Doug Peterson

Nebraska Attorney General

AGO Response to Stewart v. Heineman Order

The Attorney General’s Office will file a motion requesting the Lancaster County District Court to reconsider its order issued on August 5, 2015 in Stewart v. Heineman. The State is concerned that the broad scope of the order requires DHHS to treat “unrelated, unmarried adults residing together” the same as individuals and married couples for foster care and adoptive child placements.

Child care placements by DHHS are a very complex and fact specific matter. The State of Nebraska has long recognized and implemented a policy of the best interests of a child, which should be the focus of any child placement. The scope of the Court’s order makes placements in the best interest of the child unnecessarily more difficult.