Viva G. v. Department of Family and Community Services, Office of Children's Services

Summary

The court held that the cultural expert testimony supporting termination of Viva's parental rights was legally insufficient under ICWA because it did not connect the parents' specific conduct to the Tribe's social and cultural standards. General testimony about substance abuse, cooperation, and child safety did not establish beyond a reasonable doubt that continued custody would likely cause serious harm. The court therefore reversed and remanded the termination order.