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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1060
Introduced by Murman, 38; Clements, 2; Lonowski, 33; Sorrentino, 39;
Storm, 23.
Read first time January 14, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to children and families; to adopt the Child1
Placement Services Preservation Act; and to provide severability.2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 7 of this act shall be known and may be1
cited as the Child Placement Services Preservation Act.2
Sec. 2. The Legislature finds and declares that:3
(1) The State of Nebraska has a critical need to find and retain4
safe, loving, and supportive homes for children, especially because the5
number of children needing foster care and adoption placement outnumber6
the homes available for placement; 7
(2) In order to serve the best interests of the children of this8
state, the State of Nebraska has a longstanding public-private9
partnership with a diverse group of faith-based and non-faith-based10
organizations that work side by side to find and retain safe, loving, and11
supportive homes for children. Significantly, faith-based organizations12
have a lengthy history of providing child placement services which13
predates government involvement; 14
(3) Having as many qualified child-placing agencies in Nebraska as15
possible is a substantial benefit to the children of Nebraska who are in16
need of these placement services and to all of the citizens of Nebraska17
because the more qualified agencies taking part in this process there18
are, the greater the likelihood that permanent placement can be achieved19
for each child; and 20
(4) In order to preserve the support that child-placing agencies21
offer children and families, the government should not take adverse22
action against child-placing agencies based on their sincerely held23
religious beliefs. 24
Sec. 3. For purposes of the Child Placement Services Preservation25
Act: 26
(1) Adverse action includes, but is not limited to, denying a child-27
placing agency's application for funding, refusing to renew an agency's28
funding, canceling an agency's funding, declining to enter into a29
contract with an agency, refusing to renew a contract with an agency,30
canceling a contract with an agency, denying issuance of a license to an31
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agency, refusing to renew an agency's license, canceling an agency's1
license, taking an enforcement action against an agency, treating an2
agency less favorably than similarly situated agencies in regard to3
participation in a government program, or taking any other action that4
materially alters the terms or conditions of an agency's funding,5
contract, or license; 6
(2) Child placement service means arranging the placement of7
children with foster care and adoptive parents, including placement,8
promoting foster care and adoption, and recruiting, screening, and9
training the foster care and adoptive parents; 10
(3) Child-placing agency or agency has the same meaning as in11
section 71-1926; 12
(4) Department means the Department of Health and Human Services;13
and 14
(5) State includes the state, its agencies, and its political15
subdivisions. 16
Sec. 4. (1) To the fullest extent permitted by state and federal17
law, a child-placing agency shall not be required to provide or18
facilitate any child placement service if the service conflicts with, or19
provide or facilitate any child placement service under circumstances20
that conflict with, the child-placing agency's sincerely held religious21
beliefs. 22
(2) If a child-placing agency declines to provide or facilitate any23
child placement service under subsection (1) of this section, the child-24
placing agency shall promptly provide the person seeking such service25
with at least one of the following: 26
(a) Contact information for another child-placing agency that is27
capable of providing the declined service; 28
(b) A list of other child-placing agencies capable of providing the29
declined service which includes contact information for such agencies; or30
(c) A link to a web page on the department's web site that includes31
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a list of other child-placing agencies capable of providing the declined1
service and contact information for the agencies. 2
Sec. 5. To the fullest extent permitted by state and federal law,3
the state shall not take an adverse action against a child-placing agency4
because the agency declines to provide or facilitate a child placement5
service that conflicts with the child-placing agency's sincerely held6
religious beliefs. 7
Sec. 6. A child-placing agency aggrieved by a violation of section8
5 of this act may assert that violation as a defense in any9
administrative or judicial proceeding. 10
Sec. 7. The Child Placement Services Preservation Act shall be11
construed liberally so as to effectuate its purposes.12
Sec. 8. If any section in this act or any part of any section is13
declared invalid or unconstitutional, the declaration shall not affect14
the validity or constitutionality of the remaining portions.15
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