(1) The Director of Human Services may petition the circuit court for Marion County or for the county in which a facility is located for an order appointing a trustee to administer the facility for a period not to exceed 18 months.

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(2) The court shall hold a hearing on a petition filed under this section within 10 days of the filing of the petition. The petition shall be placed at the head of the docket.

(3) The petition and notice of the hearing shall be served on the licensee for the facility. Service at the facility to the individual in charge shall be considered service on the licensee.

(4) If the court determines at the hearing that grounds exist under ORS § 441.286 for the appointment of a trustee under this section, the court shall enter the order.

(5) If there exists a serious and immediate risk of harm or death to patients of a facility, the director may file with the petition described in subsection (1) of this section an ex parte motion for the preliminary appointment of a trustee. The motion shall be supported by affidavits demonstrating the qualifications of the proposed trustee and the need for an immediate appointment of a trustee to protect the patients prior to a hearing. If the court grants the motion for the preliminary appointment of a trustee, the court shall set a hearing on the merits of the petition within five judicial days. Pending the court’s order on the petition described in subsection (1) of this section, a preliminary trustee appointed pursuant to this subsection shall have all of the powers and duties described in ORS § 441.289. [1981 c.868 § 2; 1985 c.648 § 1; 1987 c.428 § 18; 2009 c.539 § 1]

[Amended by 1969 c.343 § 12; repealed by 1969 c.343 § 28; amended by 1969 c.669 § 8; 1973 c.796 § 61; renumbered 440.330]