(1) A funeral establishment in possession of an eligible decedent shall, upon request of a veterans’ remains coordinator, release the veteran status information associated with the eligible decedent to the veterans’ remains coordinator.

Terms Used In Oregon Statutes 97.240

  • Decedent: A deceased person.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(2) A veterans’ remains coordinator may use the veteran status information received under subsection (1) of this section only for disclosure to the United States Department of Veterans Affairs to verify the interment benefits of an eligible decedent.

(3) A funeral establishment in possession of unclaimed cremated remains shall, upon request of a veterans’ remains coordinator, provide reasonable assistance to the veterans’ remains coordinator to identify and establish that the unclaimed cremated remains meet the definition of ‘eligible decedent’ under ORS § 97.234.

(4) A funeral establishment in possession of an eligible decedent shall, upon request by a veterans’ remains coordinator, release the eligible decedent to a person authorized, under rules promulgated by the United States Department of Veterans Affairs, to receive the eligible decedent for interment under ORS § 97.234, provided that the following conditions are satisfied:

(a) The veterans’ remains coordinator has verified the interment benefits of the eligible decedent with the department or county veterans’ service officer and provided documentation of that verification to the funeral establishment in possession of the eligible decedent.

(b) The veterans’ remains coordinator has exercised due diligence to provide notice of the plan to inter the eligible decedent to any agents or family members of the eligible decedent with the legal right to control the disposition of the eligible decedent.

(c) An agent or family member of the eligible decedent with a legal right to control the disposition of the eligible decedent has not exercised that right.

(d) The funeral establishment in possession of the eligible decedent has possessed the eligible decedent for at least six months.

(5) Notwithstanding ORS § 30.265, a person may not bring a civil claim against a funeral establishment in possession of an eligible decedent for any action taken by the funeral establishment in accordance with this section, except in the case of gross negligence, or for any subsequent action taken by a veterans’ remains coordinator.

(6) Notwithstanding ORS § 30.265, a person may not bring a civil claim against a veterans’ remains coordinator for acts or omissions arising from the interment of an eligible decedent under ORS § 97.234, except in the case of gross negligence. [2023 c.402 § 5]

 

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