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HomeMy WebLinkAbout05-017Ca~~~ ~F' ~UPE#~~/I~4Ra GQUNTY, ;4F ~U'TTE, STATE ,QF GALIFQRNIA ~esolufion No. os-o17 RESOLUTION ADOPTING THE INDIGENT BURIAL POLICY FOR THE COUNTY OF BUTTE WHEREAS, in accordance with Welfare and Institutions Code Section 17009, the Board of Supervisors is authorized to provide for the burial or cremation of the indigent dead, and WHEREAS, by Resolution 75-141, adopted on September 30, 1975, the Board of Supervisors appointed the Butte County Public Administrator responsible for administering the Indigent Burial Policy which is now outdated; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors, that the Indigent Burial Policy, attached and incorporated herein as Exhibit I, is adopted. BE IT FURTHER RESOLVED that: 1. Once adopted, this Resolution will supersede Resolution 75-141 titled "Resolution Adopting Indigent Burial Policy and Schedule of Fees" adopted by the Board of Supervisors on September 30, 1975, and all others. 2. The Public Administrator will continue to administer the Indigent Burial Program. 3. The Public Administrator has sole discretion to determine the method of disposition of the indigent dead. PASSED AND ADOPTED by the Butte County Board of Supervisors this 25`x' day of January 2005 by the following vote: AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi NOES: None ~ ~~ ABSENT: None NOT VOTING: None Kim K. Yamaguchi, Chair Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors Bye /~~~%' / "f~ .+'=, Dep~ty County of Butte Indigent Burial Policy February 2005 County Responsibility A. The Butte County Public Administrator is responsible for administering the county Indigent Burial Program and is governed by all applicable laws, regulations, resolutions and the policies contained herein. B. The Public Administrator has authorization to enter agreements to carry out the administration of the Indigent Burial Program. C. The Public Administrator has sole discretion to determine the method of disposition of the indigent dead. d. In no case is the county liable for any expenses that are not pre- authorized by the Public Administrator. II. General A. It is the policy of Butte County to provide funeral/burial services only when it has been established that the decedent and all responsible relatives qualify for an indigent burial. B. Eligibility for the program is governed by all applicable laws, regulations, resolutions, and policies contained and referred to herein. C. The county does not provide for subsidization of privately arranged funerals and/or interments. D. A decedent who has a prepaid burial plan or burial insurance benefits, which exceed the amount currently authorized by the Indigent Burial Program, is not eligible for an indigent burial. E. In the event a decedent is eligible for an indigent burial and has a prepaid gravesite; the county may authorize payment for interment in that site. F. A decedent's estate and/or responsible relatives may not contract for disposition, interment, funeral, and/or gravesite services in an amount greater than the amount currently authorized by the Public Administrator. Indigent Burial/Feb 2005 ~~~~ b ,+ 1 III. Responsible Relatives A. California law (Health and Safety Code Section 7100) places the responsibility for the funeral expenses upon the decedent's estate or relatives in the following order: 1. The surviving spouse. 2. The surviving adult child or children. 3. The surviving competent parent or parents. 4. The surviving competent adult sibling or siblings. 5. The surviving competent adult person or persons in the next degrees of kindred. B. The Public Administrator shall determine who is financially able to assume the expenses of the decedent's disposition, based upon the succession detailed in III. A. 1-5 above. If it is determined that no such financially responsible relative exists, the county shall assume liability for the expenses of the indigent burial. IV. Eligibility Criteria A. The decedent must be a Butte County resident as defined in Article I of the Butte County General Assistance Eligibility Standards Manual except when the deceased is a Coroner's case as defined in Health and Safety Code Section 7104 (b} and a resident of another county. B. The decedent must be a citizen as defined in Article 2, in the Butte County General Assistance Eligibility Standards Manual. C. An indigent burial shall be provided for decedents and responsible relatives who are receiving SSI/SSP benefits. D. The decedent's estate or responsible relative must meet the eligibility requirements set forth in Articles 3 and 4 of the Butte County General Assistance Eligibility Standards Manual. 1. In addition, death benefits from life insurance policies, burial insurance and plans, veteran benefits, pension plans, or fraternal organization benefits are considered as personal property and part of the personal property limitation ($600). 2. The applicant is ineligible for an indigent burial if the Liquid Resources of the applicant as defined in Article 3. D. of the Butte County General Assistance Eligibility Standards Manual equals or exceeds the current rate authorized for an indigent burial. Indigent Burial/Feb 2005 2 E. Burial of Veterans 1. A veteran is defined as in Government Code, Section 18540.4 which in part states a "veteran" is a person honorably discharged from the armed forces of the United States. 2. Veterans receiving benefits at the time of death do not qualify as indigents due to the amount of death benefits from the Veterans Administration. 3. If the deceased veteran is not eligible for Veterans Administration death benefits and meets the eligibility criteria for an indigent burial, the county will provide the indigent burial only when the surviving spouse, relatives, or estate of the deceased have signed the necessary documents for county reimbursement. 4. Veterans who expire as a result of a service connected disability (contracted either in wartime or peacetime service) are not eligible for county burial due to the amount of death benefits available through the Veterans Administration. 5. Pursuant to Military & Veterans Code Article 2, Section 943, a veteran shall not be buried in any cemetery or burial ground used exclusively for the burial of the pauper dead. V. Application Process A. Applications for an indigent burial shall be made to the Public Administrator immediately following the death. B. Applications shall be completed by the responsible relatives in successive order as indicated in Section III, A, above. C. All known responsible relatives shall be required to complete an application for benefits on behalf of the decedents and/or its estate. D. The responsible relative applicant shall be required to provide all requested verification/documents and signed forms in a timely manner. Failure to provide requested information shall result in a denial of the application. E. If no known relatives can be located, the Public Administrator shall assume responsibility for determining the decedent's eligibility for an indigent burial. F. The County of Butte assumes financial liability only for those cases that have been determined by the Public Administrator to be indigent and eligible for an indigent burial. Indigent BuriallFeb 2005 3 G. If an application for the Indigent Burial Program is denied, the applicant may apply for a financial hardship. The Public Administrator retains the sole authority to determine when an extreme hardship might be incurred on the responsible relative. VI. Indigent County Resident who dies in another county. A. If an eligible Butte County resident dies in another county, funds shall be authorized for disposition at the indigent rate of the county in which the death occurred or the cost of return transport of the deceased to Butte County and disposition at Butte County rates, whichever is less. VII. Payment Procedure. A. Authorization for payment of Indigent Burial funds for disposition of the deceased shall be given in writing to the vendor providing the Indigent Burial services. B. Vendors furnishing services shall submit claims for payment directly to the Public Administrator's Office. C. Each claim shall be on a Butte County claim form and include the following: 1. The name of the deceased. 2. Date of service rendered. 3. Type of service and amount. D. Claims shall be approved by the Public Administrator then forwarded to the County Auditor for payment. VIII. Reimbursement and Collection. A. If death benefits due to the decedent from any source identified in this policy, or if any assets, benefits, and/or resources are later discovered or appear, all such death benefits, assets, and resources shall be claimed by Butte County to offset the cost of the burial expenses advanced by the county. B. Should an indigent burial be authorized and the Public Administrator subsequently finds that there are responsible relatives with the ability to pay for burial costs, payment shall be requested by the Public Administrator's Office as reimbursement for an indigent burial. Failure to make any such payment shall be basis for civil action as provided by law. C. There being no surviving spouse, the Public Administrator shall make application for Veterans Administration death benefits. In the event Veterans Administration payments are made directly to the vendor providing the indigent burial services, the vendor shall remit such death benefits directly to the Public Administrator, with a copy of Veterans Administration check. Indigent Burial/Feb 2005 4