Cal. Code Regs. Tit. 12, § 464 - Disinterments

(a) Interments of eligible decedents in state veterans cemeteries are considered permanent and final. Disinterment will be permitted only for cogent reasons (e.g., when families move and want their loved one close by, or when the next of kin was not aware that the person had purchased a plot in a different cemetery), and with the prior written authorization of the Cemetery Director responsible for the cemetery involved. Disinterment from a state veterans cemetery will be approved only when all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), give their written consent, or when a court order directs the disinterment. For purposes of this section, "immediate family members" are defined as surviving spouse, whether or not he or she is remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. If the surviving spouse and all of the children of the decedent are deceased, the decedent's parents will be considered "immediate family members."

(b) Requests for disinterment must be submitted on Form VSD-003, Request for Disinterment (dated June 2016), which is hereby incorporated by reference in its entirety, and include the following information:

(1) A full statement of reasons for the proposed disinterment.

(2) Notarized statement(s) by all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), that they consent to the proposed disinterment.

(3) A notarized statement by the person requesting the disinterment that those who supplied affidavits comprise all the living immediate family members of the deceased.

(c) In lieu of the documents required in subdivision (b) of this section, an order of a court of competent jurisdiction will be considered.

(d) The state veterans cemetery shall charge a disinterment fee for an in-ground cremation that is equivalent to 50% of the current federal burial reimbursement rate, and a disinterment fee for caskets that is equivalent to 75% of the current federal burial reimbursement rate. The state veterans cemetery may not charge a disinterment fee for the reopening of a niche.

Notes

Cal. Code Regs. Tit. 12, § 464

1. New section filed 8-30-2016; operative 8-30-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 36).

Note: Authority cited: Section 1455, Military and Veterans Code. Reference: Sections 1400, 1410 and 1455, Military and Veterans Code.

1. New section filed 8-30-2016; operative 8/30/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 36).