1997 Minnesota Statutes

     149A.96 Disinterment and reinterment. 

    Subdivision 1.    Written authorization.  Except as 
 provided in this section, no dead human body or human remains 
 shall be disinterred and reinterred without the written 
 authorization of the person or persons legally entitled to 
 control the body or remains and a 
 disinterment-transit-reinterment permit properly issued by the 
 local registrar or subregistrar.  Permits shall contain the 
 information required on the permit form as furnished by the 
 commissioner and shall be signed by the local registrar or 
 subregistrar and the person in legal custody of the body, and, 
 where appropriate, the mortician, intern, or practicum student 
 who embalmed the body, the person in charge of the conveyance in 
 which the body will be moved, or the person in charge of the 
 place of final disposition.  Where a funeral establishment name 
 is used in signing a permit, it must be supported by the 
 personal signature of a licensee employed by the funeral 
 establishment. 

    Subd. 2.    Interment defined.  For purposes of this 
 section, "interment" means final disposition by burial or 
 entombment.  Bodies held in a receiving vault for nonwinter 
 burials pursuant to a directive from the person or persons with 
 legal right to control final disposition and section 306.99 
 shall not be considered interred for purposes of this section. 

    Subd. 3.    Exception; movement within a dedicated 
 cemetery.  The authorities in charge of a cemetery may 
 disinter and reinter a body or remains within the same dedicated 
 cemetery upon receipt of the written and notarized authorization 
 of the person or persons with the right to control the 
 disposition as described in section 149A.80. 

    Subd. 4.    Disinterment procedure; removal from dedicated 
 cemetery.  No dead human body or human remains shall be 
 disinterred and removed from a dedicated cemetery for 
 reinterment elsewhere without a written and notarized 
 authorization from the person or persons with the legal right to 
 control the disposition and a disinterment-transit-reinterment 
 permit issued by the local registrar or subregistrar.  The 
 person or persons requesting the disinterment and reinterment 
 must obtain a copy of the death certificate showing the manner 
 and location of final disposition.  The copy of the death 
 certificate along with written and notarized authorization to 
 disinter and reinter obtained from the person or persons with 
 legal right to control the body as expressed in section 149A.80, 
 and a written and notarized statement of the reasons for 
 requesting disinterment, the manner in which the body or remains 
 will be disinterred and transported, the location of 
 reinterment, and whether there are any known parties who oppose 
 the disinterment shall be submitted to the registrar or a 
 subregistrar in the registration district or county where the 
 body or remains are interred.  If the request for disinterment 
 is unopposed, the registrar or subregistrar shall issue a 
 disinterment-transit-reinterment permit.  If the disinterment is 
 opposed, no permit shall issue until the registrar or 
 subregistrar receives a certified copy of a court order showing 
 reasonable cause to disinter. 

    Subd. 5.    Reasonable cause to disinter; factors to be 
 considered.  A presumption against removal operates against 
 anyone who seeks to have a body or remains disinterred.  To 
 overcome the presumption, the party requesting disinterment must 
 show reasonable cause for disinterment.  A district court in the 
 district where the body or remains are interred shall consider 
 the following factors when deciding whether reasonable cause for 
 disinterment exists: 

    (1) the degree of relationship that the party seeking 
 disinterment bears to the body or remains; 

    (2) the degree of relationship that the party seeking to 
 prevent disinterment bears to the body or remains; 

    (3) if applicable, the expressed wishes of the decedent; 

    (4) the conduct of the party requesting disinterment, 
 especially as it may relate to the circumstances of the original 
 interment; 

    (5) the conduct of the party opposing disinterment, 
 especially as it may relate to the circumstances of the original 
 interment; 

    (6) the length of time that has elapsed since the original 
 interment; 

    (7) the strength of the reasons offered both in favor of 
 and in opposition to disinterment; and 

    (8) the integrity and capacity of the party seeking 
 disinterment to provide a secure and comparable resting place 
 for the body or remains. 

    Subd. 6.    Transportation of disinterred bodies.  All 
 disinterred bodies or remains removed from a dedicated cemetery 
 shall be transported in an appropriate container and manner. 

    Subd. 7.    Filing of documentation of disinterment and 
 reinterment.  The cemetery where the body or remains were 
 originally interred shall retain a copy of the 
 disinterment-transit-reinterment permit, the authorization to 
 disinter, the death certificate, and, if applicable, the court 
 order showing reasonable cause to disinter.  Until the body or 
 remains are reinterred the original permit and other 
 documentation shall be in the possession of the person in 
 physical or legal custody of the body or remains, or attached to 
 the transportation container which holds the body or remains.  
 At the time of reinterment, the permit and other documentation 
 shall be filed according to the laws, rules, or regulations of 
 the state or country where reinterment occurs.  Where the body 
 or remains are to be removed from a dedicated cemetery for 
 reinterment elsewhere, the authority issuing the 
 disinterment-transit-reinterment permit shall forward a 
 photocopy of the issued permit to the commissioner to be filed 
 with the original death certificate. 

    Subd. 8.    Opening of disinterred caskets or alternative 
 containers.  The opening of any disinterred casket or 
 alternative container is prohibited except when so ordered by a 
 court of competent jurisdiction. 

    Subd. 9.    Cremated remains.  Subject to section 
 149A.95, subdivision 16, inurnment of the cremated remains and 
 release to an appropriate party is considered final disposition 
 and no further permits or authorizations are required for 
 disinterment, transportation, or placement of the cremated 
 remains. 

    Subd. 10.    Penalty for noncompliance.  In addition to 
 any disciplinary action or measures taken by the commissioner 
 pursuant to this chapter, any person violating this section may 
 be guilty of a felony pursuant to section 307.08, subdivision 2. 

    HIST: 1997 c 215 s 42