180 R.I. Code R. 180-RICR-20-00-1.5

Current through December 3, 2024

Section 180-RICR-20-00-1.5 - General Procedures on Disinterments

A. Except as provided for in this section and in § 1.1 of this Part, disinterment and removal of remains from the RIVMC for reinterment in another location within the cemetery or to be transferred for reinterment in another cemetery is not permitted.

B. Procedures for Making Requests

1. Requests for disinterment and removal of remains shall be made to the Director of Veterans Services through the RIVMC Administration Office. As specified in § 1.5(D) of this Part, the nature of the request and the responsibilities of both RIVMC and the person(s) making application will vary depending on whether the decedent's remains are to be re-interred in another location in RIVMC or transferred to a different cemetery.

2. The removal of remains may require a funeral director and an associated legal permit. The cost of the funeral director or any other legal requirements are the responsibility of the person making the request.

3. The next of kin desiring to have the remains of a person disinterred from one (1) gravesite in the RIVMC for reinterment to another gravesite at the RIVMC must complete the required application with notarized signatures of all immediate family members.

C. General Requirements

1. All requests for disinterment and removal of remains shall only be considered for approval when the following conditions are met:

a. Application. The person(s) requesting disinterment and removal of the remains shall submit a completed and signed RIVMC Form # 1.10.050 A that contains the following:

(1) Identifying information about the deceased and the specific purposes to be served by the disinterment and removal of the remains;

(2) Written consent of the decedent's next of kin, or representatives thereof, to the disinterment and removal of remains as specified below in § 1.5(D) of this Part;

(3) The location of the reinterment of the decedent's remains, whether in the RIVMC or another cemetery; and

(4) A sworn affidavit from the person(s) making the request indicating the information provided in the application is true and correct.

b. Consent. All immediate family members of the decedent, and the person(s) who initiated the decedent's interment in the RIVMC, shall provide written consent for the disinterment and removal of the remains. Such consent is not necessary if so ordered by a State or Federal court, or another State instrumentality of competent jurisdiction.

(1) For the purposes of this section, an immediate family member means a person related by blood or marriage including any spouse, children, siblings, and parents.

(2) The RIVMC may consider an order from a court of competent jurisdiction if the required consent of immediate relatives cannot be obtained for reasons the court deems to be both reasonable and legitimate. Any person(s) seeking such a court order shall not include the Office of Veterans Services, the RIVMC, or any officials thereof to be party when requesting court action.

D. Requirements Pertaining to Reinterment Location

1. The person(s) making the request must indicate clearly on the application whether the decedent's remains are to be removed and reinterred by RIVMC in another location of the RIVMC or are to be disinterred for removal and transfer to a different cemetery. Depending on the location selected, the respective responsibilities of RIVMC and the applicant shall vary in accordance with this subsection.

2. Reinterment in the RIVMC. RIVMC cannot accommodate specific location requests for reinterments; all reinterments will be made in the active burial field at the time of the request. When a request is approved to move a decedent's remains to another location in the cemetery, the RIVMC shall be responsible for providing only those services required to disinter, remove, and re-inter the decedent's remains in accordance with applicable procedures and safety standards. Upon making the request, the applicant, the decedent's next of kin, or a representative thereof must agree to accept the responsibility for:

a. Arranging and paying for any ancillary services that the RIVMC is not bound to provide by law, regulation, or established procedures, and

b. Cooperating with the RIVMC, to the extent necessary, in complying with any applicable Regulations set by the RIMVC or any other Federal, state, or local governing authority.

c. Inquiries as to whether a particular service is an ancillary service should be made directly to the Cemetery Administrator.

3. Disinterment and Transfer. When the decedent's remains are to be transferred for reinterment in a cemetery other than the RIVMC, the RIMVC is responsible only for opening the grave to two feet (2') below the ground surface. Upon making the request for disinterment of remains for transfer, the applicant, the decedent's next of kin, or a representative thereof must agree to accept responsibility for:

a. Arranging and paying for all services required to disinter, remove, and transfer the decedent's remains for burial in another cemetery; and

b. Assuring that any individual/firm selected to disinter, remove, and transfer the decedent's remains complies fully with the applicable safety Regulations, established by the Rhode Island Department of Health.

E. Review and Written Decision Within fourteen (14) days from the receipt of the required forms, the Director (or his or her designee), will review the application requesting the disinterment and removal of the decedent's remains and render a decision either approving or denying the request.

F. Exclusions and Limits

1. Liability. The RIVMC shall not be held liable in any way for the condition of the decedent's remains once disinterred. In addition, the RIVMC is not responsible for scope, quality, timeliness, or cost of services rendered by an individual/firm acting on the behalf of some other person or entity for the purposes of providing any ancillary services, as indicated in § 1.5(D) (1) of this Part, or such services that may be required to transfer the decedent's remains for reinterment in another cemetery other than as specified explicitly in § 1.5(D)(3) of this Part.

2. Scheduling. RIVMC retains sole discretion to determine when any of the services associated with an approved request are provided, irrespective of whether such services are the responsibility of the RIMVC or its authorized agent, or an individual or firm acting on behalf of the person(s) making the request.

180 R.I. Code R. 180-RICR-20-00-1.5

Amended effective 2/2/2021