A. The Department of Human Services may place an employee or agent to serve as a monitor at a provider agency or licensee subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act or may petition the district court for appointment of a receiver for a provider or licensee, or both, when any of the following conditions exist:

1. The group home is operating without a license;

2. The Department has suspended, revoked or refused to renew the existing license of the provider or licensee;

3. The provider or licensee has closed or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least thirty (30) days prior to closure; or

4. The Department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the provider or licensee to remedy the emergency the Department believes a monitor or receiver is necessary.

B. In any situation described in subsection A of this section, the Department may place a qualified person to act as monitor at the provider agency or licensee. The monitor shall observe the operation of the provider agency or licensee, assist the provider or licensee by advising it on how to comply with the state rules promulgated by the Commission for Human Services and shall report periodically to the Department on the operation of the provider agency or licensee.

Added by Laws 1987, c. 225, § 34, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 34, eff. Nov. 1, 1996; Laws 1996, c. 354, § 34, eff. Nov. 1, 1996. Renumbered from § 1-818.34 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 25, eff. Nov. 1, 2006.