JOHNSEN v. STATE

No. S-03-1319.

697 N.W.2d 237 (2005)

269 Neb. 790

Kendra JOHNSEN and Jamie Koch, individually and on behalf of all others similarly situated, appellants, and Jamie Longwell, appellee, v. STATE of Nebraska et al., appellees.

Supreme Court of Nebraska.

May 13, 2005.


Attorney(s) appearing for the Case

Rebecca L. Gould, of Nebraska Appleseed Center for Law in the Public Interest, Welfare Due Process Project, for appellants.

Jon Bruning, Attorney General, Royce N. Harper, and Mike Rumbaugh, Special Assistant Attorney General, for appellees.

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


CONNOLLY, J.

Neb.Rev.Stat. §§ 68-1202 to 68-1210 (Reissue 2003) allow the State to subsidize certain social services, including childcare. Acting under the auspices of these statutes, the Nebraska Department of Health and Human Services (DHHS) has created the "Child Care Subsidy Program." In 2002, DHHS adopted new regulations that would require that a family have income of less than 120 percent of the federal poverty level to be eligible for the Child Care...

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