(A) Two levels of cremation services financed by the county. In light of the important public purposes served by governmental assistance in ensuring the proper disposition of the remains of those who would not otherwise be able to financially procure the same, the county hereby establishes the following two different levels of cremation services financed by the county:
(1) Unclaimed decedent cremation service; and
(2) Indigent decedent cremation assistance service.
(B) Unclaimed decedent cremation service.
(1) Qualifications for unclaimed decedent cremation service. It is an express condition precedent that prior county financing the disposition of the remains of an unclaimed decedent, each of the following elements be met:
(a) The decedent is a resident of the county;
(b) The decedent is in the possession of the County Coroner;
(c) The County Coroner, after conducting a good faith and diligent search, is unable to locate a surviving spouse or any next-of-kin; and
(d) Note: notwithstanding the foregoing conditions precedent, under extraordinary circumstances, the County Coroner’s office, with the approval of the County Judge/Executive, may determine it is in the county’s best interest to fund cremation services for a nonresident.
(2) Unclaimed decedent cremation services provided. Upon verification of the above conditions precedent, and upon the completion of any and all administrative policies, regulations or guidelines subsequently put in place to facilitate the aforesaid verification, the county shall render the following cremation service.
(a) The county shall cause the remains to be cremated by a licensed funeral home in the county.
(b) The county shall take receipt of the cremains and cause them to be spread upon the garden at the pauper cemetery at Wilmington.
(c) The county shall pay the licensed funeral home rendering the cremation services in the amount of $750 for said services.
(d) It is expressly stated that the county shall not provide any type of grave marker, nor finance the provision of any visitation or other services at either a funeral home or at the cemetery.
(3) Future recoupment of county and funeral home expenditures.
(a) If, after the provision of the services stated in division (B)(2) above, it is determined that an unclaimed decedent possessed any type of assets, said assets shall be turned over to the county and subject to the county’s initial right of recoupment and be used to defray the county’s expenses in providing such services.
(b) If any additional assets exist after the full recoupment of the county’s cremation service expenses, said assets shall escheat to the County Fiscal Court General Fund after the one-year anniversary of the date on which the unclaimed decedent’s assets were turned over to the county. Upon escheating to the General Fund, the county shall pay over any remaining assets to the licensed funeral home providing the cremation services to compensate for the funeral home’s actual costs of services if they were in excess of what was originally recouped from the county.
(C) Indigent decedent cremation assistance service.
(1) Qualifications for indigent decedent cremation assistance service. It is an express condition precedent that prior county financing the disposition of the remains of an indigent decedent, each of the following elements be met:
(a) Decedent is a resident of the county;
(b) Decedent possesses no assets of any nature that can be used or sold to finance cremation; and
(c) A family member or friend of the decedent, formally accept financial responsibility for the disposition of the decedent’s remains.
(2) Indigent decedent cremation assistance services provided. Upon verification of the above conditions precedent, and upon the completion of any and all administrative policies, regulations or guidelines subsequently put in place to facilitate the aforesaid verification, the county shall render the following cremation assistance service.
(a) The county will contribute the amount of $750 toward the cremation and internment of the indigent decedent’s cremains.
(b) Such payment shall be made directly to the licensed funeral home after an invoice for services has been received by the county.
(c) At the election of the financially responsible party identified in division (C)(1)(c) above, said party may request to receive the cremains or may direct that the cremains be spread upon the garden at the pauper cemetery at Wilmington.
(d) It is expressly stated that the county shall not provide any type of grave marker, nor finance the provision of any visitation or other services at either a funeral home or at the cemetery. Should the indigent decedent cremation assistance services applicant purchase any additional services from the funeral home in excess of basic cremation and internment, said purchase shall invalidate the county’s aforesaid duty to contribute.
(3) Future recoupment of county expenditures. If after the provision of the services stated in division (C)(2) above, it is determined that an indigent decedent possessed any type of assets, said assets shall be turned over to the county and subject to the county’s right of recoupment and be used to defray the county’s expenses in providing such services.
(Ord. 2016-11, passed 7-11-2016; Ord. 2023-12, passed 7-24-2023)