§ 23-17.11-5 - Notification of closure – Appointment of receiver.
SECTION 23-17.11-5
§ 23-17.11-5 Notification of closure– Appointment of receiver. – (a) Whenever the department shall receive notification that the closure of afacility is imminent, the director shall petition the superior court for theappointment of a receiver, unless the director shall specifically determine andfind that adequate and sufficient arrangements have been made by the ownerand/or management of the facility:
(1) To accomplish the safe and orderly removal and placementof all residents of the facility; and
(2) To safeguard the health, safety, and well-being of allresidents of the facility.
(b) The court shall appoint a receiver if it determines thatthe appointment of a receiver is necessary or appropriate to the safe andorderly removal and placement of the persons and/or to the protection of thehealth, safety, and well-being of the persons. The court may, as it deemsnecessary or appropriate to accomplish the purposes of this chapter, conferupon any receiver appointed under this section any or all of the followingpowers:
(1) All power under common law and the laws of this state andthe rules of its courts regarding receiverships generally;
(2) The power to effectuate the safe and orderly removal andplacement of all residents of the facility in a manner which will not bedetrimental to the health and safety of the persons; and/or
(3) The power to continue to operate the facility for thebenefit of the residents of the facility until the safe and orderly removal andplacement of all residents of the facility have been accomplished.
(c) Every plan for removal of persons from a facility shallbe subject to approval by the court.
(d) Upon the removal of the last resident from a facility,the licensee shall forfeit his or her license to operate the facility.