Section 630.769

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 1980   

  630.769.  Venue for appointment of receiver — copy of petition to be provided — hearing thereon within five days, determination within fifteen — court to appoint receiver if grounds exist. — Any petition for appointment of a receiver shall be verified and shall be accompanied by an affidavit or affidavits setting forth material facts showing there exists one or more of the conditions specified in section 198.099.  The petition shall be filed in the circuit court of Cole County or in the county where the residential facility is located.  If the petition is not filed by the attorney general, a copy of the petition shall be served upon the department and upon the attorney general.  The court shall hold a hearing on the petition within five days of the filing of the petition and determine the matter within fifteen days of the initial hearing.  The petition and notice of the hearing shall be served on the head of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the residential facility not later than three days before the time specified for the hearing, unless a different period is fixed by order of the court.  The court shall appoint the director of the department, or any person determined by the court to be qualified, to act as receiver if it finds that any ground exists which would authorize the appointment of a receiver under section 198.099, and that appointment of a receiver will contribute to the continuity of care or the orderly and safe transfer of residents in the facility.

­­--------

(L. 1980 H.B. 1724)