1. (1) For a court to order foster care placement in a child custody proceeding involving an Indian child:

   1. (a) The court must find by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that the Indian child's continued custody by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and
   2. (b) The court must determine that the evidence required by subsection (1)(a) of this section shows a causal relationship between the particular conditions in the Indian child's domicile or residence and the likelihood that the continued custody of the Indian child in that domicile or residence will result in serious emotional or physical damage to the Indian child who is the subject of the child custody proceeding.
2. (2) Without a causal relationship shown pursuant to subsection (1)(b) of this section, if the evidence shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior, such evidence does not by itself constitute the clear and convincing evidence required for a finding that continued custody is likely to result in serious emotional or physical damage to the Indian child.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1811, § 2, effective August 6.