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HomeMy WebLinkAbout05 0724 00 t. O{\c\. 'A\A~ 7. 7/~tflc<> Cc: ~ lAl'\€.fC-,\ \\ome. ) STATE OF WASHINGTON County of Jefferson In the Matter of Establishing procedures and } process for the disposition of unclaimed remains } of indigent persons in Jefferson County; and } establishing the Jefferson County Indigent } Remains Account. } ORDINANCE NO. 05~724~'O. WHEREAS, the Revised Code of Washington Title 36.39.030 requires that the Board of County Commissioners provide for the disposition of the remains of any indigent persons including a recipient of public assistance who dies within the County and whose body is unclaimed by relatives, friends or a church organization; and, WHEREAS, the Board of County Commissioners recognize that this need exists and a procedure for this purpose needs to be established; and, NOlv, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Jefferson County, Washington, that: Section 1: Definitions For the purposes of this ordinance the following definitions shall apply: Final Disposition means the disposition of remains by earth burial in a recognized cemetery or cremation in accordance with the conditions set forth in the County's contractual agreement with funeral establishments. Funeral establishment means a funeral establishment licensed under RCW 18.39 or a cemetery authority with a permit or endorsement issued under RCW 68.05. Indigent means without assets sufficient to pay for the cost of burial as provided by this chapter. Unclaimed means family, friends or a church organization, are not claiming responsibility for final disposition of an indigent decedent, and the decedent is not survived by any of the following: 1. 2. 3. 4. 5. A spouse; Adult children; Parents; Siblings. A person acting as the decedent's representative under a signed authorization of the decedent. 05-0724-.00 ORDINANCE NO. Disposition of Unclaimed Remains of Indigent Persons Page: 2 Section 2: Acceptance of Responsibility The County Coroner, as provided in RCW 68.50.010, shall have the responsibility for accepting jurisdiction for the remains of a person that is unclaimed, if seven (7) business days after the death of an indigent person, NO person, relative or responsible officer of a church organization with which the deceased was affiliated (RCW 68.50.070) claim responsibility for the disposition of the decedents remains. Whenever friends, a church organization or appropriate relatives, who have legal responsibility for disposing of the remains, as identified in RCW 68.50.160, claim the body, Jefferson County will not accept jurisdiction or financial responsibility for disposition. Section 3: Notification The County Coroner, with assistance from the County Sheriff's Department and/or other law enforcement agencies shall attempt to notify relatives, friends, or religious organizations that may desire to claim responsibility for the disposition of an indigent decedents remains. If no friends, relatives or church organizations can be found to accept responsibility for the disposition of the remains, the County Coroner shall accept jurisdiction. Section 4: Provision of Cremation at County Expense The County Coroner, after accepting jurisdiction for the disposition of indigent unclaimed human remains, shall arrange for the transportation and final disposition of such remains at County expense. Section 5: Procedures The County Administrator or his/her designee shall review and, after appropriate inquiry, grant or deny applications for the reimbursement of the cost of final disposition of the remains of any indigent person who dies within the County and whose body is unclaimed. Application shall be made in the form specified and provided by the County Administrator. The person making the application shall certify that the application is for the payment of the cost of final disposition of a person who: (1) (2) (3) died within the County, is indigent, and whose body is unclaimed and that the information contained therein is true under penalty of perjury. In determining whether an unclaimed decedent for whom application is made is indigent, the following shall be considered: 1. The decedent's estate and resources, including, but not limited to, real estate, personal property, cash, bank accounts, contents of safety deposit boxes, nursing home trust accounts, veterans death benefits, workmen's compensation, Social Security death benefits, life insurance or burial insurance; 2. Any person on public assistance at the time of his/her death is presumed to be indigent. Section 6: Special Account Created. A special account to be known as the Jefferson County Indigent Remains Account, shall be created, for the purpose of paying all or any part of the cost of burial of the remains of - 05-0724-00 ORDINANCE NO. Disposal of Unclaimed Remains of Indigent Persons Page: 3 any indigent person who dies within the County and whose body is unclaimed. Section 7: Reimbursement of Cost. Upon approval of an application for reimbursement for the cost of disposal of the unclaimed remains of an indigent person, the County shall pay a sum in accordance with the County's agreement with the funeral establishments. Section 8: Recoupment of cost. It is the intent of this Section to provide for disposal of the unclaimed remains at County expense only in those cases where there are no available funds belonging to the deceased, the deceased's estate or held in trust for the deceased by any person or entity. In the event such resources are discovered after the County has paid for disposal of the remains, the Prosecuting Attorney is authorized to pursue recoupment of any amount expended by the County where such effort appears to be cost effective. Section 9. Effective Date and Expiration Date. This ordinance shall take effect upon passage. Section 10. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provisions to other persons or circumstances is not affected. .. e 't:/i .+~f 1\. .c.. . . .,\~ . '. ~ $ t) 14 t ') d~o. I1-Q Lorna Delaney, CMC ~ Clerk of the Board .. ;,:" ~ ~ tJ"J g.'-I~ daYOf~2000. COUNTY BOARD OF CO ISS APPROVED AS TO FORM: J)~ (ty. ~ ')22/OD Prosecuting Attorney /i,SON --c' !~.~~ 1101 ...;.:l\ I'" "''' -<, \~ ~/ "'1.~'!J~9-'59' JEFFERSON COUNTY APPLICATION for the Disposition of Unclaimed Remains DECEDENT'S FULL LEGAL NAME: Last Name First Name Middle Name Last Known Address: Date of Birth: SS#: Driver's License #: State & City of Birth: Decedent was receiving Public Assistance at the time of death? Oil!; Yes 01" No I ""'III!,""I! Don't Know ~::~eu~:d~;~ ~~:~;~~ or 0: Yes Oi',": No 0 Maybe - may have served in the 0"'" 0, o Are there any family, friends, or a church organization to claim the decendent's re m a ins? Check all that apply. * FAMILY - including - a spouse, adult children, parents, siblings. * REPRESENTATIVE - a person acting as the decedent's representative under a signed authorization from the decedent. * CHURCH - affiliated with a church that would claim responsibility for the disposition of the decedent's remains. * Provide names & addresses for above on back of form. CERTIFICATION OF APPLICANT I , certify, under penalty of perjury, that to the best of my knowledge, this application is being filed on behalf of the decedent who: 1) died within Jefferson County; 2) is indigent; 3) the decedent's body is unclaimed; and 4) that the information contained on this application is true. Si ned Date o o o o o FOR COUNTY USE ONLY -- Check all that have been completed or apply. It has been 7 business days since death and no person, relative or responsible officer of a church organization has claimed responsibility for the disposition of the decedent's remains. The County Coroner, with the assistance of the County Sheriff's Department and/or other law enforcement agencies, has attempted to notify relatives, friends or religious organizations that may desire to claim responsibility for disposition of the decedent's remains. It has been verified that the decedent is NOT a veteran eligible for Veterans Relief Funds. It has been verified that the decedent is indigent. Coroner accepts jurisdiction of the unclaimed decedents remains and shall arrange for transport and final disposition at County expense. Approved D. "I,': Denied ~ "",, ",,: , ,',,1 ; "" I" " ..i.:!:!: i County Administrator Date