Oklahoma § 10-1430.35 - Emergencies - Investigations - Hearing

§ 10-1430.35. Emergencies - Investigations - Hearing

A. Where a resident of a group home subject to the Group Homes

for Persons with Developmental or Physical Disabilities Act, a

guardian or advocate of a resident, if any, or a resident's next of

kin believes that an emergency exists, each of them, collectively or

separately, may file a verified statement with the Director of Human

Services, or a designee, who shall immediately investigate. If the

Director, or a designee, determines that proper cause exists, the

Director, or a designee, shall take whatever steps are necessary to

protect the health, welfare and safety of the residents including,

if necessary, petitioning the court to place the group home under

the control of a receiver to ensure that the residents receive

adequate care.

B. The court shall hold a hearing within five (5) days of the

filing of the petition. The petition and notice of the hearing

Oklahoma Statutes - Title 10. Children

shall be served on the provider or licensee or designated agent of

the provider or licensee and the petition and notice of hearing

shall be posted in a conspicuous place in the group home not later

than three (3) days before the time specified for the hearing,

unless a different time limit is fixed by order of the court. The

court shall appoint a receiver for a limited time period, not to

exceed one hundred eighty (180) days, which shall automatically

terminate the receivership unless extended by the court, if it finds

that:

1. The group home is operating without a license;

2. The Department has suspended, revoked or refused to renew

the existing license of the provider or licensee;

3. The group home is closing or has informed the Department

that it intends to close and adequate arrangements for relocation of

residents have not been made at least thirty (30) days prior to

closure;

4. An emergency exists, whether or not the Department has

initiated revocation or nonrenewal procedures, if because of the

unwillingness or inability of the provider or licensee to remedy the

emergency, the appointment of a receiver is necessary; or

5. It is necessary to ensure that the residents get adequate

care in a situation in which the health, welfare and safety of the

residents are threatened.

C. If a petition filed under this section alleges that the

conditions listed in subsection B of this section exist within a

group home, the court may set the matter for hearing at the earliest

possible time. The petitioner shall notify the provider of the

group home or licensee or registered agent of the provider or

licensee more than five (5) days prior to the hearing. Any form of

written notice may be used. A receivership shall not be established

ex parte by the court unless the Director of Human Services, under

oath, has provided a statement that such Director, or a designee,

has personally determined that there is a life-endangering

situation. A waiver of the five-day notice requirement may be

approved by the court in life-endangering situations as determined

and confirmed under oath, by the Director.

Added by Laws 1987, c. 225, § 35, eff. July 1, 1987. Amended by

Laws 1994, c. 236, § 17, eff. Sept. 1, 1994; Laws 1996, c. 155, §

35, eff. Nov. 1, 1996; Laws 1996, c. 354, § 35, eff. Nov. 1, 1996.

Renumbered from § 1-818.35 of Title 63 by Laws 1996, c. 354, § 56,

eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 26, eff. Nov. 1,

2006.