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"A cemetery may be considered as abandoned when all or practically all of the bodies have been Removed therefrom and no bodies have been buried therein for a great many years, and the cemetery has been so long neglected as entirely to lose its identity as such, and is no longer known, recognized and respected by the public as a cemetery. 1953 OAG 2978."

Showing posts with label Indigent Burials. Show all posts
Showing posts with label Indigent Burials. Show all posts

Sunday, July 5, 2020

Sharing Links to a 3-Part Story that ran online in April, 2020 - Indigent Burials in Ohio - The crucial details both consumers and cemetery owners & operators should be made aware of.

Sharing links to a 3-part series spotlighting details pertinent to the handling of indigent burials in the State of Ohio.  
This series appeared online in the "The Athens Messenger" (Athens, Athens County, Ohio). 
I feel that each installment in this in-depth study was well-researched in content with clarity being a strong point in overall presentation by the author Conor Morris.
The first article appeared online Wednesday, April 15, 2020 - 
"Little-known law:
 In Ohio, localities must pay for indigent burials." 


**Note: it appears that the intent was for this information to be presented in a two-part series, however, ultimately the subject matter was covered in three-parts by this newspaper.  
The second installment in the series appeared online on 
"Money for indigent burials not being used in Ohio."
The third article in the series appeared online on 
"Burials are expensive; Ohio law helps some, but few know."
Further, the final installment features a downloadable 5-page document "Attachment A"
This document defines the following criteria as outlined by the U. S. Census Bureau.:
Income, comprised of 23 components which are listed.  
Included also is a 2 item listing of what is NOT considered income.:  Non-cash benefits -- food stamps and housing subsidies, cited as two examples.  
Also, all of the details of a household including the number of people living in it.  
Types of incomes such as alimony, child support, dividends, earnings, educational assistance, financial assistance from outside of the household, Interest, Other income, Pension or Retirement, Public Assistance or Welfare Payments, Rents, Royalties, Estates and Trusts, Social Security, Supplemental Security Income (SSI), Veterans' Payments, Workers' Compensation. 
The final two pages on the PDF document are the application itself.  
For further reference regarding indigent burials; and the one cited in this series is: 

"9.15 Burial or cremation of body at expense of township or municipal corporation."

"As used in this section, "legal residence" means a permanent place of abode used or occupied as living quarters at the time of a person's death, including a nursing home, hospital, or other care facility.
When the body of a dead person is found in a township or municipal corporation, 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 section 1713.34 of the Revised Code, it shall be disposed of as follows:
(A) If the person was a legal resident of the county, the proper officers of the township or municipal corporation in which the person's body was found shall cause it to be buried or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death.
(B) If the person had a legal residence in any other county of the state at the time of death, the superintendent of the county home of the county in which such body was found shall cause it to be buried or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death.
(C) If the person was an inmate of a correctional institution of the county or a patient or resident of a benevolent institution of the county, the person had no legal residence in the state, or the person's legal residence is unknown, the superintendent shall cause the person to be buried or cremated at the expense of the county.
Such officials shall provide, at the grave of the person or, if the person's cremated remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which the person's name and age, if known, and date of death shall be inscribed.
A political subdivision is not relieved of its duty to bury or cremate a person at its expense under this section when the body is claimed by an indigent person. As used in this section, "indigent person" means a person whose income does not exceed one hundred fifty per cent 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," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the person's family."
Amended by 131st General Assembly File No. TBD, HB 240, §1, eff. 8/31/2016.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.

Effective Date: 2007 HB119 09-29-2007 
On a related subject.:
From Sapling.com:
"Indigent Funeral Guidelines for Ohio" written by Julie Richards
Regarding Ohio Township Trustees and Fiscal Officers, please refer to.:
The Ohio Township Association and its publications that routinely cover cemetery / burial related topics in their issues.:
 The monthly newsletter:
and the bi-monthly magazine:
A featured article in the July/August, 2020 issue of "Ohio Township News"magazine  - Pages 22 - 23 entitled:
 "Grave Responsibilities - The Rights and Obligations of Townships Toward Indigent & Unclaimed Decedents"- by Attorney Benjamin S. Albrecht and Helen Sudhoff, law clerk, both of the law firm Fishel Downey Albrecht and Riepenhoff, L.L.P. -- this is an excellent resource to utilize as a reference covering an in-depth discussion on this entire topic. 

From Funeral.Ohio.Gov
the State of Ohio Board of Embalmers and Funeral Directors:
"Indigent Burial and Cremation Support Program."

Thursday, April 23, 2020

Sharing the Second in Series of: " Money for indigent burials not being used in Ohio"

By Conor Morris

"Editor’s note: 
This is the second in a three-part series on a little-known Ohio law about townships and cities’ responsibility to pay for the burial of those who are indigent (we had to break it into a third part due to space limitations in this edition). Check out the third part in our next edition on April 30." 

Excerpt:
"As The NEWS reported last week, one can scan the websites for dozens of Ohio’s cities, townships and villages and not find a single reference to their responsibility to pay for these burials, which, granted, are typically done at minimal costs, meaning the indigent person is typically cremated and only given a simple marker in a graveyard of the localities’ choice."

Friday, April 17, 2020

Sharing this story: "Little-known law: In Ohio, localities must pay for indigent burials"

Sharing this story titled.:
by
Conor Morris
April 15, 2020
from "The Athens News"
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Pedigo Cemetery, in York Township, Athens County, Ohio is mentioned in this story.  
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Pedigo is a small cemetery.  
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A link to the Ohio Revised Code (ORC) that applies to the subject of indigent burials quoted in this article.:

Saturday, February 1, 2020

Sharing this news story: "Elyria Cemeteries May see changes for Headstones"

This feature story centers around the increasing costs of conducting indigent burials in Elyria (Lorain County) Ohio.
 Excerpt:
"The proposal presented at the committee meeting is asking for those who have indigent burials and intend to purchase a headstone to pay a $350 fee for a plot and the footer fee for the headstone."
 

Elyria has three cemeteries.  Ridgelawn Cemetery, being its most historic cemetery; Brookdal Cemetery which is also known as the Elyria City Cemetery, and North Murray Ridge Cemetery which is a smaller pioneer cemetery with some more recent burials.  
Ohio Revised Code 5121.11 :

"Burial or cremation of indigent patient or resident"

"The state shall bear the expense of the burial or cremation of an indigent resident who dies in a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code or in a state correctional institution if the body is not claimed for interment or cremation at the expense of friends or relatives or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. 
The managing officer of the institution shall provide at the grave of the person or, if the person's cremated remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which shall be inscribed the name and age of the person and the date of death.

Amended by 128th General Assembly 
ch.29, SB 79, §1, eff. 10/6/2009.
Effective Date: 08-05-1998; 01-01-2006"
 


Excerpt:
"The state laws of Ohio are explicitly clear about the guidelines of indigent funerals. 

The rising cost of funerals means families faced with unexpected deaths may not be able to afford a funeral for their loved ones. 

Prior to 2001, the state of Ohio paid $750 for the funeral of an indigent person claimed by the family. The law was repealed and the cost, as of 2011, falls upon the cities and municipalities of the state."
 

"Burial or cremation of body at expense of township or municipal corporation."

"As used in this section, "legal residence" means a permanent place of abode used or occupied as living quarters at the time of a person's death, including a nursing home, hospital, or other care facility.

When the body of a dead person is found in a township or municipal corporation, 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 section 1713.34 of the Revised Code, it shall be disposed of as follows:

(A) If the person was a legal resident of the county, the proper officers of the township or municipal corporation in which the person's body was found shall cause it to be buried or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death. 

(B) If the person had a legal residence in any other county of the state at the time of death, the superintendent of the county home of the county in which such body was found shall cause it to be buried or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death. 

(C) If the person was an inmate of a correctional institution of the county or a patient or resident of a benevolent institution of the county, the person had no legal residence in the state, or the person's legal residence is unknown, the superintendent shall cause the person to be buried or cremated at the expense of the county. 

Such officials shall provide, at the grave of the person or, if the person's cremated remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which the person's name and age, if known, and date of death shall be inscribed.

A political subdivision is not relieved of its duty to bury or cremate a person at its expense under this section when the body is claimed by an indigent person. As used in this section, "indigent person" means a person whose income does not exceed one hundred fifty per cent 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," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the person's family."
~*~*~*~*~
Amended by 131st General Assembly File No. TBD, HB 240, §1, eff. 8/31/2016.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Effective Date: 2007 HB119 09-29-2007 
  
Further updates to come:
"Through the 19th of this month, we had nine burials and four were indigent. 
The money we put out just this month is very costly to us.”
Council could start to discuss the issue Feb. 3.