Sec. 7-68a. Application to Probate Court for disinterment of remains of child buried in a multiple interment within common hospital-supplied container. Hearing. Order of disinterment. Sexton and Chief
Sec. 7-68a. Application to Probate Court for disinterment of remains of child
buried in a multiple interment within common hospital-supplied container. Hearing. Order of disinterment. Sexton and Chief Medical Examiner to determine
whether remains are sufficiently identifiable. Liability of parent. (a) Any parent of
a deceased child who was buried in a multiple interment within a common hospital-supplied container on or after June 1, 1981, but not later than June 30, 1981, may request
the disinterment of the remains of such child for the purpose of removal and reinterment
of the remains by making application for such disinterment with the probate court for
the district in which such parent resides or in which the remains of such child are interred.
A copy of the death certificate of such child and the disinterment permit required by
section 7-67 shall be filed with such application.
(b) The probate court, upon receipt of such application, shall schedule a hearing. If
the court finds that there is a likelihood that the remains of such child will be sufficiently
identifiable, the court shall order disinterment in accordance with subsection (c) of this
section.
(c) Upon order of disinterment of the probate court, a sexton shall permit the disinterment of the remains of such child. Upon the disinterment of the common hospital-supplied container, the Chief Medical Examiner, in consultation with the sexton, shall
determine whether the remains of such child are sufficiently identifiable. If the remains
are found to be sufficiently identifiable, the remains of such child shall be removed for
reinterment in accordance with the wishes of the person who requested disinterment. If
the remains are not sufficiently identifiable, the common hospital-supplied container
shall be reinterred.
(d) No person, other than the parent requesting the disinterment, shall be liable for
damages or subject to criminal prosecution for any disinterment in accordance with this
section. The parent requesting the disinterment shall be liable for any costs incurred
with respect to such disinterment.
(P.A. 93-279, S. 18.)