(a) Purpose. The purpose of this chapter is to provide for the public health, safety, and general welfare of the citizens of Munroe Falls to enact an Indigent Burial Policy to comply with the provisions of R.C. § 9: 15 pertaining to: (i) the burial of indigent persons found within the City of Munroe Falls who are not claimed by any person for private interment or cremation at the person's own expense, or (ii) cremation and inurnment when the body of an indigent person is claimed by an indigent person.
(b) Application.
(1) Unclaimed: When the body of a dead person is found within the City and such person was not an inmate of a correctional, benevolent, or charitable institution of this state, and the body is not claimed by any person for private interment or cremation at the person's own expense or delivered for the purpose of medical or surgical study or dissection in accordance with R.C. § 1713.34, then the City shall be liable for the cremation and inurnment expenses in the amounts set forth herein, if:
A. The deceased is determined to be an indigent person; and
B. The person was a legal resident of the City of Munroe Falls at the time of death.
(2) Claimed: When the body of a dead person is claimed by an indigent person simply as that of a loved one, without undertaking to arrange and pay for private interment, the City shall be liable for the cremation and inurnment expenses, in the amounts set forth herein, if:
A. The deceased is determined to be an indigent person; and
B. The person was a legal resident of the City of Munroe Falls at the time of death; and
C. The claimant is determined to be an indigent person.
(c) Administration. The Mayor or his or her designee is appointed as the proper officer of the City, in accordance with R.C. § 9.15, to be responsible for the administration of this indigent burial policy. If the next-of-kin of the deceased are not available or are unknown, the Mayor or his or her designee, shall have the authority to sign all documents necessary for cremation and inurnment or interment expenses.
(d) Determining Indigence. Prior to the cremation authorization, the Mayor or his or her designee, shall make reasonable attempt to determine whether the deceased person is in fact indigent, and, where the deceased person is claimed by an indigent person, whether the claimant is in fact indigent.
(1) Definitions: R.C. § 9.15 defines an "indigent person" as someone whose income does not exceed 150% of the federal poverty line as revised annually by the United States Department of Health and Human Services in accordance with Section 673 (2) of the "Omnibus Budget Reconciliation Act of 1981", as amended for a family size equal to the size of the person's family.
A. "Indigent decedent." A deceased person whose body is found in the City and who was a legal resident of the City at the time of death, and the person was not an inmate of a correctional, benevolent, or charitable institution of this State, and the body is not claimed by any person for private interment or cremation at the person's own expense or delivered for the purpose of medical or surgical study or dissection in accordance with R.C. § 1713.34, and the person is determined to be indigent as described herein. The criteria used to evaluate indigency status shall include, but is not limited to, the income components as defined by the most recent version of the United States Census Bureau and any other relevant considerations concerning the financial condition of the individual, including but not limited to, fundraising revenue and/or insurance intended for funeral, cremation, and/or burial expenses. Once the income information described herein has been verified, then the most recent version of the United States Department of Health and Human Services Poverty Guideline Publication will be used to determine whether the person's income exceeds 150% of the federal poverty line. In determining indigency, the wages or salary income earned by dependent minors under eighteen years of age shall not be considered.
B. "Indigent claimant." A person who claims the body of an indigent decedent and also claims he or she is indigent. The criteria used to evaluate indigency status shall include, but is not limited to, the income components as defined by the most recent version of the United States Census Bureau and any other relevant considerations concerning the financial condition of the individual, including but not limited to, fundraising revenue and/or insurance intended for funeral, cremation, and/or burial expenses. Once the income information described herein has been verified, then the most recent version of the United States Department of Health and Human Services Poverty Guideline Publication will be used to determine whether the person's income exceeds 150% of the federal poverty line. In determining indigency, the wages or salary income earned by dependent minors under eighteen years of age shall not be considered.
(e) Determining Legal Residency. Prior to the authorization of cremation, the Mayor or his or her authorized designee, shall make reasonable attempt to determine whether the deceased person was a legal resident of the City. As used herein, "legal residency" means a physical presence in a particular location, coupled with the choice to make that place home, or the place with which a person is most intimately connected.
(f) Policy.
(1) Upon finding that the deceased was a legal resident of the City and after verifying indigency of the decedent and the claimant of the decedent's body, if any, as described herein, the Mayor or his or her designee, shall authorize the funeral director to cremate the decedent. The City shall dispose of the remains of indigent persons by cremation only. The City will choose the funeral home to conduct the cremation and will enter into an agreement with said funeral home for a specific price for the cremation and inurnment or interment of the remains of the deceased. The cremated remains of the deceased may be released to the decedent's family or loved ones.
(2) An indigent person claiming the body of an indigent decedent may not make independent funeral arrangements and have the bill submitted to the City. Should this occur, the City is not liable for costs under these circumstances.
(3) If the cremated remains of indigent persons are not claimed, the City shall cause the cremains to be buried. The City shall also provide at the grave of the person's cremated remains, if such remains are buried, a metal, stone, or concrete marker on which the person's name and age, if known, and date of death shall be inscribed.
(Ord. 2022-01. Passed 2-15-22.)