HB359 • 2025

AN ACT TO AMEND TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF HUMAN REMAINS.

Healthcare

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Neal
Last action: 2026-06-25
Official status: Passed 6/25/26
Effective date: Not listed

Plain English Breakdown

The official status shows the bill passed both chambers, but no effective date or Governor's signature is listed in the provided material.

Changes to Rules for Burying Unclaimed Bodies

This law allows Delaware officials to bury or cremate unclaimed bodies of people with no money without needing written permission from family members.

What This Bill Does

Allows the state to arrange burial or cremation for indigent individuals whose remains are unclaimed.
Removes the requirement for written consent from next of kin before burying or cremating these bodies.
Requires that natural organic reduction and donation for research still have written permission from family members.
Directs the Department of Health and Social Services to set uniform standards for burial costs.
Mandates that officials choose services at the lowest local cost available.

Who It Names or Affects

Indigent individuals whose bodies are unclaimed after death
The Division of Social Services within the Department of Health and Social Services
Chief Medical Examiners or their authorized representatives

Terms To Know

indigent person: A person who has very little money or no resources to pay for burial costs.
unclaimed body: Remains of a deceased person where no family member or responsible party comes forward to handle the funeral arrangements.

Limits and Unknowns

The law does not change rules for natural organic reduction, which still requires written consent from next of kin.
The text states goals like reducing costs and environmental impact but does not list specific dollar amounts or space savings.
The effective date is not listed in the provided source material.

Bill History

2026-06-25 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2026-06-17 Delaware General Assembly
Reported Out of Committee (Health & Social Services) in Senate with 7 Favorable
2026-05-05 Delaware General Assembly
Passed By House. Votes: 37 YES 4 ABSENT
2026-05-05 Delaware General Assembly
Assigned to Health & Social Services Committee in Senate
2026-04-22 Delaware General Assembly
Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 9 On Its Merits
2026-04-15 Delaware General Assembly
Introduced and Assigned to Health & Human Development Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF HUMAN REMAINS.
This Act permits the State to bury or cremate an unclaimed body or remains of an indigent individual without requiring written consent of the next of kin or other legally responsible party.
This statutory change will reduce costs, conserve cemetery space, and reduce environmental impacts by limiting formaldehyde exposure in the soil.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Neal & Sen. Poore

Reps. K. Johnson, Berry, Chukwuocha, Snyder-Hall, Harris; Sens. Huxtable, Hansen, Hoffner, Seigfried, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 359

AN ACT TO AMEND TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF HUMAN REMAINS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4711, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4711. Disposition of

unclaimed body or remains of

indigent person [For application of this section, see 84 Del. Laws, c. 261, § 16].

(a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdivision thereof to bury

or cremate

such person found dead, the Chief Medical Examiner or a duly authorized representative shall notify the Division of Social Services of the Department of Health and Social Services to arrange for the burial

or cremation of the unclaimed body or remains of an indigent person

unless the case falls within the category described in subsection (b) of this section.

(b) When there is a written consent of the next of kin or other legally responsible party, the remains of an indigent person may be subjected to natural organic

reduction, cremated,

reduction

or donated for scientific research.

Section 2. Amend § 110, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 110. Burial

or cremation

expenses of

indigent person.

An indigent person’s remains may be buried

or cremated

at public expense on the order of the Division of Social Services. Uniform standards for such burial

or cremation

shall be established by the Department of Health and Social Services. The fee shall be established by the Department at the lowest cost for which burial

or cremation

services which meet the standards can be locally obtained.

In the event that

If there are

funds

are

available from social security, Veterans’

Administration

Administration,

or any other benefits or insurance, the compensation allowed to be paid for burial

or cremation

shall be reduced by the amount available from such benefits or insurance.

SYNOPSIS

This Act permits the State to bury or cremate an unclaimed body or remains of an indigent individual without requiring written consent of the next of kin or other legally responsible party.

This statutory change will reduce costs, conserve cemetery space, and reduce environmental impacts by limiting formaldehyde exposure in the soil.