In the Matter of Candance A.
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The superior court adjudicated Candace as a child in need of aid because she had been sexually abused by her adoptive brother. The superior court nonetheless ordered that Candace be returned to her parents' home, holding that the Department of Health and Social Services, Office of Children's Services (OCS), had failed to present "qualified expert testimony" as required by the Indian Child Welfare Act (ICWA) to support a finding that she would likely suffer serious physical or emotional harm in her parents' custody. After review of the case, the Alaska Supreme Court concluded that the superior court's failure to accept OCS's proposed expert witnesses as qualified was error, and therefore vacated the order placing Candace with her parents.
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