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County coroner raises indigent-burial questions; commission asks county attorney to draft policy

2237725 · February 6, 2025

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Summary

Cleburne County coroner described recurring cases where remains are released to funeral homes but families later decline custody; commissioners directed the county attorney to draft a policy clarifying authority, signatures and disposition of cremains.

The county coroner described several recent instances in which the county paid for cremations when the next of kin either could not be found or declined disposition. The coroner asked the commission to explore a formal indigent-burial policy to address custody of cremated remains, reimbursement and documentation requirements.

"What do we do at that point? Do we hold the remains? Do we bury the remains? Do we give the remains back to the family?" the coroner asked, describing a recent case in which remains were cremated, a funeral home returned the cremains and the family later sought them but had not paid the funeral-home fee. The coroner said counties he consulted sometimes require a family to reimburse the county the funeral-home price in order to receive the cremains.

Commissioners discussed current practices. The coroner said he often receives only verbal release instructions from families and sometimes lacks a signed authorization when a body is transferred to a funeral home. He reported the office is holding roughly "five or six" sets of cremains from prior terms.

Commissioners asked the county attorney, Jason, to prepare a written policy or ordinance clarifying: - What documentation is required before releasing a body or cremains to a funeral home or family; - Whether the county may require reimbursement of cremation costs before releasing cremains; and - How long the county may lawfully retain cremains and whether a county-owned burial vault should be provided.

One commissioner suggested purchasing a burial vault to store county-held cremains until a policy is adopted. The coroner said some counties keep cremated remains in a secure vault and inter them after the vault fills.

Ending: Commissioners agreed to ask the county attorney to draft a policy for later review; no formal ordinance or resolution was adopted during the work session.