Oklahoma § 56-1030.1 - Petition

§ 56-1030.1. 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. 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.

C. Conditions and factors which may result in mental or

physical harm or death, or risk of harm or death, as described in

subsection B of this section include, but are not limited to,

instances when any of the following occur:

1. The residential agency has violated, or has demonstrated a

pattern and practice of repeated violations of, state or federal

law, rule or regulation which affect health and safety;

2. The residential agency is in the process of terminating

services or intends to cease operations, and arrangements for

relocating residents are dangerously inadequate; or

3. The residential agency is insolvent as defined in subsection

C of Section 1030.2 of this title, and a receivership is necessary

to protect the health and safety of the residents.

D. Petitions filed pursuant to this section shall include the

following:

1. A description of the specific conditions, conduct, or

occurrences existing at the agency which have resulted in serious

physical or mental harm or death or which present a substantial risk

of serious physical or mental harm or death to residents;

2. A statement explaining why other remedies of law are

inadequate;

Oklahoma Statutes - Title 56. Poor Persons

3. The number of individuals receiving residential services

from the agency who have been seriously harmed or died, or are at

substantial risk of such harm or death;

4. A statement that the facts have been brought to the

attention of the owner or administrator and that conditions have not

been remedied within a reasonable period of time or that the

conditions, though remedied periodically, habitually exist at the

agency as a pattern or practice;

5. The name and address of the persons holding a contract for

the agency or serving as the duly authorized agent of the contract

and the address of a designated representative for the Director of

the Department of Human Services and the Administrator of the

Oklahoma Health Care Authority; and

6. A listing of any other reasons that may apply as set forth

in this subsection.

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.

F. The court may award to a residential agency appropriate

costs and expenses, including reasonable attorney fees, if the court

determines that a petitioner has initiated a proceeding in bad faith

or merely for the purpose of harassing or embarrassing the

residential agency.

Added by Laws 1997, c. 407, § 15, eff. Nov. 1, 1997. Amended by

Laws 2019, c. 475, § 38, eff. Nov. 1, 2019.