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Ada County Ordinance - Indigent Deceased
Indigent Deceased
Purpose of the provisions
- Cremation services – designated
- Attendance of services and disposal of remains
- Objections to cremation
- Payment of expenditures
- When Ada County is not financially responsible
- Transportation of bodies
- Selection of cremation provider
- Exhumation of deceased bodies buried as indigent
- Place of burial
1. Purpose of the provisions.
To comply with the provisions of Idaho Code § 31-3412, it is the purpose of this chapter to provide for the cremation of the bodies of the indigent deceased who were Ada County Residents at the time of their death. It is the stated policy of Ada County that absent religious objection by the next of kin, cremation is the chosen method for fulfilling its statutory duty as provided by Idaho Code § 31-3412.
2. Cremation services – designated.
The bodies of those indigent dead for whom Ada County has responsibility shall be disposed of by cremation and shall only include a decedent who was both a resident of Ada County and indigent at the time of his or her death, as determined by Indigent Services pursuant to a properly filed application. As used in this Article, “cremation services” shall not be deemed to include the interment of cremated remains in a tomb, vault, crypt, or mausoleum, nor the conducting of memorial or funeral services at Ada County expense. Provided, however, that Ada County will cover the expense of burial of cremated remains in a county-owned burial plot in Dry Creek Cemetery or placement in a county-owned crypt when there are no known family members of the deceased or the family of the deceased declines possession of the decedent’s remains.
3. Attendance of services and disposal of remains.
If any surviving family members of an indigent decedent so desires, cremated remains shall be deposited in an urn or other suitable container and custody thereof given to that family member. If multiple family members wish to retain the remains, they shall receive preference in the following order: spouse, child(ren), parent(s), grandchild(ren), and sibling(s). If an indigent decedent has no known surviving family, or if known family members decline custody of cremated remains, such remains shall be buried in a county-owned burial plot in the Dry Creek Cemetery or placed in a county-owned crypt in accordance with accepted industry standards within this community and at no additional cost to the county.
4. Objections to cremation.
In the event that a surviving spouse, sibling, parent or direct decendant of an indigent decedent objects to disposition by cremation on religious grounds before the indigent decedent is cremated, or if cremation authorization is not received from the County Coroner, the County may supply burial costs, in an amount no greater than the cost the county applies toward the cremation. This amount shall be paid directly to the burial service provider, shall not exceed the amount provided for cremations, and shall only be provided for services performed in accordance with state law and pursuant to local industry standards. The County shall have no further responsibility for supplying casket, vault, crypt, mausoleum, or funeral or burial services for the decedent. If no objection is made pursuant to this Section, or if an indigent decedent has no known surviving family, said indigent decedent shall be disposed of by cremation.
5. Payment of expenditures.
Upon approval of a properly filed application and upon presentation of a death certificate, Ada County Indigent Services will authorize a maximum expenditure as set by resolution for cremation, or if there is an objection to cremation on religious grounds, this same maximum will be applied toward burial expenses. Any available resources of the decedent must be used for cremation or burial costs prior to authorizing expenditure of county funds.
6. When Ada County is not financially responsible
Ada County is not financially responsible for the burial or cremation of a deceased person who at the time of their death was not an indigent resident of Ada County or in the custody of the State of Idaho Department of Corrections, Federal Government or any of its agencies, either in Ada County or elsewhere.
7. Transportation of bodies.
Ada County will not pay any additional expenditures for the transporting of a decedent or the remains to or from Ada County for any purpose.
8. Selection of cremation provider
The next of kin, if any, shall make the selection of a business establishment licensed in this state to provide cremation services; otherwise if there appears to be no next of kin, selection shall be made by the County Coroner. Ada County will only make payment for cremation services to an establishment licensed in this state to perform such services.
9. Exhumation of deceased bodies buried as indigent.
Ada County will not pay to exhume a deceased body buried as an indigent.
10. Place of burial.
Ada County currently provides a plot at the Dry Creek Cemetery for burial of the cremated remains, but relatives may keep or dispose of the remains in a manner acceptable to them. Four (4) cremated remains will be buried in one (1) standard plot. Alternatively, the county may purchase a crypt, and in such case, cremated remains will be kept in the custody of the coroner until placement in said crypt.
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