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HB359 • 2025

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

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

Passed Legislature

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

Sponsor
Neal
Last action
2026-05-05
Official status
Senate Health & Social Services 5/5/26
Effective date
Not listed

Plain English Breakdown

The bill summary mentions cost reduction and conservation of cemetery space but does not provide specific details on these impacts.

Act to Change Rules for Unclaimed Bodies of Poor People

The bill allows the state to bury or cremate unclaimed bodies of poor people without needing permission from family members.

What This Bill Does

  • Allows the state to handle unclaimed bodies of indigent individuals by burial or cremation without written consent from next of kin or other responsible parties.

Who It Names or Affects

  • The state and its political subdivisions
  • Indigent individuals whose remains are unclaimed

Terms To Know

indigent person
A person who is very poor and cannot afford basic necessities.
next of kin
The closest living relative or relatives of a deceased person.

Limits and Unknowns

  • It does not specify how much money will be saved or how cemetery space will be conserved.
  • There are no details on the environmental impact from reduced formaldehyde exposure.
  • The bill has passed both chambers but its final approval and implementation date are unknown.

Bill History

  1. 2026-05-05 Delaware General Assembly

    Passed By House. Votes: 37 YES 4 ABSENT

  2. 2026-05-05 Delaware General Assembly

    Assigned to Health & Social Services Committee in Senate

  3. 2026-04-22 Delaware General Assembly

    Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 9 On Its Merits

  4. 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

an

unclaimed body or remains of

an

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

an

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.