N.D. Cent. Code § 25-16.1-02

Current through the 2023 Legislative Sessions

Section 25-16.1-02 - Conditions for appointment of receiver

When the department has revoked the license of a treatment or care center, or when the operator of a center has requested, the department may file a petition with the district court to place the center under the control of a receiver if necessary to protect the health or safety of clients at the center. The court may grant the petition upon a finding that the health or safety of the clients at the center would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue. Such a finding may be based upon evidence concerning the physical plant, the program and services offered by the center, but not solely upon evidence that a center:

1. Has been denied a license to operate as a center, or has had a previously issued license revoked; or

2. Has been denied certification as an intermediate care facility for individuals with intellectual disabilities, or has lost or had revoked such certification.

N.D.C.C. § 25-16.1-02

Amended by S.L. 2011, ch. 207 (SB 2142),§ 16, eff. 8/1/2011.