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House Journal: Page 1401: Monday, April 23, 2001

43 employment prohibitions to be addressed without
44 interrupting the provision of child care and for
45 requiring, as a condition of providing public funding,
46 that a child care home or facility at which an offense
47 described in this paragraph "b" occurred must submit
48 periodic financial audits to the department."
49 3. Page 1, by inserting after line 31, the
50 following:

Page 2

1 "d. If the director determines that the
2 ineligibility of a child care home or facility to
3 receive public funding pursuant to paragraph "b" will
4 cause the provision of child care services by that
5 home or facility to be interrupted or to become no
6 longer available, the director may file a verified
7 application in the district court of the county in
8 which the child care home or facility is located,
9 requesting that an individual nominated by the
10 director be appointed as receiver for the child care
11 home or facility until continuation of the child care
12 services is assured.
13 (1) The court shall expeditiously hold a hearing
14 on the application, at which the director shall
15 present evidence in support of the application. The
16 owner of the child care home or facility against which
17 the application is filed may also present evidence,
18 and both parties may subpoena witnesses. The court
19 may appoint a receiver for the child care home or
20 facility in advance of the hearing if the director's
21 verified application states that an emergency exists
22 in which closure of the child care home or facility is
23 imminent. If the owner against whose facility the
24 receivership application is filed informs the court at
25 or before the time set for the hearing that the owner
26 does not object to the application, the court shall
27 waive the hearing and at once appoint a receiver for
28 the child care home or facility.
29 (2) The court, on the basis of the verified
30 application and evidence presented at the hearing, may
31 order the child care home or facility placed under
32 receivership, and if so ordered, the court shall
33 direct either that the receiver assume the duties of
34 administrator of the child care home or facility or
35 that the receiver supervise the child care home's or
36 facility's administrator in conducting the day-to-day
37 business of the child care home or facility. The
38 receiver shall be empowered to control the child care
39 home's or facility's financial resources and to apply
40 its revenues as the receiver deems necessary to
41 continue the operation of the child care home or


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