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Court Upholds Foster Care Warrantless Home Visits

(CN) - The Nebraska Foster Care Review Board did not violate the Constitution with warrantless home visits to foster care facilities, the Nebraska Supreme Court ruled.

OMNI Behavioral Health sought an injunction to stop the visits, claiming that the review board had not establish rules to limit the time, manner and scope of the visits. OMNI said this violated its rights under the Fourth and 14th amendments to the federal and state Constitutions.

The lower court granted summary judgment for the review board, and Justice Stephan affirmed the decision.

"The state has a special need," Stephan wrote, "to visit foster care facilities arising from its obligation to see that children entrusted to its legal custody are receiving proper and appropriate foster care."

While the reasonableness of each individual may vary, Stephan upheld the summary judgment, noting that no specific visit was at issue in this case.

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