Missouri Laws 630.763 – Receiver may be requested, by whom, when
The attorney general, either on his own initiative or upon the request of the department or of any other state governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a residential facility or the head of a facility may petition for appointment of a receiver for such facility when any of the following conditions exist:
(1) The facility is being operated without a license;
Terms Used In Missouri Laws 630.763
- Department: the department of mental health of the state of Missouri. See Missouri Laws 630.005
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Resident: a person receiving residential services from a facility, other than mental health facility, operated, funded or licensed by the department. See Missouri Laws 630.005
- Residential facility: any premises where residential prevention, evaluation, care, treatment, habilitation or rehabilitation is provided for persons affected by mental disorders, mental illness, intellectual disability, developmental disabilities or alcohol or drug abuse. See Missouri Laws 630.005
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) The department has revoked the license of the facility or refused to grant an application for a license for the facility;
(3) The department has initiated revocation procedures and has determined that the lives, health, safety, or welfare of the residents cannot be adequately assured pending a full hearing on license revocation;
(4) The facility is closing or intends to close and adequate arrangements for relocation of residents have not been made at least thirty days prior to closure;
(5) An emergency exists in the facility;
(6) The licensee is insolvent; or
(7) An owner of the land or structure is insolvent and such insolvency substantially affects the operation of the facility.