Delaware Code Title 7 Sec. 5404 – Discovery of remains and notification of authorities
(a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being encountered shall notify immediately the Medical Examiner or the Director.
Terms Used In Delaware Code Title 7 Sec. 5404
- Director: means the Director of the Division of Historical and Cultural Affairs, Department of State. See Delaware Code Title 7 Sec. 5402
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Medical Examiner: means as defined in Chapter 47 of Title 29. See Delaware Code Title 7 Sec. 5402
- Person: means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof. See Delaware Code Title 7 Sec. 5402
- Professional archaeologist: means a person having all of the following qualifications:
- remains: means any part of the body of a deceased human being in any stage of decomposition. See Delaware Code Title 7 Sec. 5402
(b) When any person encounters unmarked burials or human skeletal remains as a result of construction, agricultural, or any other ground-disturbing activities, the person shall cease the ground-disturbing activity immediately upon discovery and notify the Medical Examiner or the Director of the discovery.
(c) Human burials or human skeletal remains which are encountered by a professional archaeologist as a result of survey or excavations must be reported to the Director. Excavation and other activities may resume after written approval is provided by the Director. The treatment, analysis, and disposition of the remains shall conform to the provisions of this chapter.
(d) The Director shall notify the Chief Medical Examiner of any reported human skeletal remains discovered by a professional archaeologist.
66 Del. Laws, c. 38, § ?1; 75 Del. Laws, c. 153, § ?4; 83 Del. Laws, c. 142, § 1;