Section 1430.35 - Emergencies - Investigations - HearingA. 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 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; or5. 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.Okla. Stat. tit. 10, § 1430.35
Added by Laws 1987, HB 1460, c. 225, § 35, emerg. eff. 7/1/1987; Amended by Laws 1994, HB 2591, c. 236, § 17, eff. 9/1/1994; Amended by Laws 1996, SB 1097, c. 155, § 35, eff. 11/1/1996; Amended by Laws 1996, HB 2964, c. 354, § 35, eff. 11/1/1996; Renumbered from 63 O.S. § 1-818.35 by Laws 1996, HB 2964, c. 354, § 56, eff. 11/1/1996; Amended by Laws 2006 , HB 2592, c. 137, §26, eff. 11/1/2006.