{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1430.35","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1430.35","heading":"Emergencies - Investigations - Hearing","body":"A. Where a resident of a group home subject to the Group Homes\n\nfor Persons with Developmental or Physical Disabilities Act, a\n\nguardian or advocate of a resident, if any, or a resident's next of\n\nkin believes that an emergency exists, each of them, collectively or\n\nseparately, may file a verified statement with the Director of Human\n\nServices, or a designee, who shall immediately investigate. If the\n\nDirector, or a designee, determines that proper cause exists, the\n\nDirector, or a designee, shall take whatever steps are necessary to\n\nprotect the health, welfare and safety of the residents including,\n\nif necessary, petitioning the court to place the group home under\n\nthe control of a receiver to ensure that the residents receive\n\nadequate care.\n\nB. The court shall hold a hearing within five (5) days of the\n\nfiling of the petition. The petition and notice of the hearing\n\nshall be served on the provider or licensee or designated agent of\n\nthe provider or licensee and the petition and notice of hearing\n\nshall be posted in a conspicuous place in the group home not later\n\nthan three (3) days before the time specified for the hearing,\n\nunless a different time limit is fixed by order of the court. The\n\ncourt shall appoint a receiver for a limited time period, not to\n\nexceed one hundred eighty (180) days, which shall automatically\n\nterminate the receivership unless extended by the court, if it finds\n\nthat:\n\n1. The group home is operating without a license;\n\n2. The Department has suspended, revoked or refused to renew\n\nthe existing license of the provider or licensee;\n\n3. The group home is closing or has informed the Department\n\nthat it intends to close and adequate arrangements for relocation of\n\nresidents have not been made at least thirty (30) days prior to\n\nclosure;\n\n4. An emergency exists, whether or not the Department has\n\ninitiated revocation or nonrenewal procedures, if because of the\n\nunwillingness or inability of the provider or licensee to remedy the\n\nemergency, the appointment of a receiver is necessary; or\n\n5. It is necessary to ensure that the residents get adequate\n\ncare in a situation in which the health, welfare and safety of the\n\nresidents are threatened.\n\nC. If a petition filed under this section alleges that the\n\nconditions listed in subsection B of this section exist within a\n\ngroup home, the court may set the matter for hearing at the earliest\n\npossible time. The petitioner shall notify the provider of the\n\ngroup home or licensee or registered agent of the provider or\n\nlicensee more than five (5) days prior to the hearing. Any form of\n\nwritten notice may be used. A receivership shall not be established\n\nex parte by the court unless the Director of Human Services, under\n\noath, has provided a statement that such Director, or a designee,\n\nhas personally determined that there is a life-endangering\n\nsituation. A waiver of the five-day notice requirement may be\n\napproved by the court in life-endangering situations as determined\n\nand confirmed under oath, by the Director.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c0d18ba9177be61c8ef72d7040b2e7f9b1dc4520394e54fc6518e30dc089daf7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1430.34","next":"us-ok/okla.-stat.-tit.-10-10-1430.36"},"notice":"GroundRules: Original legal text. Not legal advice."}