Oklahoma § 10-1430.40 - Termination of receivership

§ 10-1430.40. Termination of receivership

A. The court may terminate a receivership:

1. If the time period specified in the order appointing the

receiver elapses and is not extended;

2. If the court determines that the receivership is no longer

necessary because the conditions which gave rise to the receivership

no longer exist; or the Department of Human Services issues the

provider or licensee a new license, whether the structure of the

group home, the right to operate the group home, or the land on

which it is located is under the same or different ownership; or

3. If all of the residents in the group home have been

transferred or discharged.

B. 1. Within thirty (30) days after termination, the receiver

shall give the court a complete accounting of all property of which

the receiver has taken possession, of all funds collected, and of

the expenses of the receivership.

2. If the operating funds exceed the reasonable expenses of the

receivership, the court shall order payment of the surplus to the

provider or licensee, after reimbursement of funds drawn from the

contingency fund provided for in Section 1430.37 of this title. If

the operating funds are insufficient to cover the reasonable

expenses of the receivership, the provider or licensee shall be

liable for the deficiency. Payment recovered from the provider or

licensee shall be used to reimburse the contingency fund for amounts

drawn by the receiver under Section 1430.37 of this title.

3. The Department shall have a lien for any payment made under

Section 1430.37 of this title upon any beneficial interest, direct

or indirect, of any owner in the following property:

a.

the building in which the group home is located,

b.

any fixtures, equipment or goods used in the operation

of the group home,

c.

the land on which the group home is located, or

d.

the proceeds from any conveyance of property described

in subparagraphs a, b or c above, made by the provider

or licensee within one (1) year prior to the filing of

the petition for receivership.

4. The receiver shall, within sixty (60) days after termination

of the receivership, file a notice of any lien created under this

section. If the lien is on real property, the notice shall be filed

with the county clerk. If the lien is on personal property, the

Oklahoma Statutes - Title 10. Children

notice shall be filed with the Secretary of State. The notice shall

specify the name of the person against whom the lien is claimed, the

name of the receiver, the dates of the petition for receivership and

the termination of receivership, a description of the property

involved and the amount claimed. No lien shall exist under this act

against any person, on any property, or for any amount not specified

in the notice filed under this paragraph.

Added by Laws 1987, c. 225, § 40, eff. July 1, 1987. Amended by

Laws 1996, c. 155, § 39, eff. Nov. 1, 1996; Laws 1996, c. 354, § 39,

eff. Nov. 1, 1996. Renumbered from § 1-818.40 of Title 63 by Laws

1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c.

137, § 28, eff. Nov. 1, 2006.