E.M. v. Health & Human Services

Additional Case Names
Perez v. Health and Human Services

Marroquin v. Health and Human Services

 
Case Number(s)
S-18-1146)
S-18-1147)
S-18-1148)
Case Audio
Call Date
Case Time
Court Number
Lancaster
Case Location
Lincoln
Court Type
District Court
Case Summary

S-18-1146, 1147, 1148 E.M. v. Nebraska Department of Health and Human Services, et al./ Perez v. Nebraska Health and Human Services, et al./ Marroquin v. Nebraska Department of Health and Human Services, et al.

Lancaster County District Court, Judge Kevin R. McManaman

Attorneys: Allison Derr, Robert McEwen, Sarah Helvey (Nebraska Appleseed), Mindy Rush Chipman (Immigrant Legal Center) (counsel for consolidated Appellants) --- Douglas J. Peterson Ryan C. Gilbride (Office of the Attorney General, for Appellees)

Civil: Administrative Procedure Act; Extended foster care program; Bridge to Independence

Proceedings below: The trial court affirmed the Department’s denial of each of the consolidated Appellants’ applications for participation in the Bridge to Independence program. 

Issues: Whether the trial court erred in 1) determining that citizenship or immigration status is relevant to eligibility for participation in Nebraska’s extended foster care program; 2) affirming the Department’s determination that the consolidated Appellant’s are not eligible to participate in the Bridge to Independence program because each Appellant is not a citizen or “qualified alien;” and 3) failing to strike down 395 Neb. Admin. Code 10-003.02 for violating the Separation of Powers Clause of the Nebraska Constitution, by adding a citizenship or immigration status requirement to eligibility for participation in the program, contrary to the Young Adult Bridge to Independence Act.

 

Schedule Code
SC