§ 131E‑234. Grounds for appointment oftemporary manager.
Upon a showing by the Department that one or more of the followinggrounds exist, the court may appoint a temporary manager for an initial periodof 30 days or the first review by a superior court judge pursuant to G.S. 131E‑243,whichever is longer:
(1) Conditions or a pattern of conditions exist in the long‑termcare facility that create a substantial risk of death or serious physical harmto residents or that death or serious physical harm has occurred, and it isprobable that the facility will not or cannot immediately remedy thoseconditions or pattern of conditions, or the facility has shown a pattern offailure to comply with applicable laws and rules and continues to fail tocomply;
(2) The long‑term care facility is operating without alicense;
(3) The license of the long‑term care facility has beenrevoked or the long‑term care facility is closing or intends to closeand: (i) adequate arrangements for relocating residents have not been made, or(ii) quick relocation would not be in the best interest of the residents; or
(4) A previous court order has been issued requiring therespondent to act or refrain from acting in a manner directly affecting thecare of the residents and the respondent has failed to comply with the courtorder. (1993, c. 390, s. 1; 1999‑334,s. 1.12.)
§ 131E‑234. Grounds for appointment oftemporary manager.
Upon a showing by the Department that one or more of the followinggrounds exist, the court may appoint a temporary manager for an initial periodof 30 days or the first review by a superior court judge pursuant to G.S. 131E‑243,whichever is longer:
(1) Conditions or a pattern of conditions exist in the long‑termcare facility that create a substantial risk of death or serious physical harmto residents or that death or serious physical harm has occurred, and it isprobable that the facility will not or cannot immediately remedy thoseconditions or pattern of conditions, or the facility has shown a pattern offailure to comply with applicable laws and rules and continues to fail tocomply;
(2) The long‑term care facility is operating without alicense;
(3) The license of the long‑term care facility has beenrevoked or the long‑term care facility is closing or intends to closeand: (i) adequate arrangements for relocating residents have not been made, or(ii) quick relocation would not be in the best interest of the residents; or
(4) A previous court order has been issued requiring therespondent to act or refrain from acting in a manner directly affecting thecare of the residents and the respondent has failed to comply with the courtorder. (1993, c. 390, s. 1; 1999‑334,s. 1.12.)
§ 131E‑234. Grounds for appointment oftemporary manager.
Upon a showing by the Department that one or more of the followinggrounds exist, the court may appoint a temporary manager for an initial periodof 30 days or the first review by a superior court judge pursuant to G.S. 131E‑243,whichever is longer:
(1) Conditions or a pattern of conditions exist in the long‑termcare facility that create a substantial risk of death or serious physical harmto residents or that death or serious physical harm has occurred, and it isprobable that the facility will not or cannot immediately remedy thoseconditions or pattern of conditions, or the facility has shown a pattern offailure to comply with applicable laws and rules and continues to fail tocomply;
(2) The long‑term care facility is operating without alicense;
(3) The license of the long‑term care facility has beenrevoked or the long‑term care facility is closing or intends to closeand: (i) adequate arrangements for relocating residents have not been made, or(ii) quick relocation would not be in the best interest of the residents; or
(4) A previous court order has been issued requiring therespondent to act or refrain from acting in a manner directly affecting thecare of the residents and the respondent has failed to comply with the courtorder. (1993, c. 390, s. 1; 1999‑334,s. 1.12.)
