Terms Used In Missouri Laws 630.769

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Department: the department of mental health of the state of Missouri. See Missouri Laws 630.005
  • Director: the director of the department of mental health, or his designee. See Missouri Laws 630.005
  • Head of the facility: the chief administrative officer, or his designee, of any residential facility. See Missouri Laws 630.005
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • 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

Any petition for appointment of a receiver shall be verified and shall be accompanied by an affidavit or affidavits setting forth material facts showing there exists one or more of the conditions specified in section 198.099. The petition shall be filed in the circuit court of Cole County or in the county where the residential facility is located. If the petition is not filed by the attorney general, a copy of the petition shall be served upon the department and upon the attorney general. The court shall hold a hearing on the petition within five days of the filing of the petition and determine the matter within fifteen days of the initial hearing. The petition and notice of the hearing shall be served on the head of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the residential facility not later than three days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint the director of the department, or any person determined by the court to be qualified, to act as receiver if it finds that any ground exists which would authorize the appointment of a receiver under section 198.099, and that appointment of a receiver will contribute to the continuity of care or the orderly and safe transfer of residents in the facility.