                                 CODE OF VIRGINIA

IDENTIFICATION OF UNCLAIMED CREMAINS OF VETERANS AND ELIGIBLE DEPENDENTS (§
54.1-2808.2)

A. For the purposes of this section:
			&#8220;Eligible dependent&#8221; means a veteran&#8217;s spouse, a
veteran&#8217;s unmarried child younger than 21 years of age, or veteran&#8217;s
unmarried adult child who before the age of 21 became permanently incapable of
self-support because of physical or mental disability.
			&#8220;Veterans service organization&#8221; 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. 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 (&#xA7; 2.2-3700 et seq.).

C. 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.

D. 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.

HISTORY: 2012, cc. 24, 120; 2015, c. 138.