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OMNI BEHAVIORAL HEALTH v. NEBRASKA FOSTER CARE REVIEW BD.

No. S-08-332.

764 N.W.2d 398 (2009)

277 Neb. 641

OMNI BEHAVIORAL HEALTH, a Nebraska corporation, on behalf of itself and all of its clients, et al., Appellants, v. NEBRASKA FOSTER CARE REVIEW BOARD, an administrative agency of the State of Nebraska, et al., Appellees.

Supreme Court of Nebraska.

April 23, 2009.

Attorney(s) appearing for the Case

William G. Dittrick and Jennifer D. Tricker, of Baird Holm, L.L.P., Omaha, and Morgan P. Kelly, for appellants.

Jon Bruning, Attorney General, and Frederick J. Coffman, Lincoln, for appellees.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

A provision of Nebraska's Foster Care Review Act1 authorizes the State Foster Care Review Board (the State Board) to visit and observe foster care facilities to ascertain whether they are meeting the needs of foster children. OMNI Behavioral Health (OMNI) and David and Wendy Krom operate foster care facilities in Nebraska. They brought this action for declaratory and injunctive relief, contending that warrantless home visits...

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