Q: is there a law for someone throwing away human remain ashes from a encampment
a friend of mine had his daughters ashes in a tent at his encampment when code enforcement came to get rid of the encampment and after being told the ashes where in the tent. the officer proceeded to say they didnt care and throw them in the trash
A:
there are rules of law governing this issue, and making it a crime.
report the party to their supervisors or governing entity.........and even consider suing in small claims court for up to $10k
in 50 years of practice I have never, as a DUI/PI lawyer come upon this issue.
make an appt with a local lawyer with experience in this arena for guidance.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, there are laws that protect the handling and disposal of human remains in California. Under California law, human remains are defined as the body of a deceased person, including cremated remains.
The unauthorized disposal of human remains is considered a crime in California. If someone intentionally or negligently disposes of human remains without proper authorization, they can be charged with a misdemeanor or a felony, depending on the circumstances.
In your friend's case, it appears that the code enforcement officer may have violated the law by throwing away the ashes without proper authorization. Your friend may want to contact an attorney or file a complaint with the appropriate government agency to pursue legal action against the officer and seek justice for the mishandling of his daughter's remains.
It is important to note that handling and disposal of human remains is a sensitive matter, and it is essential to follow proper legal procedures to respect the deceased and their family's wishes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
