A. Except as otherwise provided by subsection B of this section, the Department of Human Services is authorized to make the necessary funeral arrangements and pay any reasonable burial expenses incurred upon the death of a child or an individual with intellectual disability who is either in the custody of the Department or is a resident of an institution under the jurisdiction of the Department. When possible, the Department shall make such arrangements with any funeral home located in the same vicinity as the institution or in the same vicinity of the place of residence or home town of the child or the individual with intellectual disability.
B. The Department of Human Services is not authorized to make such funeral arrangements or make such burial payments if the deceased child or deceased individual with intellectual disability has any relatives or next of kin who is financially able to make the funeral arrangements and make the burial payments.
Added by Laws 1986, c. 9, § 1, eff. Nov. 1, 1986. Amended by Laws 2021, c. 129, § 1, eff. Nov. 1, 2021.