New Jersey Administrative Code
Title 5A - MILITARY AND VETERANS' AFFAIRS
Chapter 4 - BRIGADIER GENERAL WILLIAM C. DOYLE VETERANS' MEMORIAL CEMETERY
Subchapter 5 - DISINTERMENTS
Section 5A:4-5.2 - Administrative requirements

Universal Citation: NJ Admin Code 5A:4-5.2

Current through Register Vol. 56, No. 6, March 18, 2024

(a) Disinterments from the Veterans' Memorial Cemetery will be approved only when all living immediate family members of the decedent, to include the person who initiated the interment (regardless if he or she is a member of the immediate family), give their written consent, or when a court order or State instrumentality of competent jurisdiction directs the disinterment.

1. "Immediate family members" are defined as the surviving spouse, whether or not he or she is remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent.

2. In the absence of a surviving spouse and children, the decedent's parents will be considered "immediate family members."

(b) All requests for authority to disinter the decedent's remains will be submitted in writing to the New Jersey Department of Military and Veterans' Affairs, Director of Veterans' Services, and include the following information:

1. A full statement of reasons for the proposed disinterment;

2. Notarized statements by all eligible living immediate family members of the decedent to include the person who initiated the interment (regardless if he or she is a member of the immediate family), that they consent to the proposed disinterment; and

3. A notarized statement, by the person requesting the disinterment that those who supplied affidavits comprise all of the living immediate family members of the decedent.

(c) In lieu of the documents in (b) above, an order of a court of competent jurisdiction will be considered. The Brigadier General William C. Doyle Veterans' Memorial Cemetery and/or officials of the Cemetery should not be made a party to the court action, as this is a matter among the family members involved.

(d) When a disinterment has been authorized, written notification will be sent to the funeral home and/or requester. The notification must inform the requester that costs related to the disinterment must be at private expense and that a date and time for the disinterment must be coordinated with the Cemetery Interment Office for scheduling purposes. Sensitive or unusual cases that could impact negatively on the State of New Jersey would be referred to the Office of the Attorney General for resolution.

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