{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2808.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2808.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2808.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2808.2.html"}],"law_id":59456,"edition_id":1,"section_id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","history":"2012, cc. 24, 120; 2015, c. 138.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Eligible dependent” means a veteran’s spouse, a veteran’s unmarried child younger than 21 years of age, or veteran’s unmarried adult child who before the age of 21 became permanently incapable of self-support because of physical or mental disability.\n\t\t\t“Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of such association or entity.B\n\nIf the contracting agent has not claimed the cremains or instructed the funeral director as to final disposition within 90 days from the date of cremation, the funeral director shall provide names and any other identifying information of the unclaimed cremains to the Department of Veterans Services or a veterans service organization in order for the Department or organization to determine if the unclaimed cremains are those of a veteran or eligible dependent. The names and any personal identifying information submitted by a funeral director to the Department of Veterans Services or veterans service organization in compliance with this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).C\n\nThe Department of Veterans Services or veterans service organization shall notify the funeral director within 45 days of receipt of the information required by subsection B if the cremains are those of a veteran or eligible dependent and, if so, whether such veteran or eligible dependent is eligible for burial in a veterans cemetery in order to permit the transfer of the unclaimed cremains to a veterans cemetery. If the cremains are those of an eligible veteran or eligible dependent, a funeral director may transfer the cremains to the Department of Veterans Services or a veterans service organization for the purpose of disposition of such cremains.D\n\nNo disposal of the unclaimed cremains of an eligible veteran or eligible dependent shall be made until the funeral director has notified the Department of Veterans Services or a veterans service organization and has received a determination as to whether the cremains are those of an eligible veteran or eligible dependent. Absent bad faith or malicious intent, no funeral director who transfers the cremains of a veteran or eligible dependent to the Department of Veterans Services or a veterans service organization for purposes of disposition or a veterans service organization that receives cremains for the purposes of disposition as provided in this section shall be liable for civil negligence.","order_by":null,"text":{"0":{"id":217879,"text":"For the purposes of this section:\n\t\t\t“Eligible dependent” means a veteran’s spouse, a veteran’s unmarried child younger than 21 years of age, or veteran’s unmarried adult child who before the age of 21 became permanently incapable of self-support because of physical or mental disability.\n\t\t\t“Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of such association or entity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217880,"text":"If the contracting agent has not claimed the cremains or instructed the funeral director as to final disposition within 90 days from the date of cremation, the funeral director shall provide names and any other identifying information of the unclaimed cremains to the Department of Veterans Services or a veterans service organization in order for the Department or organization to determine if the unclaimed cremains are those of a veteran or eligible dependent. The names and any personal identifying information submitted by a funeral director to the Department of Veterans Services or veterans service organization in compliance with this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217881,"text":"The Department of Veterans Services or veterans service organization shall notify the funeral director within 45 days of receipt of the information required by subsection B if the cremains are those of a veteran or eligible dependent and, if so, whether such veteran or eligible dependent is eligible for burial in a veterans cemetery in order to permit the transfer of the unclaimed cremains to a veterans cemetery. If the cremains are those of an eligible veteran or eligible dependent, a funeral director may transfer the cremains to the Department of Veterans Services or a veterans service organization for the purpose of disposition of such cremains.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217882,"text":"No disposal of the unclaimed cremains of an eligible veteran or eligible dependent shall be made until the funeral director has notified the Department of Veterans Services or a veterans service organization and has received a determination as to whether the cremains are those of an eligible veteran or eligible dependent. Absent bad faith or malicious intent, no funeral director who transfers the cremains of a veteran or eligible dependent to the Department of Veterans Services or a veterans service organization for purposes of disposition or a veterans service organization that receives cremains for the purposes of disposition as provided in this section shall be liable for civil negligence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14000,"edition_id":1,"name":"Board of Funeral Directors and Embalmers","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13923,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":241755,"object_type":"structure","relational_id":14000,"identifier":"1","token":"54.1\/III\/28\/1","url":"\/54.1\/III\/28\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13923,"edition_id":1,"name":"Funeral Services","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241753,"object_type":"structure","relational_id":13923,"identifier":"28","token":"54.1\/III\/28","url":"\/54.1\/III\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76263,"structure_id":14000,"section_number":"54.1-2800","catch_line":"Definitions","url":"\/54.1-2800\/","token":"54.1\/III\/28\/1\/54.1-2800","metadata":false},{"id":56302,"structure_id":14000,"section_number":"54.1-2801","catch_line":"Exemptions","url":"\/54.1-2801\/","token":"54.1\/III\/28\/1\/54.1-2801","metadata":false},{"id":60746,"structure_id":14000,"section_number":"54.1-2802","catch_line":"Board; appointment; terms; vacancies; meetings; quorum","url":"\/54.1-2802\/","token":"54.1\/III\/28\/1\/54.1-2802","metadata":false},{"id":73998,"structure_id":14000,"section_number":"54.1-2803","catch_line":"Specific powers and duties of Board","url":"\/54.1-2803\/","token":"54.1\/III\/28\/1\/54.1-2803","metadata":false},{"id":64045,"structure_id":14000,"section_number":"54.1-2804","catch_line":"Licensing authority","url":"\/54.1-2804\/","token":"54.1\/III\/28\/1\/54.1-2804","metadata":false},{"id":84677,"structure_id":14000,"section_number":"54.1-2805","catch_line":"Engaging in the practice of funeral services or the business of preneed funeral planning or acting as a funeral director or embalmer without a license","url":"\/54.1-2805\/","token":"54.1\/III\/28\/1\/54.1-2805","metadata":false},{"id":65511,"structure_id":14000,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","url":"\/54.1-2806\/","token":"54.1\/III\/28\/1\/54.1-2806","metadata":false},{"id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","metadata":false},{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},{"id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","metadata":false},{"id":79482,"structure_id":14000,"section_number":"54.1-2807.03","catch_line":"Proof of next of kin status","url":"\/54.1-2807.03\/","token":"54.1\/III\/28\/1\/54.1-2807.03","metadata":false},{"id":72647,"structure_id":14000,"section_number":"54.1-2807.1","catch_line":"Confidentiality of information on infectious diseases","url":"\/54.1-2807.1\/","token":"54.1\/III\/28\/1\/54.1-2807.1","metadata":false},{"id":55082,"structure_id":14000,"section_number":"54.1-2808","catch_line":"Repealed","url":"\/54.1-2808\/","token":"54.1\/III\/28\/1\/54.1-2808","metadata":false},{"id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","metadata":false},{"id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","metadata":false},{"id":74092,"structure_id":14000,"section_number":"54.1-2808.3","catch_line":"Acceptance of third-party-provided caskets","url":"\/54.1-2808.3\/","token":"54.1\/III\/28\/1\/54.1-2808.3","metadata":false},{"id":81802,"structure_id":14000,"section_number":"54.1-2809","catch_line":"Penalties","url":"\/54.1-2809\/","token":"54.1\/III\/28\/1\/54.1-2809","metadata":false}],"previous_section":{"id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","metadata":false},"next_section":{"id":74092,"structure_id":14000,"section_number":"54.1-2808.3","catch_line":"Acceptance of third-party-provided caskets","url":"\/54.1-2808.3\/","token":"54.1\/III\/28\/1\/54.1-2808.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2808.2\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 24<\/a> and 120<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2015, chapter 138<\/a>.<\/p>","references":[{"id":79091,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","order_by":null,"url":"\/54.1-2808.1\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":241813,"object_type":"law","relational_id":59456,"identifier":"54.1-2808.2","token":"54.1\/III\/28\/1\/54.1-2808.2","url":"\/54.1-2808.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","dublin_core":{"Title":"Identification of unclaimed cremains of veterans and eligible dependents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2808.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Eligible dependent<\/span>” means a veteran’s spouse, a veteran’s unmarried child younger than 21 years of age, or veteran’s unmarried adult child who before the age of 21 became permanently incapable of self-support because of physical or mental disability.\n\t\t\t“Veterans service organization<\/span>” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of such association or entity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the contracting agent has not claimed the cremains or instructed the funeral director<\/span> as to final disposition<\/span> within 90 days from the date of cremation, the funeral director<\/span> shall provide names and any other identifying information of the unclaimed cremains to the Department of Veterans Services or a veterans service organization<\/span> in order<\/span> for the Department or organization to determine if the unclaimed cremains are those of a veteran or eligible dependent<\/span>. The names and any personal identifying information submitted by a funeral director<\/span> to the Department of Veterans Services or veterans service organization<\/span> in compliance with this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department of Veterans Services or veterans service organization<\/span> shall notify the funeral director<\/span> within 45 days of receipt of the information required by subsection B if the cremains are those of a veteran or eligible dependent<\/span> and, if so, whether such veteran or eligible dependent<\/span> is eligible for burial in a veterans cemetery in order<\/span> to permit the transfer of the unclaimed cremains to a veterans cemetery. If the cremains are those of an eligible veteran or eligible dependent<\/span>, a funeral director<\/span> may transfer the cremains to the Department of Veterans Services or a veterans service organization<\/span> for the purpose of disposition<\/span> of such cremains. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No disposal of the unclaimed cremains of an eligible veteran or eligible dependent<\/span> shall be made until the funeral director<\/span> has notified the Department of Veterans Services or a veterans service organization<\/span> and has received a determination as to whether the cremains are those of an eligible veteran or eligible dependent<\/span>. Absent bad faith or malicious<\/span> intent<\/span>, no funeral director<\/span> who transfers the cremains of a veteran or eligible dependent<\/span> to the Department of Veterans Services or a veterans service organization<\/span> for purposes of disposition<\/span> or a veterans service organization<\/span> that receives cremains for the purposes of disposition<\/span> as provided in this section shall be liable for civil negligence<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIDENTIFICATION OF UNCLAIMED CREMAINS OF VETERANS AND ELIGIBLE DEPENDENTS (\u00a7\n54.1-2808.2)\n\nA. For the purposes of this section:\n\t\t\t“Eligible dependent” means a veteran’s spouse, a\nveteran’s unmarried child younger than 21 years of age, or veteran’s\nunmarried adult child who before the age of 21 became permanently incapable of\nself-support because of physical or mental disability.\n\t\t\t“Veterans service organization” means an association or other\nentity organized for the benefit of veterans that has been recognized by the\nU.S. Department of Veterans Affairs or chartered by Congress and any employee or\nrepresentative of such association or entity.\n\nB. If the contracting agent has not claimed the cremains or instructed the\nfuneral director as to final disposition within 90 days from the date of\ncremation, the funeral director shall provide names and any other identifying\ninformation of the unclaimed cremains to the Department of Veterans Services or\na veterans service organization in order for the Department or organization to\ndetermine if the unclaimed cremains are those of a veteran or eligible\ndependent. The names and any personal identifying information submitted by a\nfuneral director to the Department of Veterans Services or veterans service\norganization in compliance with this section shall be exempt from disclosure\nunder the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).\n\nC. The Department of Veterans Services or veterans service organization shall\nnotify the funeral director within 45 days of receipt of the information\nrequired by subsection B if the cremains are those of a veteran or eligible\ndependent and, if so, whether such veteran or eligible dependent is eligible for\nburial in a veterans cemetery in order to permit the transfer of the unclaimed\ncremains to a veterans cemetery. If the cremains are those of an eligible\nveteran or eligible dependent, a funeral director may transfer the cremains to\nthe Department of Veterans Services or a veterans service organization for the\npurpose of disposition of such cremains.\n\nD. No disposal of the unclaimed cremains of an eligible veteran or eligible\ndependent shall be made until the funeral director has notified the Department\nof Veterans Services or a veterans service organization and has received a\ndetermination as to whether the cremains are those of an eligible veteran or\neligible dependent. Absent bad faith or malicious intent, no funeral director\nwho transfers the cremains of a veteran or eligible dependent to the Department\nof Veterans Services or a veterans service organization for purposes of\ndisposition or a veterans service organization that receives cremains for the\npurposes of disposition as provided in this section shall be liable for civil\nnegligence.\n\nHISTORY: 2012, cc. 24, 120; 2015, c. 138.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}