2022 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 12. Postmortem Examinations
§61-12-15. Disposition of Unidentified and Unclaimed Remains

(a) The Office of the Chief Medical Examiner shall cremate unclaimed human remains and shall bury unidentified human remains from its facilities.

(b) The Office of the Chief Medical Examiner, with the assistance of the city of Charleston, shall locate an appropriate cemetery.

(c) Unidentified remains shall be buried after 6 months and after efforts to identify the person and his or her next of kin have been exhausted by the Office of Chief Medical Examiner. In the event the death is determined to be the result of a crime, physical evidence shall be collected from the decedents body prior to any burial.

(d) Any identified but unclaimed remains shall be cremated after 30 days has passed and after efforts to contact the decedents next of kin have been exhausted, as determined by the Office of the Chief Medical Examiner, and placed in a cemetery in a manner that the remains may be easily retrieved by the Office of the Chief Medical Examiner in the event the decedents next of kin wishes to claim the remains.

(e) The chief medical examiner, or his or her designee, may enter onto the premises of the cemetery and cause to be removed from the cemetery any decedent who has been identified and claimed by his or her next of kin upon the next of kin providing proper documentation.

(f) No person may file any cause of action against the Office of the Medical Examiner or against any medical examiner acting in his or her capacity as a medical examiner for any liability or damages relating to burial, cremation, or other disposition of a decedents remains, consistent with the provisions of this section, prior to a person claiming a decedent.