§ 23-14-57-1 — Requirements for disinterment

Indiana § 23-14-57-1

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 14: CEMETERY ASSOCIATIONS
• Ch. 57: Disinterment, Disentombment, and Disinurnment

Text

(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 Indiana 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 Indiana 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 Indiana department of health does not receive a
written objection to the proposed removal from the other
surviving parent.
(D) A guardian appointed by a court under IC 29-3-5-3.
(E) 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
(ii) the Indiana department of health does not receive a
written objection to the proposed removal from any other
surviving individual in the same degree of kinship.
(c) Before issuing a written authorization under subsection (b), the
Indiana department of health shall do the following:
(1) Obtain written evidence that a licensed funeral director has
agreed to:
(A) be present at the removal and at the reinterment,
reentombment, or reinurnment of the remains; and
(B) cause the completed order of the Indiana department of
health to be recorded in the office of the county recorder of the
county where the removal occurs.
(2) Obtain a copy of:
(A) the written consent required under subsection (b)(3); or
(B) a court order obtained by a person under subsection (d).
(d) If the written consent of an individual authorized under
subsection (b)(3) to give consent is not available, a person who has
made a request under this section to the Indiana department of health
may petition a court to determine whether to waive the consent
requirement of subsection (b)(3). In determining whether to waive the
requirement, the court shall consider the viewpoint of any issue (as
defined in IC 29-1-1-3) of the deceased. In a proceeding under this
subsection, the court may not order the disinterment, disentombment,
or disinurnment of the remains of a deceased human.
(e) This subsection applies only if the human remains are on
property owned or leased by a coal company. The remains, either
cremated or uncremated, of a deceased human may be removed from
a cemetery by a coal company if the coal company obtains a court order
authorizing the disinterment, disentombment, or disinurnment. Before
issuing a court order under this subsection, a court must conduct a
hearing and be satisfied as to the following:
(1) That the property is owned or leased by the coal company.
(2) That the coal company has obtained the written consent of an
individual authorized to give consent under subsection (b)(3). If
the consent of an individual authorized to give consent under
subsection (b)(3) is not available, the court may waive the
requirement after considering the viewpoint of any issue (as
defined in IC 29-1-1-3) of the deceased.
(3) That the department of natural resources, division of historic
preservation and archeology, has received at least five (5) days
written notice of the time, date, and place of any hearing under
this subsection. The notice must describe the proposed place from
which the remains will be removed.
(4) That a licensed funeral director has agreed to:
(A) be present at the removal and at the reinterment,
reentombment, or reinurnment of the remains; and
(B) cause the completed order of the Indiana department of
health to be recorded in the office of the county recorder of the
county where the removal occurs.
(5) That the coal company has caused a notice of the proposed
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 Indiana department of health may adopt rules under IC 4-22-2 to implement this section.

Legislative History

As added by P.L.52-1997, SEC.31. Amended by P.L.155-2002, SEC.11; P.L.113-2007, SEC.5; P.L.26-2021, SEC.3; P.L.56-2023, SEC.211.