(Q3) Disinterment, Funeral Homes, Cemeteries, Cremation/Crematories (pg. 14,15,17,18)

removal from place of repose (place of repose=rest; place of death)

• Once interred, the family has no rights to deceased. • Deceased is now under the jurisdiction of the courts (county of place of burial) family doesn’t technically have the right to disinter. The family must go before a court and have a reason and hearing for the disinterment

1) Public interest reasons (general public/government for criminal autopsy purpose or governmental institution for public use “eminent domain” 2) Private interest reasons

• The courts will usually allow the disinterment, but if anyone has an objection to the disinterment, an attorney is needed for probate court Probate Courts will look at other factors: new place of interment, inconvenience to next of kin

• Disputes are the duty of funeral director • affidavidt from cemetery and county permit is needed to disinter and reinter. • court order is needed from probate court

• Any person who opens the grave or tomb where any corpse has been deposited, or removes any corpse from its place of sepulture, without consent • crime in most states.

A funeral director must be present during disposition as well as the proper permits

Government has the right to take over private property (including graves/cemeteries) and use it for public use.

Place where dead bodies are prepared pending disposition

place where dead bodies are held pending identification (ex. cook county morgue)

where dead bodies are prepared for funeral

Meaning that the funeral home has offended the public

Funeral Homes are not Nuisances per se

A funeral home that has caused others offense (Ex. poor care of funeral home, not complying with ordinances,etc)

statutes by local government with regard to location, parking, lighting, signs, waste disposal, cremation

– if 15 or more employees, funeral home must provide reasonable accommodation to do the job if does not cause undue hardship to funeral home

• Mandates that all businesses that extend credit (pay over time) to consumers apprise them of all aspects of the credit arrangements. (Funeral Home must give you a thorough financial statement if you’re taking out a loan/paying over time)

a) qualify as a creditor under the act – must extend credit more than 25 times in a year b) extends credit to a consumer - imposes a finance charge (a fee charged for the use of credit or the extension of existing credit.) in a transaction with a natural person OR, enters into a written agreement with a natural person with payments of more than four installments. (natural person=not a corporation or business) c) will extend to pre-need contracts

• allows employee 12 workweeks of unpaid leave if employed for 12 months for medical or other family needs. • Not applicable to businesses if less than 50 employees.

Cemetery that is owned and operated by a governmental body

A cemetery owned by individual, partnership, corporation or any non-governmental entity

Location is governed by zoning ordinances

Is not a nuisance per se (generally) but can become a nuisance in fact (ex. landscaping is neglected, graves sinking, monuments turned over, deserted)

Yes. The government can take over a cemetery (or cemetery land) for public use