{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-1030.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-1030.1","heading":"Petition","body":"A. The Department of Human Services may, upon its own\n\ninitiative or at the request of an owner, operator or resident of\n\nany agency providing residential services to individuals with\n\nintellectual disabilities, or at the request of a resident's\n\nguardian or relative, petition the court to appoint a receiver to\n\ntake possession of and operate an agency providing residential\n\nservices, except a facility subject to the provisions of the Nursing\n\nHome Care Act. When requested to file a petition, the Department of\n\nHuman Services shall determine if proper cause exists, and shall\n\ntake whatever steps are necessary to protect the health, welfare and\n\nsafety of residents including, if necessary, petitioning the court\n\nto place the agency under the control of a receiver to ensure that\n\nthe residents receive adequate care.\n\nB. Upon the filing of a petition by the Department of Human\n\nServices, subject to other provisions of this article, a court may\n\nappoint a receiver to take possession of and operate an agency\n\nlicensed by or contracting with the Department of Human Services or\n\nthe Oklahoma Health Care Authority to provide community residential\n\nsupports to individuals with developmental or intellectual\n\ndisabilities when there is actual, imminent or substantial risk of\n\nserious physical or mental harm or death to residents, and no other\n\nremedies at law are adequate to protect the health, safety and\n\nwelfare of the residents.\n\nC. Conditions and factors which may result in mental or\n\nphysical harm or death, or risk of harm or death, as described in\n\nsubsection B of this section include, but are not limited to,\n\ninstances when any of the following occur:\n\n1. The residential agency has violated, or has demonstrated a\n\npattern and practice of repeated violations of, state or federal\n\nlaw, rule or regulation which affect health and safety;\n\n2. The residential agency is in the process of terminating\n\nservices or intends to cease operations, and arrangements for\n\nrelocating residents are dangerously inadequate; or\n\n3. The residential agency is insolvent as defined in subsection\n\nC of Section 1030.2 of this title, and a receivership is necessary\n\nto protect the health and safety of the residents.\n\nD. Petitions filed pursuant to this section shall include the\n\nfollowing:\n\n1. A description of the specific conditions, conduct, or\n\noccurrences existing at the agency which have resulted in serious\n\nphysical or mental harm or death or which present a substantial risk\n\nof serious physical or mental harm or death to residents;\n\n2. A statement explaining why other remedies of law are\n\ninadequate;\n\n3. The number of individuals receiving residential services\n\nfrom the agency who have been seriously harmed or died, or are at\n\nsubstantial risk of such harm or death;\n\n4. A statement that the facts have been brought to the\n\nattention of the owner or administrator and that conditions have not\n\nbeen remedied within a reasonable period of time or that the\n\nconditions, though remedied periodically, habitually exist at the\n\nagency as a pattern or practice;\n\n5. The name and address of the persons holding a contract for\n\nthe agency or serving as the duly authorized agent of the contract\n\nand the address of a designated representative for the Director of\n\nthe Department of Human Services and the Administrator of the\n\nOklahoma Health Care Authority; and\n\n6. A listing of any other reasons that may apply as set forth\n\nin this subsection.\n\nE. No party, attorney, or person interested in an action shall\n\nbe appointed a receiver pursuant to this section. To assist the\n\ncourt in identifying persons qualified to be named as receivers, the\n\nDirector of the Department of Human Services or the Director's\n\ndesignee shall maintain a list of the names of such persons that the\n\ncourt may consider.\n\nF. The court may award to a residential agency appropriate\nattorney, or person interested in an action shall\n\nbe appointed a receiver pursuant to this section. To assist the\n\ncourt in identifying persons qualified to be named as receivers, the\n\nDirector of the Department of Human Services or the Director's\n\ndesignee shall maintain a list of the names of such persons that the\n\ncourt may consider.\n\nF. The court may award to a residential agency appropriate\n\ncosts and expenses, including reasonable attorney fees, if the court\n\ndetermines that a petitioner has initiated a proceeding in bad faith\n\nor merely for the purpose of harassing or embarrassing the\n\nresidential agency.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5f9b924efc362820bd31862268ff6f13bba3796a72fcb3130075a4a6de89dc84","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-1026.1","next":"us-ok/okla.-stat.-tit.-56-56-1030.2"},"notice":"GroundRules: Original legal text. Not legal advice."}