The Nebraska Department of Health and Human Services announced Wednesday afternoon it is appealing a juvenile court judge's ruling that seven children from one family abandoned last week be sent back to foster care.

Gary Staton left nine children, ranging in age from one to 17, at Creighton University Medical Center last week under Nebraska's Safe Haven Law.

Seven of the nine have been staying with a great aunt in Lincoln, but a juvenile court judge ruled Wednesday morning that they be removed and sent back to foster care in Omaha.

Later in the day, HHS said it would appeal the decision. "We believe it is in the best interests of these children to stay together and live with a relative in Lincoln who cares about them,” HHS director Todd Landry said in a written statement. “They are happy to be together with family."

"That's where we think these kids can thrive best," said Landry. "We are working very closely with the with the relative who is caring for these kids in order to make sure that they have all the appropriate furnishings for the home."

"They're just happy to be together,” agreed grandmother Joanne Manzer. "They're kids. It's like my sister, my brother and they're happy and they're happy with who they're with."

"I can't fault the judge for what she did, but I don't like what she did because it was disrupting the kids again,” said grandfather Jack Manzer. "If they can stay right where they're at it does better for them again, so I'd like to see it stay that way."

Judge Elizabeth Crnkovich said the aunt given temporary custody was not properly set up to care for the children. Some were sharing beds, while others slept on air mattresses. The children also had not been enrolled in school.

The children are in a two-bedroom home. Family members say they now have all of the extra beds the judge required. They also are planning to move into a four-bedroom home soon.

“I think we might have rushed this a bit," said child advocate attorney Tom Incontro. "I think it's important to have children placed with family. However, I think in this case we hurried up and got that done and didn't put in place the things that the kids need."

"These kids need long-term solutions, they need permanency, they need to know where they're going to be and what bed they're going to sleep in,” said Incontro.

Two of the nine, the oldest children, chose not to go to their great aunt's house, opting to stay in Omaha with relatives so they could keep going to their school.

"The children may have been better off not moving as quickly,” said Voices For Children's Kathy Bigsby Moore, who questions why the relative's home wasn't checked more thoroughly in the first place.

"Any move is difficult for a child and moves that are very crisis-driven are even more traumatic."

For now, other legal issues are on hold while the court tries to locate Staton. Judge Crnkovich continued the case for a week, saying at some point “we need to proceed to determine whether he neglected his children by following the law or protected his children by following the law."

Staton does not face any criminal charges. "He did what he did and now we're gonna work together with family and get them out of the system and home where they belong," said Joanne Manzer.

An appeal hearing has not been set, nor has there been a hearing on whether or not Staton's parental rights will be terminated.