§ 12-135-302 — Exceptions - safe harbor

Colorado § 12-135-302

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Mortuary Science Code

Text

(1) If a crematory has acted in good
faith, the crematory may rely on a signed statement from a person with the right of
final disposition under section 15-19-106 that:

(a) The person knows of no document expressing the deceased person's
wishes for final disposition that qualifies to direct the final disposition under section
15-19-104;

(b) The person has made a reasonable effort under section 15-19-106 to
contact each person with the right of final disposition and to learn each person's
wishes; and

(c) The person knows of no objections to the final disposition.

(2) (a) (I) A crematory may dispose of cremains at the expense of the person
with the right of final disposition one hundred eighty days after cremation if the
person was given clear prior notice of this subsection (2)(a) and a reasonable
opportunity to collect the cremains, the exact location of the final disposition and
the costs associated with the final disposition are recorded, and the recovery of the
cremains is possible. Recovery of costs is limited to a reasonable amount of the
costs actually expended by the crematory.

(II) A crematory may comply with this subsection (2)(a) by transferring the
cremated remains and the records showing the funeral establishment and the
deceased's name, date of birth, and next of kin for final disposition to a facility or
place normally used for final disposition if the new custodian can comply with this
subsection (2)(a).

(III) If cremated remains are not claimed by the person with the right of final
disposition within three years after cremation, a crematory may dispose of the
remains in an unrecoverable manner by placing the remains in an ossuary or by
scattering the remains in a dedicated cemetery, scattering garden, or consecrated
ground used exclusively for these purposes.

(IV) The custodian is not liable for the loss or destruction of records required
to be kept by this subsection (2)(a) if the loss or destruction was not caused by the
custodian's negligence.

(b) If the deceased was cremated prior to July 1, 2003, and the crematory
reasonably attempts to notify the person with the right of final disposition of the
provisions of this subsection (2), the remains may be disposed of in accordance with
this subsection (2), notwithstanding a failure to provide the notice of the provisions
of this subsection (2) to the person with the right of final disposition prior to
disposing of the remains.

(3) (a) This part 3 shall not apply to, nor interfere with, any custom or rite of a
religious sect in the final disposition of its dead, and the members and followers of
the religious sect may continue to provide memorial services for, care for, prepare,
and cremate the bodies of deceased members of the religious sect if the human
remains are refrigerated, frozen, or cremated within seven days after death.

(b) If human remains are refrigerated pursuant to subsection (3)(a) of this
section, the body must be cremated within thirty days after death unless the
coroner authorizes otherwise in writing. The coroner shall not permit an exception
to this subsection (3)(b) unless the applicant can demonstrate a legitimate delay
caused by unforeseen, uncontrollable circumstances or by a criminal investigation.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 952, � 1, effective October 1. L. 2024: (1)(b) amended, (HB 24-1335), ch. 242, p. 1602, � 15, effective May 24.