Okaloosa County BOCC — June 21, 2016 — Indigent and unclaimed persons Policy 6.6.16 — reading text

EXHIBIT A OKALOOSA COUNTY POLICY AND PROCEDURE REGARDING DISPOSITION OF THE REMAINS OF DECEASED UNCLAIMED PERSONS PURPOSE The purpose of this policy and procedure is to provide uniform guidelines pursuant to Chapter 406, Florida Statutes for the cremation of the remains of unclaimed deceased persons which are required to be disposed of at public expense. POLICY AND PROCEDURE I. Definitions Definitions as used in this policy are: “Indigent person” means persons whose family income does not exceed 100 percent of the current federal poverty guidelines prescribed for the family’s household size by the United States Department of Health and Human Services. “Unclaimed remains” means human remains that are not claimed by a legally authorized person (as defined in section 497.005, Florida Statutes), other than a medical examiner or the Board of County Commissioners, for final disposition at the person’s expense. II. Authority to Contract for Services Under Policy The Board of County Commissioners may enter into an agreement with an entity operating within the State of Florida (“Designated Entities”) to provide any or all of the services under this policy and to make determinations regarding the disposal of deceased remains in accordance with this policy. Such Designated Entities shall satisfy all requirements of the State of Florida to perform the services under this policy and Chapter 406, Florida Statutes. If more than one Designated Entity within Okaloosa County is utilized for purposes of this policy, said Designated Entity will be included on a list and assigned services on a rotational basis. The list of Designated Entities shall be utilized in determining where to send the remains of unclaimed deceased persons. If no Designated Entity within Florida is capable of fulfilling the services set forth in this policy in a reasonable and cost effective manner, then the Board may designate those responsibilities to the County Administrator and his or her designee or department to ensure that the procedures are followed. III. Criteria and Procedure for Determining Status of the Deceased In accordance with Chapter 406, Florida Statutes, this program is applicable to a deceased person who meets the following criteria: 1  EXHIBIT A The deceased’s death occurred or remains were found in the County, and: 1. Was unclaimed by any relative by blood or marriage, friend, fraternal society, charitable or religious organization, or governmental agency providing residential care to the deceased at the time of his or her death and there is no court order affecting the disposal of the remains of the deceased; or 2. The Deceased is determined by the County or Designated Entity to be indigent and the deceased’s relatives and or friends have refused to claim the body. a. Designated Entities shall obtain a statement from any Hospice facility of their knowledge of the indigent status of all deceased persons at their facility who have been referred for cremation under this policy and documentation for their knowledge. b. Determination of indigence is the responsibility of the Designated Entities subject to approval by the County Administrator or his or her designees. The person or entity in charge or control of the dead body or human remains shall make all reasonable effort to determine; whether or not the deceased person is entitled to burial in a national cemetery as a veteran of the Armed Forces and, if so, shall make arrangements for such services in accordance with the provisions of 38 C.F.R. For purposes of this section “a reasonable effort” includes contacting the Okaloosa County Veterans Service Officer or regional office of the United States Department of Veterans Affairs. The Designated Entities shall not proceed forward with cremation and disposal of the remains without the written approval of the County Administrator or his/her designee. The Designated Entities shall request approval from the County Administrator by submitting the following: 1. A form which certifies that reasonable attempts have been made to: a. Identify and notify any relatives, friends, fraternal society, charitable or religious organization or governmental agency which provided care to the deceased; or b. Determine whether the deceased was indigent; and c. When possible, the Designated Entity shall obtain written documentation and hold harmless from any next of kin verifying that they are not claiming the body. 2  EXHIBIT A 2. Documentation that attempts were made to recover expense(s) from the following resources: a. Social Security Lump Sum benefits; and b. Miscellaneous Resources, i.e. Nursing Homes, cash estates, assets in bank, life insurance, etc. 3. A certified copy of the death certificate. When a decision has been made on the request of the Designated Entities, the County Administrator shall issue to the Designated Entities a written notification that cremation and disposition of the cremains may proceed. The Designated Entity shall also be provided notice by telephone. IV. Notification to the State Anatomical Board Upon approval by the County Administrator, the Designated Entities shall immediately notify the State Anatomical Board located at the University of Florida Health Science Center, if the deceased meets the criteria as set forth in section 406.50, Florida Statutes. Notification of the anatomical board is NOT required if the death was: 1. The unclaimed remains are decomposed or mutilated by wounds; 2. Deceased had a contagious disease; 3. Autopsy was performed on the remains; 4. The deceased was a veteran of the United States Armed Forces, United States Reserve Forces, or National Guard and is eligible for burial in a national cemetery or was the spouse or dependent child of a veteran eligible for burial in a national cemetery; 5. Relative, by blood or marriage, claims the body for burial at the expense of the relative, member, or a representative of a fraternal society of which the deceased was a member, or a representative of any charitable or religious organization, or a governmental agency which was providing residential care to the indigent person at the time of his or her death claims the body for burial at their expense. If the body is accepted by the State Anatomical Board, the Designated Entities shall proceed according to subsection 406.50(2), Florida Statutes. Such accepted body, shall be delivered to the Anatomical Board as soon as possible. The Anatomical Board shall be responsible for the cost of preparation and transportation of the body to the Center. If the body is not accepted, the Funeral Home shall proceed with the disposal of the deceased’s body. 3  EXHIBIT A V. Disposition of Remains by Cremation After it is determined that the remains are unclaimed, the Designated Entity shall dispose of the remains. 1. Direct cremation is the only approved form of disposal unless otherwise authorized by court order. 2. A funeral home or person licensed under Chapter 497, Florida Statutes, is not liable for any damages resulting from cremating such human remains at the written direction of the Board of County Commissioners or its designee. VI. Duration of time for Cremains to be held Cremains shall be held at a location designated by the Designated Entities for a period of 120 days from the date of cremation as provided for in section 497.607(2), Florida Statutes. If county cremation expenses are paid by a relatives, friends, fraternal society, charitable or religious organization or governmental agency which provided care to the deceased during the 120 day period or if the family member is also found to be indigent, which shall be determined by providing sufficient proof of indigence, the Designated Entities shall release the cremains to said family member. If the cremains are not claimed after this period, they will continue to be held by the Designated Entities until proper disposal as provided or allowed by law in Chapter 497, Florida Statutes or as otherwise designated. VII. Requirements for Payment from the County and Fee Schedule The Designated Entities shall submit an itemized invoice for payment to the Okaloosa County Clerk’s Finance Department, along with the following documentation: 1. That contact was made with the State Anatomical Board; 2. A Certificate of Death; 3. Next of Kin Release; and 4. All documentation submitted to the County Administrator in accordance with Section III above. The County shall make payment in the amount indicated under a contract with a Designated Entity within 30 days from receipt of the invoice and the documentation. VIII. Required Reporting by Designated Entities Designated Entities shall provide to the County on an annual basis on or before January 15th of each year a report of all cremations by them for the prior year which report shall include the name, if known, date of cremation, identification number or code, and the location of the cremains at the time of the report. 4  EXHIBIT A IX. No Effect on Medical Examiner and or Court This policy does not affect the right of a medical examiner to hold human remains for the purpose of investigating the cause of death or the right of any court of competent jurisdiction to enter an order affecting the disposition of such remains. 5