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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

previous next Effective - 28 Aug 1980bottom

  630.772.  Emergency procedure. — If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause to believe that an emergency exists in the residential facility, the court shall immediately issue the requested order for appointment of a receiver, ex parte and without further hearing.  Notice of the petition and order shall be served on the head of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the facility within twenty-four hours after issuance of the order.  If the petition is not filed by the attorney general, a copy of the petition shall be served on the department and upon the attorney general.  A hearing on the petition shall be held within three days after notice is served or posted unless the head of the facility consents to a later date.  After the hearing, the court may terminate, continue or modify the temporary order.

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(L. 1980 H.B. 1724)


---- end of effective   28 Aug 1980 ----

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