Ohio, like two-thirds of the states in the country, has a law which authorizes crematories and funeral homes to dispose of unclaimed cremated remains. However, with the passage of Senate Bill 147, which became effective on July 2, 2010, Ohio funeral homes will now have to undertake a new requirement before disposing of the unclaimed cremated remains of anyone who is 18 years of age or older at the time of their death.
Since 1998, Section 4717.27(C) of the Ohio Revised Code has allowed a funeral home holding unclaimed cremated remains to dispose of the cremated remains in a grave, crypt, or niche sixty (60) days after the cremation occurred. In order for the funeral home to be able to dispose of the unclaimed cremated remains under that law, one of the following conditions must exist:
1. The cremation authorization form did not contain instructions specifying the manner of final disposition and no arrangements were subsequently made by the authorizing agent within the 60-day period following cremation; or
2. The cremation authorization form did contain instructions on the final disposition of the cremated remains or the authorizing agent did make arrangements for the disposition within the 60-day period following cremation, but those instructions or arrangements were not carried out because of the inaction of a party other than the crematory or funeral home; or
3. The authorizing agent agreed to pick up the cremated remains and failed to do so within the 60-day period following cremation.
If one of the above three conditions exist, a funeral home may dispose of the cremated remains in a grave, crypt or niche at any time after the 60-day period has expired. In addition, the authorizing agent who signed the cremation authorization form is responsible for the cost of that final disposition, provided that the cost does not exceed the reasonable cost of disposing of the cremated remains in a common grave or crypt in the county where the cremated remains were buried or placed in a crypt or niche.
Commencing on July 2, 2010, Senate Bill 147 places an additional responsibility on a funeral home prior to the disposition of unclaimed cremated remains. This Bill was passed because of concerns that funeral homes may be holding unclaimed cremated remains of veterans who would be entitled to burial or inurnment in a VA cemetery. As a result, the law now requires a funeral home, before disposing of unclaimed cremated remains, to notify the Secretary of the United States Department of Veterans Affairs of the name and other identifying information of any decedent who was 18 years or older at the time of their death and whose cremated remains are unclaimed.
After that notification is made, the Secretary of the Department of Veterans Affairs has sixty (60) days to notify the funeral home that the decedent was a veteran who is eligible for burial in a national cemetery. If the Secretary agrees to provide for the cost of transportation and burial of the unclaimed cremated remains in the national cemetery, the funeral home is required to follow the instructions of the Secretary and arrange for the burial of the unclaimed cremated remains in the national cemetery at the expense of the Department of Veterans Affairs. If, however, the Secretary does not respond to the funeral home or does not assume the right to direct the burial of the unclaimed cremated remains within sixty (60) days of the notification, the funeral home may carry out the disposition of the unclaimed cremated remains in accordance with Ohio law.
OFDA contacted the Department of Veterans Affairs to determine how an Ohio funeral home holding unclaimed cremated remains of a decedent 18 years or older should notify the Secretary of the unclaimed cremated remains. According to the United States Department of Veterans Affairs, an Ohio funeral home contemplating the disposition of unclaimed cremated remains should send the name of the decedent and other identifying information, such as address, age, available discharge information, etc., to the following address:
Mr. Leonard Kunka
Indigent Burial Coordinator
Anthony J. Celebreeze Federal Building
1240 E. Ninth Street
Cleveland, Ohio 44199
For the convenience of OFDA members, a sample notification letter may be downloaded here: SAMPLE CREMATION NOTIFICATION LETTER TO DEPARTMENT OF VETERANS AFFAIRS
While this new law does impose additional responsibilities on funeral homes, OFDA did not oppose the Bill since it provides proper and appropriate recognition of veterans who have served their country. OFDA was instrumental in removing from the original Bill a provision which would have imposed the 60-day notification requirement on unclaimed bodies as well as unclaimed cremated remains. OFDA explained to legislators that funeral homes could not hold unclaimed bodies for sixty (60) days while awaiting possible notification from the Department of Veterans Affairs. As a result of OFDA’s intervention, the Senate Bill 147 was revised so that the 60-day notification requirement applies only to unclaimed cremated remains.
OFDA members with questions regarding this new law may contact OFDA General Counsel, Scott Gilligan at (513) 871-6332.