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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 10. CHILDREN

  § 10-1430.40. Termination of receivership.  

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  • A.  The court may terminate a receivership:

    1.  If the time period specified in the order appointing the receiver elapses and is not extended;

    2.  If the court determines that the receivership is no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department of Human Services issues the provider or licensee a new license, whether the structure of the group home, the right to operate the group home, or the land on which it is located is under the same or different ownership; or

    3.  If all of the residents in the group home have been transferred or discharged.

    B.  1.  Within thirty (30) days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.

    2.  If the operating funds exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the provider or licensee, after reimbursement of funds drawn from the contingency fund provided for in Section 1430.37 of this title.  If the operating funds are insufficient to cover the reasonable expenses of the receivership, the provider or licensee shall be liable for the deficiency.  Payment recovered from the provider or licensee shall be used to reimburse the contingency fund for amounts drawn by the receiver under Section 1430.37 of this title.

    3.  The Department shall have a lien for any payment made under Section 1430.37 of this title upon any beneficial interest, direct or indirect, of any owner in the following property:

    a.the building in which the group home is located,

    b.any fixtures, equipment or goods used in the operation of the group home,

    c.the land on which the group home is located, or

    d.the proceeds from any conveyance of property described in subparagraphs a, b or c above, made by the provider or licensee within one (1) year prior to the filing of the petition for receivership.

    4.  The receiver shall, within sixty (60) days after termination of the receivership, file a notice of any lien created under this section.  If the lien is on real property, the notice shall be filed with the county clerk.  If the lien is on personal property, the notice shall be filed with the Secretary of State.  The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed.  No lien shall exist under this act against any person, on any property, or for any amount not specified in the notice filed under this paragraph.

Added by Laws 1987, c. 225, § 40, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 39, eff. Nov. 1, 1996; Laws 1996, c. 354, § 39, eff. Nov. 1, 1996.  Renumbered from § 1-818.40 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.  Amended by Laws 2006, c. 137, § 28, eff. Nov. 1, 2006.