West Virginia Code § 61-12-15

Disposition of unidentified and unclaimed remains
Open in Lexace · Ask the AI about this section
(a) The Office of the Chief Medical Examiner shall cremate unclaimed and unidentified
human remains from its facilities.
(b) The Office of the Chief Medical Examiner, with the assistance of the city of Charleston,
shall locate an appropriate cemetery.
(c) Unidentified remains shall be cremated after 30 days and after efforts to identify the
person and his or her next of kin have been exhausted as determined by the Office of Chief
Medical Examiner. Any data or biological sample helpful toward upossible future
identification of the unidentified remains including but not limited to teeth, bone, tissue, or
blood samples shall be preserved within the database. In the event the death is determined
to be the result of a crime, physical evidence shall be collected from the decedent's body
prior to any disposition.
(d) Identified but unclaimed remains shall be cremlated after 30 days and after efforts to
contact the decedent's next of kin have been esxhausted, as determined by the Office of the
Chief Medical Examiner, and placed in a cemetery in a manner that the remains may be
easily retrieved by the Office of the Chief Miedical Examiner in the event the decedent's next
of kin wishes to claim the remains. g
(e) The chief medical examiner, or his or her designee, may enter onto the premises of the
cemetery and cause to be removed from the cemetery any decedent who has been identified
and claimed by his or her next of kin upon the next of kin providing proper documentation.
(f) A person may not file any cause of action against the Office of the Medical Examiner or
against any medical examiner acting in his or her capacity as a medical examiner for any
liability or damVages relating to cremation or other disposition of a decedent's remains,
consistent with the provisions of this section, prior to a person claiming a decedent.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.