Stuart v. State, Division for Children & Youth Services

The plaintiffs appeal from an order of the Superior Court (M. Flynn, J.), denying their petition for declaratory judgment and injunctive relief. The sole issue on appeal is whether the division for children and youth services (“DCYS”) must comply with statutory rulemaking procedures, prescribed by the New Hampshire Administrative Procedure Act (“APA”), before it can require applicants for foster care licenses, or persons seeking renewal of such licenses, to execute a declaration that neither they nor any other adult in their household are “homosexuals] within the statutory definition,” as a…