CHAPTER 57. DISINTERMENT, DISENTOMBMENT, AND DISINURNMENT
IC 23-14-57
Chapter 57. Disinterment, Disentombment, and Disinurnment
IC 23-14-57-1
Requirements for disinterment
Sec. 1. (a) As used in this section, "removal" or "removed" refersto the disinterment, disentombment, or disinurnment of the remainsof a deceased human.
(b) Except as provided in subsection (e) and sections 4 and 5 ofthis chapter, the remains, either cremated or uncremated, of adeceased 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 topriority:
(A) The individual who was the spouse of the deceased atthe time of the deceased's death.
(B) The surviving adult child of the deceased. If there ismore than one (1) surviving adult child of the deceased, therequirement for written consent under this subdivision issatisfied if:
(i) any one (1) of the surviving adult children provideswritten consent to the removal of the deceased's remains;
(ii) the consent provided under item (i) confirms that allother surviving adult children of the deceased have beennotified of the proposed removal of the deceased'sremains; and
(iii) the state department of health does not receive awritten objection to the proposed removal from any of thedeceased's surviving adult children.
(C) The surviving parent of the deceased. If the deceased issurvived by both parents, the requirement for written consentunder this subdivision is satisfied if:
(i) either surviving parent provides written consent to theremoval of the deceased's remains; and
(ii) the state department of health does not receive awritten objection to the proposed removal from the othersurviving parent.
(D) The individual in the next degree of kinship to thedeceased under IC 29-1-2-1. If more than one (1) individualof the same degree of kinship is surviving, the requirementfor written consent under this subdivision is satisfied if:
(i) any individual of that degree of kinship provideswritten consent to the removal of the deceased's remains;and (ii) the state department of health does not receive awritten objection to the proposed removal from any othersurviving individual in the same degree of kinship.
(c) Before issuing a written authorization under subsection (b), thestate department of health shall do the following:
(1) Obtain written evidence that a licensed funeral director hasagreed 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 state department ofhealth to be recorded in the office of the county recorder ofthe 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 undersubsection (b)(3) to give consent is not available, a person who hasmade a request under this section to the state department of healthmay petition a court to determine whether to waive the consentrequirement of subsection (b)(3). In determining whether to waivethe requirement, the court shall consider the viewpoint of any issue(as defined in IC 29-1-1-3) of the deceased. In a proceeding underthis 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 onproperty owned or leased by a coal company. The remains, eithercremated or uncremated, of a deceased human may be removed froma cemetery by a coal company if the coal company obtains a courtorder authorizing the disinterment, disentombment, or disinurnment.Before issuing a court order under this subsection, a court mustconduct 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 ofan individual authorized to give consent under subsection(b)(3). If the consent of an individual authorized to give consentunder subsection (b)(3) is not available, the court may waive therequirement after considering the viewpoint of any issue (asdefined in IC 29-1-1-3) of the deceased.
(3) That the department of natural resources, division of historicpreservation and archeology, has received at least five (5) dayswritten notice of the time, date, and place of any hearing underthis subsection. The notice must describe the proposed placefrom 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 state department ofhealth to be recorded in the office of the county recorder ofthe 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 hearingin a newspaper of general circulation in the county where theremoval will occur.
(6) That the coal company will notify the department of naturalresources, division of historic preservation and archeology, afterthe hearing of the proposed time and date when the remains willbe removed.
(f) A:
(1) licensed funeral director; or
(2) cemetery owner;
is not liable in an action brought by any person because of theremoval of a deceased's remains under a written consent described insubsection (b)(3) or (e)(2) unless the licensed funeral director or thecemetery owner had actual notice before or at the time of the removalthat 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 underIC 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 writtenorder authorizing the removal of human remains from a cemetery, itshall issue the order in duplicate.
(b) The state department of health shall deliver one (1) copy of theorder to the cemetery from which the human remains are removedand the other copy of the order to the cemetery to which the humanremains are delivered for reinterment, reentombment, or reinurnment.
(c) Each cemetery to which a copy of an order is delivered undersubsection (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 aplot, building, or structure for which the purchase price is pastdue and unpaid; and
(2) the reinterment, reentombment, or reinurnment of theremains 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 ownerfails to exercise reasonable care in the removal or reinterment,reentombment, or reinurnment. There is a rebuttable presumptionthat the owner exercised reasonable care in the removal orreinterment, reentombment, or reinurnment.
As added by P.L.52-1997, SEC.31.
IC 23-14-57-4
Applicability of chapter
Sec. 4. This chapter does not apply to the following:
(1) The disinterment, disentombment, or disurnment of remainsupon the written order of the coroner of the county in which thecemetery is situated.
(2) The removal of human remains under a plan approved bythe division of historic preservation and archeology underIC 14-21-1.
As added by P.L.52-1997, SEC.31. Amended by P.L.26-2008,SEC.18.
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 forthe purpose of autopsy or reinterment, reentombment, or reinurnmentin another cemetery with:
(1) the consent of the owner of the cemetery; and
(2) the written consent of an individual authorized to giveconsent 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 removedfor the purpose of autopsy or reinterment, reentombment, orreinurnment in another cemetery only under a judgment of the circuitor superior court with jurisdiction in the county in which thecemetery 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 disinurnmentmay take place under this chapter, the reasonable costs and expensesof the disinterment, disentombment, or disinurnment, includingattorney's fees, must be paid by the person or persons applying forthe 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 aClass 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 aremoval or reinterment, reentombment, or reinurnment described inthis chapter unless the owner fails to exercise reasonable care in theremoval or reinterment, reentombment, or reinurnment. There is arebuttable presumption that the owner exercised reasonable care inthe removal or reinterment, reentombment, or reinurnment.
As added by P.L.52-1997, SEC.31.