What Is a Qualified Expert Witness (QEW) and Why Does It Matter?
Understanding the Role and Importance of QEWs in Protecting Indigenous Families
When a child welfare case involves a Native American child, the stakes are higher than many realize.
At the heart of protecting Indigenous families and communities is the Indian Child Welfare Act (ICWA) — a federal law created to prevent the unnecessary separation of Native children from their families, cultures, and tribal nations.
One of the critical protections built into ICWA is the requirement for a Qualified Expert Witness (QEW) to be involved before certain decisions — like foster care placement or termination of parental rights — can move forward.
But what exactly is a QEW, and why does it matter so much?
What Is a Qualified Expert Witness (QEW)?
A Qualified Expert Witness is someone who has specialized knowledge of Native American child-rearing practices, family dynamics, tribal customs, and the impact of removal from a cultural perspective.
A QEW is asked to provide an independent opinion to the court about:
Whether active efforts were made to prevent the breakup of the family
Whether continued custody by the parent or Indian custodian is likely to result in serious emotional or physical harm to the child
A QEW must have expertise beyond the normal social worker or child welfare professional — including cultural, historical, and systemic understanding of Indigenous communities.
Why Does Having a QEW Matter?
1. Centering Cultural Knowledge
Indigenous families have distinct child-rearing practices, extended family systems, and ways of relating that may not fit mainstream child welfare assumptions.
A QEW brings that cultural lens into the courtroom — making sure decisions are based on a full understanding, not stereotypes or misunderstandings.
2. Guarding Against Unjust Removal
ICWA was created because Native children were, for decades, removed from their homes at alarming rates — often without real justification.
A QEW’s testimony acts as a critical safeguard to ensure children aren’t removed without clear, culturally informed, and legally grounded reasons.
3. Supporting Tribal Sovereignty
By requiring a culturally knowledgeable expert, ICWA upholds the right of tribal nations to be involved in decisions about their children — reinforcing sovereignty and honoring the inherent authority tribes hold over their youth and families.
4. Building Stronger, Fairer Systems
Having a QEW involved improves the quality of child welfare decision-making.
It helps systems move beyond technical compliance and toward practices rooted in respect, understanding, and healing.
Final Thoughts
Serving as a Qualified Expert Witness is not just about offering testimony — it’s about standing in protection of culture, connection, and the future of Indigenous families.
When done well, QEW work helps create outcomes that are more just, more humane, and more aligned with the spirit of ICWA.
At Bagamii-ayaa Consulting, I am honored to offer QEW services that reflect deep cultural knowledge, professional expertise, and a commitment to honoring Indigenous families and communities.
Interested in learning more or partnering for QEW services?
