W. Va. Code R. § 6-1-26 - Storage and disposal of unclaimed human remains
26.1. Unclaimed dead human bodies.
A funeral establishment may embalm an unclaimed dead human body under the following circumstances:
26.1.1. If the funeral establishment has made
legitimate attempts to contact the next of kin or authorized representative
without success within 12 hours after the body was placed in its care, the
funeral establishment may embalm the body after this 12 hour period; provided
that the funeral establishment makes a record of such legitimate attempts to
contact the next of kin or authorized representative; or,
26.1.2. If the funeral establishment has made
legitimate attempts to contact the next of kin or authorized representative
without success and has reasonable belief that a body could be infected with a
contagious or communicable disease, the funeral establishment may embalm the
body immediately upon receipt of certification by a public health officer that
the body is infected with a contagious or communicable disease. The funeral
establishment may embalm the body prior to the end of 12 hour period set forth
in subsection 26.1.1. of this section if the body is certified as contagious by
the public health officer.
26.2. Unclaimed cremated remains.
26.2.1. A funeral establishment shall store
in a secure location unclaimed cremated remains while trying to locate an
authorized representative or person to whom the funeral establishment was
instructed to release the cremated remains.
26.2.2. If, after 60 calendar days following
the cremation procedure, the cremated remains are not claimed, the funeral
establishment shall send notification, by certified mail, to the authorized
representative or person to whom the cremated remains were to be released. This
notification shall state that the remains are unclaimed and that the funeral
establishment requires additional instructions regarding their
release.
26.2.3. If, after 30
calendar days since the first notification, the cremated remains are still
unclaimed, the funeral establishment shall send a second notification, by
certified mail, to the same person or persons prescribed in subsection 26.2.2
of this section. This notification shall state that the cremated remains are
still unclaimed and that the funeral establishment requires additional
instructions regarding their release. The notice shall also inform the
recipient that the funeral establishment may dispose of the remains in 90 days
if unclaimed.
26.2.4. If, after 90
calendar days since the second notification, the cremated remains are still
unclaimed, the funeral establishment may dispose of the cremated remains by
burial or entombment. The funeral establishment may bury such cremated remains
in a common grave, pursuant to section 24 of this rule.
26.3. The funeral establishment shall be
entitled to payment for these services from the deceased person's estate,
pre-need contract, applicable insurance policies or trust funds, or indigent
burial programs.
Notes
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26.1. Unclaimed dead human bodies.
A
26.1.1. If the funeral establishment has made legitimate attempts to contact the next of kin or authorized representative without success within twelve (12) hours after the body was placed in its care, the funeral establishment may embalm the body after this twelve (12) hour period; provided that the funeral establishment makes a record of such legitimate attempts to contact the next of kin or authorized representative ; or,
26.1.2. If the funeral establishment has made legitimate attempts to contact the next of kin or authorized representative without success and has reasonable belief that a body could be infected with a contagious or communicable disease, the funeral establishment may embalm the body immediately upon receipt of certification by a public health officer that the body is infected with a contagious or communicable disease. The funeral establishment may embalm the body prior to the end of twelve (12) hour period set forth in subsection 26.1.1. of this section if the body is certified as contagious by the public health officer.
26.2. Unclaimed cremated remains .
26.2.1. A funeral establishment shall store in a secure location unclaimed cremated remains while trying to locate an authorized representative or person to whom the funeral establishment was instructed to release the cremated remains .
26.2.2. If, after sixty (60) calender days following the cremation procedure, the cremated remains are not claimed, the funeral establishment shall send notification, by certified mail, to the authorized representative or person to whom the cremated remains were to be released. This notification shall state that the remains are unclaimed and that the funeral establishment requires additional instructions regarding their release.
26.2.3. If, after thirty (30) calender days since the first notification, the cremated remains are still unclaimed, the funeral establishment shall send a second notification, by certified mail, to the same person or persons prescribed in subsection 26.2.2 of this section. This notification shall state that the cremated remains are still unclaimed and mat the funeral establishment requires additional instructions regarding their release. The notice shall also inform the recipient that the funeral establishment may dispose of the remains in ninety (90) days if unclaimed.
26.2.4. If, after ninety (90) calender days since the second notification, the cremated remains are still unclaimed, the funeral establishment may dispose of the cremated remains by burial or entombment. The funeral establishment may bury such cremated remains in a common grave, pursuant to section 24 of this rule.
26.3. The funeral establishment shall be entitled to payment for these services from the deceased person 's estate, pre-need contract, applicable insurance policies or trust funds, or indigent burial programs.