Disposition of Unclaimed Remains Administration Administration

AR: 12.01 July 18, 2016

Disposition of Unclaimed Remains Administration Administration

It shall be the policy of the Board of County Commissioners of Wakulla County, Florida that Policy No. 08-01, titled “Indigent Deaths & Disposition of Unclaimed Bodies Policy”, adopted on May 5, 2008, is hereby repealed and superseded, and a revised Policy and Procedure titled “Disposition of Unclaimed Remains Administration” is hereby adopted in its place as follows:

1. Purpose

Wakulla County has the responsibility of disposing of the remains of unclaimed and unclaimed indigent persons who died or were found deceased in Wakulla County.

This policy is to provide procedures in accordance with Chapter 406, Florida Statutes, as amended from time-to-time, for the decent and dignified burial or cremation of deceased persons or their remains that are required to be buried or cremated at the public’s expense.

This policy is not a program to supplement funeral expenses.

1. Definitions

For the purposes of this Policy, all terms herein shall have the same meaning as set forth in Florida Statutes §§ 406.49– 406.53, as may be amended from time to time.

1. Policy

1. The County is charged with the disposition of unclaimed and unclaimed indigent remains at the County’s expense.

1. In accordance with Chapter 406, Florida Statutes, this program is applicable to a deceased person who meets the following criteria:

a.The deceased’s death occurred or remains were found in Wakulla County, and either:

i.Not claimed by a legally authorized person, other than a medical examiner or the board of county commissioners, for final disposition at the person’s expense; or

ii.The Deceased is found by the County or a designated entity to be indigent and the legally authorized person claiming the deceased is also found to be indigent.

1. Nothing herein shall affect the right of a medical examiner to hold such human remains or dead body for the purpose of investigating the cause of death, nor shall this Policy affect the right of any court of competent jurisdiction to enter an order affecting the disposition of such body or remains.

1. The Board of County Commissioners may, if it so chooses, enter into an agreement with an entity located within the state of Florida (a “designated entity”) to provide any or all of the services under this Policy and determinations regarding the disposal of deceased remains in accordance with this Policy. Such designated entity shall satisfy all requirements of the State of Florida in performing the services under this Policy and chapter 406, Florida Statutes. If more than one designated entity is utilized for purposes of this Policy, said designated entities will be included on a list and assigned services on a rotational basis. The list shall be utilized in determining where to send the deceased remains.

1. Direct cremation or burial are the only approved forms of disposal unless otherwise authorized by court order. A funeral home or person licensed under Chapter 497, Florida Statutes, is not liable for any damages resulting from cremating such human remains at the written direction of the Board of County Commissioners or its designee.

1. Burials and Cremations shall be arranged by the County, and no services, shall take place, visitation or viewing at the Funeral Home. Friends and family are not permitted at the burial or cremation.

1. Remains of a deceased person, whose identity is unknown, may not be cremated or donated as an anatomical gift, buried at sea or removed from the state.

1. Procedure

Identification

1. As required by Florida Statute, Chapter 406, which may be amended from time to time, in the event the County finds itself in charge or control of human remains or a dead body, that requires disposal at public expenses, the County shall, make a reasonable effort to:

1. Determine the identity of the deceased person;

1. Contact any next of kin of the deceased person; and

1. Determine whether the deceased person is entitled to burial in a national cemetery as a veteran of the armed services in accordance with the provisions of Chapter 38 of the Code of Federal Regulations, as may be amended from time-to-time.

1. If the deceased is determined to be entitled to burial in a national cemetery, the County will follow the appropriate procedures for transfer of the remains disposition at a national cemetery as set forth in the Code of Federal Regulations.

1. If a next of kin is located, and the next of kin refuses to claim the remains of a deceased, the County will make all reasonable effort to obtain a Next of Kin Statement (Exhibit A).

1. If a next of kin is located, and claims to be indigent, the County shall make all reasonable efforts to have the next of kin complete the Application for this program (Exhibit B).

Application Process

1. When a request for disposition services under this Policy is initiated, staff of Wakulla County or the County’s designated entity shall determine the eligibility of the deceased for burial or cremation at the public’s expense.

1. Prior to rendering approval, the County shall make every reasonable effort to obtain from the relative, friend, or responsible party a complete Application or Next of Kin Statement to the County Administration Office for eligible determination. Approval may be granted if the deceased’s death occurred or remains were found in Wakulla County, and either the deceased was:

a.Not claimed by a legally authorized person, other than a medical examiner or the board of county commissioners, and not entitled to burial in a national cemetery for final disposition at the person’s expense; or

b.Found by the County or its designated entity to be indigent and the legally authorized person claiming the deceased is also found to be indigent.

1. When possible Applications will be taken in writing. Applications are available at the Wakulla County Administration Office and may be accessed electronically at

1. Staff shall contact ALL available sources possible to confirm information on the Application. Sources include, but are not limited to: the funeral home, Sheriff’s Department; nursing home; landlord; Social Security Administration; name of relative(s) given by the Medical Examiner; and Veterans Services. All phone conversations must be documented.

Notification to the State Anatomical Board

1. Once the deceased is determined to be eligible for burial or cremation at the County’s expense, notification must be made to the State’s Anatomical Board. Notification to the Anatomical Board is NOT required if:

1. The unclaimed remains are decomposed or mutilated by wounds;

1. The remains contain a contagious disease;

1. Autopsy was required to determine cause of death;

1. A legally authorized person objects to use of the remains for medical education or research;

1. A legally authorized person or a relative by blood or marriage claims the remains for final disposition at his or her expense or, if such relative or legally authorized person is also an indigent person; or

1. The deceased person was a veteran of the United States Armed Forces, United States Reserve Forces, or National Guard and is eligible for burial in a national cemetery.

1. If the body is accepted by the State Anatomical Board, such body shall be delivered as soon as possible to the University of Florida Health and Science Center (hereinafter the “Center”). The Anatomical Board shall be responsible for the cost of preparation and transportation of the body to the Center. If the body is not accepted, a funeral home selected by the County shall proceed with the disposal of the deceased’s body.

Coordination with the Funeral Home

1. Once it is determined that a deceased body or remains is eligible for burial or cremation at the County’s expense, and the State Anatomical Board has not accepted the body, the County shall notify the funeral home to coordinate disposition scheduling. The funeral home shall be reimbursed for its services. The funeral home shall be responsible for filing the burial transit permit with Vital Statistics at the Health Department and obtaining any death certificates necessary. County staff shall verify with the funeral home via letter the time and date of disposition.

1. A fourteen (14) day waiting period on disposition of the remains is imposed if the identity of the body is unknown or if there are any relatives who need to be contacted.

Burial or Cremation

1. It is within the County’s sole discretion whether unclaimed remains are to be buried or cremated, except for unidentified remains, which may never be cremated.

1. If burial is used as the mechanism of disposal, deceased individuals approved for burial at the County’s expense are buried at the County’s designated cemetery at the time of disposition. The County’s Department of Public Works shall be responsible for preparation of the burial site. Public Works’ work crew shall arrive at the cemetery in time to open the grave on the day of the funeral. The crew remains and closes the grave in the presence of the Funeral Director and places a metal head marker that bears the burial transit permit number on the grave. Upon closing the grave, the crew foreman will receive a burial transit permit from the Funeral Director. The burial transit permit is to be taken to the County Administrator’s Office and documented accordingly.

1. If cremation is used as the mechanism of disposition, cremains shall be held at a location designated by the funeral home utilized by the County for a period of 120 days at provided in § 497.607(2), Florida Statutes. If County cremation expenses are paid by a family member during the 120 day period or if the family member is also found to be indigent, the funeral home used by the County shall release the cremains to said family member. If the cremains are not claimed after this period, the cremains may be disposed of by the funeral home as provided or allowed by law.

Payment for Services

1. Once burial or cremation has taken place, the funeral home shall remit an invoice along with a death certificate to the County which shall be paid from the County’s Burial Fund. Once in receipt of the invoice, County Administration shall process the invoice for payment.

Exhibit A

WAKULLA COUNTY INDIGENT CREMATION NEXT OF KIN STATEMENT

Name ______

Relationship to Deceased ______

Address ______

City ______State ______Zip ______

Phone ______

Are you aware of any relative who could assume responsibility for the Deceased?

Yes ____ No ______If yes, please provide the following information:

Name ______

Relationship to Deceased ______

Address ______

City ______State ______Zip ______

Phone ______

I, ______, authorize Wakulla County to cremate the body of ______consistent with the County’s Unclaimed and Indigent Remains Disposal Policy and Procedures. I do not claim the body of ______. I agree to indemnify and hold the County harmless from all claims, damages, liabilities, or suits of any nature whatsoever arising out of, because of, or due to the cremation, including but not limited to costs and reasonable attorney’s fees.

______

SignatureDate

Before me this ______day of ______, 2016, personally appeared ______, who having been personally known to me or produced ______identification.

Notary Signature: ______

Seal

Exhibit B

WAKULLA COUNTY UNCLAIMED AND UNCLAIMED INDIGENT REMAINS DISPOSITION SCREENING FORM

Applicant’s Information

1. Name of the Applicant ______
2. Application Date______

3. Address of the Applicant ______

4. Phone______5. Relationship to the deceased ______

Deceased Information

6. Name of the deceased ______

7. Date of Birth______

8. Social Security #______

9. Date of Death______

10. Location of Death ______

11. Length of Residency ______

12. Location of Remains______

13. Cause of Death______

14. Nursing Home Name: ______

15. Marital Status ______

16. Spouse’s Name ______

17. Was the decedent a United States Military Veteran ______

18. If yes, to answer 17, what time period did the deceased serve ______

19. What branch of the Military ______

The following financial information is used to determine if any the county can intercept:

20. Monthly Income ______

21. Source of Income______

22. Any Bank Accounts yes no

If yes, how much in the account ______

Name and Location of the Bank______

23. If in a nursing home, how much did the individual have in the Medicaid personal spending account $ ______

24. Other sources of income ______

Information of Next Of Kin

Name: ______

Address: ______

______

Age: ______Relationship to the deceased ______

Telephone Number ______

Eligibility Criteria (Circle yes or no)

1. Receiving Veteran’s benefitsyes no

(If yes, refer to the funeral home)

2. Victim of a crimeyes no

(If yes, refer to the Attorney General’s Office)

3. Burial authorized by state anatomical board yes no

4. Any life insurance yes no

Other pertinent information:

Disposition______

Screening Form completed by ______Approved by ______

Date ______

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