Bill would add 'fictive kin' to kin searches in foster‑care removals to expand placement options

Health and Human Services Committee, Nebraska Legislature · January 28, 2026

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Summary

Sen. Brad Von Gillern’s LB928 would require DHHS to identify and notify 'fictive kin'—trusted non‑relatives—within 30 days of a child’s removal to increase family‑like placements. Supporters cited better outcomes for kin placements; DHHS urged clear standards and reasonable good‑faith efforts to make the requirement workable.

Sen. Brad Von Gillern introduced LB928 to expand the statutory definition of kin to include "fictive kin"—non‑relatives who have a significant, trusting relationship with a child—so DHHS would be required to identify and attempt to notify them within 30 days of removal. The sponsor said the change aims to increase permanency and reduce placements in congregate or out‑of‑state care.

Monica Gross, executive director of the Foster Care Review Office, told the committee kinship placements deliver better outcomes across measures including school stability and lower placement instability; she said Nebraska’s family‑finding infrastructure already contemplates inclusion of supportive non‑relatives and that LB928 would align statute with best practice.

Voices for Children and other supporters urged inclusion to reflect children's lived networks, especially for communities relying on chosen family. DHHS testified neutrally that the department already conducts relative searches but cautioned that fictive‑kin identification is subjective, could be resource intensive, and recommended clear standards and "reasonable good‑faith efforts" rather than an open‑ended exhaustive search.

Committee members and the sponsor discussed operational questions—how to define fictive kin, how to vet and locate such adults and when the search could be considered complete. The sponsor said he would work with DHHS and the Foster Care Review Office to develop amendments establishing measurable steps and exceptions.

The hearing generated discussion of placement data and outcomes; no vote was taken and the bill's authors signaled follow‑up amendments.