08/11/2008

Indigent Funeral Statute Renumbered

By T. Scott Gilligan, OFDA General Counsel

In the 2001 budget crunch, former 5101.52 of the Ohio Revised Code, which provided for a $750 state contribution for the funding of burials and cremations of indigents, was repealed. This left the funding for the burials and cremation of deceased indigents strictly up to the township, municipality, or county where the indigent resided. The law imposing that statutory responsibility was found in 5101.521
of the Ohio Revised Code.

In the 2007 budget bill (HB 119), 5101.521 was renumbered and taken out of Chapter 51. It is now located in 9.15 of the General Provisions preamble to the Ohio Revised Code. Nothing has changed in the statute, except for its location. However, since it is now more difficult to locate, OFDA wanted to alert its members the statutory obligation of townships, municipalities and counties to pay for the burial or cremation of indigent residents is still part of the law of Ohio. If government officials inform you townships, municipalities and counties no longer have the responsibility because 5101.521 was repealed, make sure you correct them and point them to 9.15 of the General Provisions of the Ohio Revised Code.

If any OFDA member has any questions regarding this article, please contact Scott Gilligan at 513-871-6332.