C.R.S. Section 12-135-308
Custody and responsibility

  • rules

(1)

A crematory shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:

(a)

The next of kin;

(b)

The county coroner or the county coroner’s designee; or

(c)

An authorized person at the care facility where the deceased died.

(2)

A crematory is responsible for identifying and tracking human remains from the time it takes custody of human remains until the:

(a)

Final disposition has occurred or the remains are returned to the person who has the right of final disposition;

(b)

Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or

(c)

Remains are released to a funeral establishment, another crematory, repository, or entity as authorized by the person who has the right of final disposition.

(3)

The director shall adopt rules implementing this section that:

(a)

Establish what constitutes custody;

(b)

Define “care facility”, “repository”, and “entity”;

(c)

Establish who is authorized to identify human remains at a care facility for a funeral establishment; and

(d)

Prescribe the minimum standards for the positive identification and chain of custody of human remains. A crematory may use the crematory’s own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.

Source: Section 12-135-308 — Custody and responsibility - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

Green check means up to date. Up to date

Current through Fall 2024

§ 12-135-308’s source at colorado​.gov