Bill would allow cremation of unclaimed remains as Delaware cites shortage of burial plots

Senator Poore introduced HB359, explaining the bill permits the state to cremate or bury unclaimed and indigent remains in cases where next of kin cannot be found or when there are no family objections on file. The sponsor told the committee that burial plots are scarce—stating 0 plots remaining in New Castle County, roughly 50 in Kent County and roughly 210 in Sussex County—and that the state recorded 83 indigent burials last year.

Senator Poore said adding cremation as an option would reduce costs (he described cremation as roughly one‑third the cost of burial) and avoid introducing formaldehyde into soil. He emphasized the bill is not intended to override family rights: when next of kin provides written consent, remains may still be buried or handled according to the deceased’s directives.

Committee members asked about the process used to identify next of kin. James Berryhill described current procedures: when an unclaimed body is reported, the state posts notice in a newspaper for at least three days and conducts asset and next‑of‑kin verification before making a disposition decision. The sponsor and state staff said DHSS is developing policies and procedures to honor religious preferences and advance directives wherever possible.

Josh Schoenberg, a third‑generation licensed funeral director, told the committee he did not oppose HB359 but urged care to preserve any authority of next of kin to authorize cremation when they exist. The sponsor acknowledged that written consent by next of kin would be honored under the bill and called attention to the state's limited burial capacity as a driver for the change.

No formal vote on HB359 was recorded in the hearing; the committee took public comment and discussion before moving to subsequent agenda items.