When the department has revoked the license of a treatment or care center, or when the operator of a center has requested, the department may file a petition with the district court to place the center under the control of a receiver if necessary to protect the health or safety of clients at the center. The court may grant the petition upon a finding that the health or safety of the clients at the center would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue. Such a finding may be based upon evidence concerning the physical plant, the program and services offered by the center, but not solely upon evidence that a center:

Terms Used In North Dakota Code 25-16.1-02

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

1.    Has been denied a license to operate as a center, or has had a previously issued license revoked; or

2.    Has been denied certification as an intermediate care facility for individuals with intellectual disabilities, or has lost or had revoked such certification.