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County approves $113,756 ICWA expert-witness funding and contract with Luke Yellow Robe
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Summary
Minnehaha County authorized a cooperative agreement with the South Dakota Department of Social Services to receive up to $113,756 to reimburse Qualified Expert Witness services for ICWA cases and approved a $113,756 contract with Luke Yellow Robe to provide those services for June 1, 2020–May 31, 2021.
The Minnehaha County Commission on June 30 authorized a cooperative funding agreement with the South Dakota Department of Social Services and approved a contract with Luke Yellow Robe to provide Qualified Expert Witness services required under the Indian Child Welfare Act (ICWA).
Senior Deputy State’s Attorney Drew DeGroot told the commission the state agreement will reimburse the county for expert-witness services used in abuse and neglect court proceedings involving Native American children. The cooperative agreement runs June 1, 2020 through May 31, 2021, with the State providing four quarterly payments totaling not to exceed $113,756.00 for all cases during the period.
The commission then authorized the State’s Attorney to sign a Contract for Professional Services with Luke Yellow Robe to provide the Qualified Expert Witness service for the same term and amount; motions approving the cooperative agreement and the contract passed (5 ayes).
Why it matters: ICWA requires testimony from a qualified expert witness in certain proceedings involving Native American children; the state reimbursement agreement covers payment to ensure those services are available to the court.
Implementation details: the county will receive quarterly state payments and make contract payments to the expert in accordance with the cooperative agreement. The agreement and contract are effective June 1, 2020–May 31, 2021.