§ 1030.1. Petition
Oklahoma Statutes AnnotatedTitle 56. Poor PersonsEffective: November 1, 2019
Effective: November 1, 2019
56 Okl.St.Ann. § 1030.1
§ 1030.1. Petition
A. The Department of Human Services may, upon its own initiative or at the request of an owner, operator or resident of any agency providing residential services to individuals with intellectual disabilities, or at the request of a resident's guardian or relative, petition the court to appoint a receiver to take possession of and operate an agency providing residential services, except a facility subject to the provisions of the Nursing Home Care Act.1 When requested to file a petition, the Department of Human Services shall determine if proper cause exists, and shall take whatever steps are necessary to protect the health, welfare and safety of residents including, if necessary, petitioning the court to place the agency under the control of a receiver to ensure that the residents receive adequate care.
B. Upon the filing of a petition by the Department of Human Services, subject to other provisions of this article, a court may appoint a receiver to take possession of and operate an agency licensed by or contracting with the Department of Human Services or the Oklahoma Health Care Authority to provide community residential supports to individuals with developmental or intellectual disabilities when there is actual, imminent or substantial risk of serious physical or mental harm or death to residents, and no other remedies at law are adequate to protect the health, safety and welfare of the residents.
E. No party, attorney, or person interested in an action shall be appointed a receiver pursuant to this section. To assist the court in identifying persons qualified to be named as receivers, the Director of the Department of Human Services or the Director's designee shall maintain a list of the names of such persons that the court may consider.
Credits
Laws 1997, c. 407, § 15, eff. Nov. 1, 1997; Laws 2019, c. 475, § 38, eff. Nov. 1, 2019.
Footnotes
Title 63, § 1-1901 et seq.
56 Okl. St. Ann. § 1030.1, OK ST T. 56 § 1030.1
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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