|
|
|
IC 23-14-57-1
Requirements for disinterment
Sec. 1. (a) As used in this section, "removal" or "removed" refers
to the disinterment, disentombment, or disinurnment of the remains
of a deceased human.
(b) Except as provided in subsection (e) and sections 4 and 5 of
this chapter, the remains, either cremated or uncremated, of a
deceased human shall not be removed from a cemetery without:
(1) a written order:
(A) that is issued by the state department of health; and
(B) that authorizes the removal of the deceased's remains;
(2) the written consent of:
(A) the owner of the cemetery; or
(B) the owner's representative; and
(3) the written consent of a person or persons referred to in one
(1) of the following clauses, which are listed according to
priority:
(A) The individual who was the spouse of the deceased at
the time of the deceased's death.
(B) The surviving adult child of the deceased. If there is
more than one (1) surviving adult child of the deceased, the
requirement for written consent under this subdivision is
satisfied if:
(i) any one (1) of the surviving adult children provides
written consent to the removal of the deceased's remains;
(ii) the consent provided under item (i) confirms that all
other surviving adult children of the deceased have been
notified of the proposed removal of the deceased's
remains; and
(iii) the state department of health does not receive a
written objection to the proposed removal from any of the
deceased's surviving adult children.
(C) The surviving parent of the deceased. If the deceased is
survived by both parents, the requirement for written consent
under this subdivision is satisfied if:
(i) either surviving parent provides written consent to the
removal of the deceased's remains; and
(ii) the state department of health does not receive a
written objection to the proposed removal from the other
surviving parent.
(D) The individual in the next degree of kinship to the
deceased under IC 29-1-2-1. If more than one (1) individual
of the same degree of kinship is surviving, the requirement
for written consent under this subdivision is satisfied if:
(i) any individual of that degree of kinship provides
written consent to the removal of the deceased's remains;
and
removal to be published at least five (5) days before the hearing
in a newspaper of general circulation in the county where the
removal will occur.
(6) That the coal company will notify the department of natural
resources, division of historic preservation and archeology, after
the hearing of the proposed time and date when the remains will
be removed.
(f) A:
(1) licensed funeral director; or
(2) cemetery owner;
is not liable in an action brought by any person because of the
removal of a deceased's remains under a written consent described in
subsection (b)(3) or (e)(2) unless the licensed funeral director or the
cemetery owner had actual notice before or at the time of the removal
that a representation made in the consent described in subsection
(b)(3) or (e)(2) was untrue.
(g) The state department of health may adopt rules under
IC 4-22-2 to implement this section.
As added by P.L.52-1997, SEC.31. Amended by P.L.155-2002,
SEC.11; P.L.113-2007, SEC.5.
IC 23-14-57-2
Orders authorizing removal of human remains
Sec. 2. (a) When the state department of health issues a written
order authorizing the removal of human remains from a cemetery, it
shall issue the order in duplicate.
(b) The state department of health shall deliver one (1) copy of the
order to the cemetery from which the human remains are removed
and the other copy of the order to the cemetery to which the human
remains are delivered for reinterment, reentombment, or reinurnment.
(c) Each cemetery to which a copy of an order is delivered under
subsection (b) shall retain the copy of the order permanently.
As added by P.L.52-1997, SEC.31.
IC 23-14-57-3
Removal of human remains for nonpayment; liability of owner
Sec. 3. (a) This chapter does not prohibit:
(1) the removal of human remains by a cemetery owner from a
plot, building, or structure for which the purchase price is past
due and unpaid; and
(2) the reinterment, reentombment, or reinurnment of the
remains in some other suitable plot in the cemetery.
(b) For a removal and reinterment, reentombment, or reinurnment
(at the discretion of the cemetery owner) referred to in subsection
(a), the cemetery owner is not liable in any action unless the owner
fails to exercise reasonable care in the removal or reinterment,
reentombment, or reinurnment. There is a rebuttable presumption
that the owner exercised reasonable care in the removal or
reinterment, reentombment, or reinurnment.
As added by P.L.52-1997, SEC.31.
IC 23-14-57-5
Removal for autopsy or reinterment
Sec. 5. (a) The remains of a deceased human interred, entombed,
or inurned in a plot in a cemetery may be removed from the plot for
the purpose of autopsy or reinterment, reentombment, or reinurnment
in another cemetery with:
(1) the consent of the owner of the cemetery; and
(2) the written consent of an individual authorized to give
consent under section 1(b)(3) of this chapter.
(b) If the consent of:
(1) the owner of the cemetery; or
(2) a person from whom consent is required under subsection
(a)(2);
cannot be obtained, the remains of a deceased human can be removed
for the purpose of autopsy or reinterment, reentombment, or
reinurnment in another cemetery only under a judgment of the circuit
or superior court with jurisdiction in the county in which the
cemetery is located.
As added by P.L.52-1997, SEC.31. Amended by P.L.113-2007,
SEC.6.
IC 23-14-57-6
Payment of costs and expenses
Sec. 6. Before any disinterment, disentombment, or disinurnment
may take place under this chapter, the reasonable costs and expenses
of the disinterment, disentombment, or disinurnment, including
attorney's fees, must be paid by the person or persons applying for
the disinterment, disentombment, or disinurnment.
As added by P.L.52-1997, SEC.31.
IC 23-14-57-7
Violation of chapter; Class B misdemeanor
Sec. 7. A person who knowingly violates this chapter commits a
Class B misdemeanor.
As added by P.L.52-1997, SEC.31.
IC 23-14-57-8
Liability of cemetery owner
Sec. 8. The owner of a cemetery is not liable in any action for a
removal or reinterment, reentombment, or reinurnment described in
this chapter unless the owner fails to exercise reasonable care in the
removal or reinterment, reentombment, or reinurnment. There is a
rebuttable presumption that the owner exercised reasonable care in
the removal or reinterment, reentombment, or reinurnment.
As added by P.L.52-1997, SEC.31.