The purposes of this chapter are:

(1) To help provide adequate protection for unmarked human burials and human skeletal remains found anywhere within the State, including subaqueous lands, but excluding those found anywhere on federal land.

(2) To provide adequate protection for unmarked human burials and human skeletal remains not within the jurisdiction of the Medical Examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities.

(3) To provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials.

(4) To provide for the dignified and respectful reinterment or other disposition of Native American, African American, and all other skeletal remains, including those of enslaved individuals and individuals of undetermined cultural affiliation.

66 Del. Laws, c. 38, § ?1; 75 Del. Laws, c. 153, §§ ?4, 5; 83 Del. Laws, c. 142, § 1;

Terms Used In Delaware Code Title 7 Sec. 5401

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical Examiner: means as defined in Chapter 47 of Title 29. See Delaware Code Title 7 Sec. 5402
  • remains: means any part of the body of a deceased human being in any stage of decomposition. See Delaware Code Title 7 Sec. 5402
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302