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Wisconsin Statutes Health (Ch. 140 to 162) § 157.112. Reburial of human remains by a cemetery authority

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) In this section, “rebury” means to disentomb, disinurn or disinter human remains that are buried in a cemetery and reentomb, reinurn or reinter the human remains in another grave, mausoleum space or other place used or intended to be used for the burial of human remains that is located in the same cemetery.

(2) A cemetery authority may rebury human remains that are buried in a cemetery owned or operated by the cemetery authority for the purpose of correcting an error made by the cemetery authority in the burial of those human remains.

(3) A cemetery authority may rebury human remains under sub. (2) without first obtaining an authorization under s. 69.18(4), but the cemetery authority shall do all of the following:

(a) No later than 30 days after reburying human remains under sub. (2), provide written notice of the reburial to the coroner or medical examiner of the county in which the reburial occurs.

(b) Notify one of the following by registered mail of the reburial:

1. The decedent's spouse.

2. If the person specified in subd. 1. is not available, an adult son or daughter of the decedent.

3. If the persons specified in subds. 1. and 2. are not available, either parent of the decedent.

4. If the persons specified in subds. 1., 2. and 3. are not available, an adult brother or sister of the decedent.

(3m) If none of the persons specified in sub. (3)(b)1. to 4. are available for notification under sub. (3)(b), the cemetery authority shall maintain a record of its attempt to provide notification under sub. (3)(b) as a part of the cemetery authority's permanent records.

(4)(a) A cemetery authority is immune from civil liability for an error that is corrected by a reburial of human remains under sub. (2).

(b) The immunity under par. (a) does not apply if the error was the result of reckless, wanton or intentional misconduct.

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Cite this article: FindLaw.com - Wisconsin Statutes Health (Ch. 140 to 162) § 157.112. Reburial of human remains by a cemetery authority - last updated January 01, 2025 | https://codes.findlaw.com/wi/health-ch-140-to-162/wi-st-157-112/

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