuaded to change their behavior. Indian Child Custody Proceedings, 44 Fed. Reg. 67,584, 67,593 (Bureau of Indian Affairs Nov. 26, 1979) (guidelines for state courts); C.J. v. State, 18 P.3d 1214, 1218-19 (Alaska 2001) (reversing decision to terminate where conduct not shown to be likely to continue). See also FAQ 14.10, Expert Witness.
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