{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-1030.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-1030.4","heading":"Oath and bond - Powers and duties of receiver - Court","body":"approval of certain expenditures required - Termination of\n\nreceivership - Technical assistance.\n\nA. Before a receiver is appointed, a nominee shall be sworn to\n\nfaithfully perform the duties of a receiver. At the initial\n\nhearing, the receiver shall seek and obtain court approval of one or\n\nmore sureties and shall execute a bond in such amount as the court\n\nshall direct.\n\nB. In establishing a receivership, the court shall set forth\n\nthe powers and duties of the receiver. The court shall authorize\n\nthe receiver to do all that is prudent and necessary to protect the\n\nhealth, safety and welfare of all persons served by the agency and\n\nto efficiently administer residential services within the\n\nrequirements of state and federal law, relevant policy, and the\n\nagency's contracts with the Department of Human Services and the\n\nOklahoma Health Care Authority. These powers and duties shall\n\ninclude those generally ascribed to receivers and may also include\n\nthe powers and duties of trustees under the U.S. Bankruptcy Code, as\n\namended. In addition to the powers specified by this section, the\n\ncourt shall authorize the receiver to:\n\n1. Honor all leases, mortgages and secured transactions\n\ngoverning all buildings, goods and fixtures of which the receiver\n\nhas taken possession and continues to use, but, in the case of a\n\nrental agreement, only to the extent of payments that are for the\n\nuse of the property during the period of the receivership, or, in\n\nthe case of a purchase agreement, only to the extent of payments\n\nthat are received during the period of the receivership;\n\n2. If transfer of residents is necessary, provide for the\n\norderly transfer of residents by doing the following:\n\na. cooperate with all appropriate state and local\n\nagencies in carrying out the transfer of residents to\n\nalternative community placements,\n\nb. arrange for the transportation of residents'\n\nbelongings and records,\n\nc. help to locate alternative placements and develop\n\ndischarge plans,\n\nd. prepare residents for the trauma of discharge, and\n\ne. permit residents or guardians to participate in\n\ntransfer or discharge planning except when an\n\nemergency exists and immediate transfer is necessary;\n\n3. Make periodic reports on the status of the residential\n\nprogram to the appropriate state agency, parents, guardians, and\n\nresidents;\n\n4. Compromise demands or claims with prior notice to the\n\nDepartment of Human Services and the Oklahoma Health Care Authority,\n\nsubject to approval by the court; and\n\n5. Subject to the supervision and control of the court, bring\n\nand defend actions in the receiver's name, in the official capacity\n\nas receiver, and take and keep possession of property.\n\nC. The court shall require the receiver to obtain court\n\napproval prior to making any single expenditure of more than Five\n\nThousand Dollars ($5,000.00) to correct deficiencies in the\n\nstructure or furnishings of residences supported by an agency. The\n\ncourt shall require regular and detailed reports including a final\n\nreport. The receivership shall be reviewed at least every sixty\nn of property.\n\nC. The court shall require the receiver to obtain court\n\napproval prior to making any single expenditure of more than Five\n\nThousand Dollars ($5,000.00) to correct deficiencies in the\n\nstructure or furnishings of residences supported by an agency. The\n\ncourt shall require regular and detailed reports including a final\n\nreport. The receivership shall be reviewed at least every sixty\n\n(60) days.\n\nD. Upon motion by the receiver, the Department of Human\n\nServices or other interested party, a receivership established\n\npursuant to this section may be terminated by the court, and the\n\nreceiver discharged, following notification of the appropriate\n\nparties and interested persons and a hearing, if the court\n\ndetermines the following:\n\n1. The residential agency and owners have ceased operations and\n\nthe former residents have been relocated to an appropriate service\n\nsetting; or\n\n2. Circumstances no longer exist at the agency that present a\n\nsubstantial risk of physical or mental harm or death to residents,\n\nand there is no deficiency in the agency that is likely to create\n\nsuch risk of harm or death.\n\nE. Upon motion of the receiver, the Department of Human\n\nServices or other interested party, the court may, during the\n\nhearing to consider termination of the receivership and discharge of\n\nthe receiver, approve the return of control of the agency,\n\ncorporation, or assets to the original owner or approve the sale of\n\nthe same to a new owner. The Department of Human Services, the\n\nOklahoma Health Care Authority, all other interested parties, and\n\nother persons with a known interest in the proceedings shall receive\n\nwritten notice from the receiver of such hearing.\n\nF. The Department of Human Services and the Oklahoma Health\n\nCare Authority shall provide technical assistance to any receiver\n\nappointed pursuant to this section.","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":"652dbfd12894853e4c4c7aff76e5dd1bcaf5dea86a37ffbf3e10f9c0de5d14d2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-1030.3","next":"us-ok/okla.-stat.-tit.-56-56-111"},"notice":"GroundRules: Original legal text. Not legal advice."}