House Journal: Page 1402: Monday, April 23, 2001
42 facility in compliance with this chapter and the rules
43 adopted under this chapter, but shall be accountable
44 to the court for management of the child care home's
45 or facility's financial resources.
46 (3) A receivership established under this
47 paragraph "d" may be terminated by the district court
48 which established it, after a hearing upon an
49 application for termination.
50 (4) Payment of the expenses of a receivership
Page 3
1 established under this paragraph "d" is the
2 responsibility of the child care home or facility for
3 which the receiver is appointed, unless the court
4 directs otherwise. The expenses include, but are not
5 limited to:
6 (a) Salary of the receiver.
7 (b) Expenses incurred for the continued child care
8 services.
9 (c) Expenses incurred for the maintenance of
10 buildings and grounds of the child care home or
11 facility.
12 (d) Expenses incurred in the ordinary course of
13 business, such as employee salaries and accounts
14 payable.
15 (5) The receiver is not personally liable for the
16 expenses of the child care home or facility during the
17 receivership. The receiver is an employee of the
18 state as defined in section 669.2, subsection 4, only
19 for the purpose of defending a claim filed against the
20 receiver. Chapter 669 applies to all suits filed
21 against the receiver.
22 (6) This lettered paragraph "d" does not do any of
23 the following:
24 (a) Preclude the sale or lease of a child care
25 home or facility while the child care home or facility
26 is in receivership, provided these actions are not
27 taken without approval of the receiver.
28 (b) Affect the civil or criminal liability of the
29 owner of the child care home or facility placed in
30 receivership, for any acts or omissions of the owner
31 which occurred before the receiver was appointed.
32 Sec. . SUBSEQUENT OFFENSES. For the purposes
33 of administering section 237A.29, subsection 2, as
34 enacted by this Act, if a person with a controlling
35 interest in a child care home or facility or an
36 employee of a child care home or facility assigned
37 financial management responsibilities for the child
38 care home or facility was found in a criminal
39 proceeding to have obtained by fraudulent means during
40 the two-year period preceding July 1, 2001, public
© 2001 Cornell College and
League of Women Voters of Iowa
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