State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-235

§ 131E‑235. Alternative to appointment of temporary manager.

(a)        After the hearing described in G.S. 131E‑233(b), ifthe court finds that the evidence warrants the granting of the relief soughtand the respondent applies to the court for permission to promptly remove orremedy the conditions or pattern specified in the petition and demonstrates theability to promptly undertake and complete the removal or remedying of suchconditions or pattern, the court, in lieu of appointing a temporary manager,may issue an order permitting the respondent to remove or remedy the conditionsin accordance with a time schedule and subject to conditions determined by thecourt, including the posting of security for the performance of the work as maybe fixed by the court.

(b)        If, after entry of an order pursuant to subsection (a) ofthis section, it appears that the respondent is not proceeding in accordancewith the court's order in removing or remedying the conditions found by thecourt to exist, the Department, upon notice to the respondent, may move thecourt for an order appointing a temporary manager pursuant to the court'sfindings at the original hearing. If upon hearing the matter, the court findsthat the respondent is not proceeding in accordance with the court's order, thecourt may appoint a temporary manager as authorized by G.S. 131E‑234.  Ifthe respondent has posted security to ensure removal or remedying of theconditions found by the court, the security or any part of the security as isnecessary may be used by the temporary manager to remedy the conditions.  (1993, c. 390, s. 1.)