The Lowdown on New Jersey Cremation Laws
Avenues of Cremation in NJ
Cremations are governed by the New Jersey Board of Mortuary Science and regulated by the New Jersey Department of Law and Public Safety. The Board of Mortuary Science sets forth professional and sanitary standards which must be followed by all crematoriums in the State of New Jersey.
Pursuant to N.J.A.C. 13:36-7.5, the "Operation of crematory or crematory and cemetery in same geographic location; base fees; crediting of payments on account; maintenance of price list; services or supplies from other providers; trust fund deposits for prepaid and non-prepaid contracts; and applicable sales and use tax" (a)(2) "If the crematory is a crematory and a cemetery located at the same site , the crematory shall be owned by the cemetery and shall operate as a crematory in conjunction with the cemetery."
N.J.S.A 45:16-9.1 "Definitions; person who directly controls disposition to include funeral director in charge, funeral director, and funeral home operator" "As used in this act: the term "person who directly controls the disposition" means the person or persons, including the funeral director in charge, the funeral director or the operator of the funeral home, who makes arrangements with the funeral home or crematory for cases received into the funeral home or crematory;"
Who Has the Authority to Approve a Cremation?
An important part of the overall process of providing for a cremation is having the proper forms completed and executed. The New Jersey Cremation statute sets forth the order of those who have the right to authorize a cremation and what is needed as part of that process. The statue sets forth that at the death of an individual, the surviving spouse, surviving domestic partner, or surviving civil union partner has the right to arrange for the cremation. If there is no such partner, the right to arrange for a cremation passes to "the person designated by the decedent in writing." In the absence of such a written authorization, the statute sets forth which family members will assume the authority to authorize a cremation and in what order.
If there is no surviving spouse, domestic partner or civil union partner, then the statute provides that the authority to authorize a cremation passes to the surviving children. If there is no surviving spouse, domestic partner, civil union partner or surviving child, then the statute provides that the authority passes to the surviving parents of a decedent, then to the surviving siblings. There is a hierarchy to the statute with regard to the individuals who are authorized to provide authorization to a cremation.
In the event that there is no surviving children of a decedent, no surviving parents of a decedent or no surviving siblings, then the authority to authorize a cremation passes to "the next kin under the laws of this State." This means that the statute provides a parent is next in kin to a grandparent, then an aunt or uncle is next in kin to the grandchildren. While the statute provides the authority to authorize a cremation to a broad range of individuals under the statute. The reality in practice most funeral homes will not proceed with a cremation order unless there is a surviving spouse or next of kin present to sign the necessary forms and agree to the cremation.
Steps to Follow Before Cremation
Many people associate cremation with the medical field, and that’s not a coincidence. For various health reasons, an autopsy or regular doctor certification must be performed before a cremation can take place. As a result, legal procedures must be followed pre-cremation that are not always necessary for traditional burial. In addition to obtaining a permit to cremate issued by the local registrar, a physician, hospital representative, pathologist or medical examiner must certify that their area of responsibility has no reason to suspect foul play enough to need a different investigation.
If the cause of death is unclear, such as in cases where a deceased person falls or hits their head, certain medical or legal procedures may be necessary. New Jersey law requires that these remains be examined for signs of foul play, after which a medical examiner will bill the deceased’s estate. In addition, if a person dies within 24 hours of hospital admission, their hospital chart must be sent over alongside the body. At this point, if you have not made any funeral arrangements, a medical examiner will contact you. Should foul play be suspected, a forensic anthropologist may be called in to perform an autopsy.
Other than in particularly unusual circumstances, cremation itself is not particularly dangerous to the living. (It is very safe for you – the crematory, however, may sustain damage from mercurial fillings, which can be removed beforehand.) However, the procedures leading up to cremation can be nuanced and legally involved.
Documents Needed for a Cremation
Cremation is a process that requires strict adherence to state law, and New Jersey has specific requirements regarding the documents that must be in place before a deceased can be cremated. One of the most important documents is the death certificate, which must be filed before any other documentation is made. The death certificate may vary between counties, but it always contains the information found in the Vital Statistics Form. Some counties in New Jersey may charge more to prepare a death certificate if the deceased will be cremated, so be sure to ask about additional costs when discussing the cost of filing a death certificate.
The next required documentation includes the following:
Death Certificate
Survivor’s Statement Regarding Cremation
Cremation Authorization & Disposition Permit
Cremation Container Permit
Additional Certificates
Survivor Waiver
Additional requirements specific to New Jersey require that all cremated remains be processed and contained for final disposition within 72 hours of the cremation, unless the crematory operator has written authority from the authorizing agent to delay final disposition for a period of time.
How Long Does the Cremation Process Take?
According to the N.J.A.C. 13:36-5.7(a), any cremation must be completed within a period of 48 hours after the "time of identification," which is defined in the same section as "the time when human remains are identified by an appropriate family member or other legally authorized individual." If there is a delay in the cremation, it must be reported to and approved by the State Morgue Coordinator or his/her designee. Specifically, that section of the law provides in part that:
(a) Every cremation shall be completed within 48 hours of the earlier of the following:
1. The time when human remains are identified by an appropriate family member or other legally authorized individual; or
2.The time of acceptance by the crematory establishment.
(b) If the cremation of human remains is not completed within 48 hours from the time of identification, or the time of acceptance by the crematory establishment:
1 . A crematory establishment may cause such human remains to be viewed at any time prior to cremation for good cause shown;
- A crematory establishment may cause such human remains to be transported to an alternative holding facility, if such transportation is deemed necessary for purposes of storage or environmental control;
- A crematory establishment shall remove such human remains from the crematory chamber, if such removal is required for any purpose including, but not limited to, examination, testing or recycling of a medical implant;
- A crematory establishment shall not relinquish possession of such human remains until such human remains are to be cremated.
As a practical matter, most cremations are actually completed within this timeframe. In the rare case where it is not, the cremation facility must seek the approval of the "State Morgue Coordinator or his or her designee" before any additional delay can be made.
Disposal of Cremated Remains
The Method of Disposition of cremated remains in New Jersey is governed by the Statute and Rules of Court which state that:
"(a) After the expiration of 48 hours from the time of filing of the verified petition, if no objection has been made… the crematory operator shall cremate the remains and prepare the cremated remains for disposition.
(b) The cremated remains shall be placed in a container or urn which is durable and capable of being sealed. If the cremated remains are to be disposed of by scattering, a container or urn for this purpose shall be suitable for such use.
(c) Until the cremated remains are released to the on-site cemetery caretaker, the crematory operator shall retain the cremated remains and shall furnish a copy of the cremation certificate to the funeral director for inclusion in the file on the decedent. [emphasis added]
(d) Upon the return of the cremated remains to the funeral director or other responsible party, the funeral director shall note on the decedent’s file, evidence of receipt. The crematory operator shall complete a statement of receipt by out-of cemetery caretaker and send the statement to the cemetery for inclusion in their records.
(e) The cremated remains shall be carefully separated and each container shall be labeled with the name of the decedent and the date of death. The crematory operator shall include a statement of the condition of the cremated remains after processing."
In addition to the above, the cremated remains shall also be put in a container suitable for permanent storage. In the instance of an "ashes burial" you may want to place the ashes in a material more natural to the surrounding environment.
Cremated remains may be interred in a grave, mausoleum crypt, or niche. Various cemeteries have different policies on ways to memorialize the cremated remains. For instance, some burial spaces are designed to allow for a space for the memorialization of one who chooses to be cremated.
Cremated remains may also be scattered at sea in accordance with the rules provided in the New Jersey Disposition of Human Remains Act and Federal Law. Whereas scattering the ashes in a nature preserve is permissible, it is also important to note that there are areas such as federal parks, private parks, private property etc., in which cremated remains may not be scattered.
Common Restrictions and Bans
In addition to the above, certain restrictions exist when cremating remains. Accordingly, cremation is prohibited if the decedent was the subject of an investigation by the Division of Child Protection and Permanency (the "Division" – formerly DYFS), to determine allegations of child abuse. This prohibition also applies to those decedents whose cremation would impede or obstruct the Division’s investigation. In order not to impede or obstruct such investigations, the Superintendent requires all crematories and cemeteries to enter into inter-local agreements with the Division of Youth and Family Services for the purpose of insuring that appropriate provision is made for the removal of the body to a location where it can be viewed by the Division of Youth and Family Services.
Finally, as many cremation arrangements occur as part of funeral arrangements, a funeral practitioner must have actual notice of any pending litigation in which the decedent can be named a defendant. However, a funeral practitioner is not obligated to independently investigate a family’s litigation history or to have any notice of it.
Going Green with Cremation Alternative
New Jersey regulations now require that funeral homes have a "green" choice for cremation. The New Jersey Funeral Director’s Association offers cremation services that are committed to giving back to the environment by using energy efficient and environmentally friendly facilities.
A "green" cremation is performed in a state-of-the-art environment-friendly cremation unit which has many energy-saving characteristics. The air cleaning systems are highly efficient, and the processes are monitored by computer, to ensure that mercury and other pollutants are securely contained and incinerated. This grilling process reduces the emissions of mercury into the environment by more than 95%. All combustion systems are equipped with catalytic reactors to filter out any remaining mercury particles and prevent them from being released into the air. Any remaining particles are filtered through multiple filters and scrubbers, which produce air with almost no detectable contaminates.
Once the body is removed from the unit, all of the metal is removed with a magnet and disposed of in a proper manner, usually reused in automobiles. This process leaves nothing but bone fragments which are then processed into a soft, sand-like powder.
However, with the fast growing technology , there are other ways of handling our loved ones that can give back to the environment. Some families are opting out of traditional burials and cremations and are instead opting for a "natural" burial. In these cases, the body is placed in an unsealed, biodegradable coffin and buried directly in the ground without any of the harmful chemicals or preservatives otherwise used, yet without the uncomfortable feeling of their loved ones decomposing underground for decades.
Another alternative to traditional cremations is Alkaline Hydrolysis, also known as Aqua-Cremation or Water-Cremation. This new process is not available in New Jersey, however in states like Oregon where this process is accepted, families are coming to terms with the fact that their loved ones are returning to the water cycle. This process utilizes high-pressure, high-temperature water to dissolve the soft tissues of the body, leaving behind the bone which is then ground up and returned to the family, along with the water which is chemically similar to distilled water and environmentally safe to be returned to the water supply.
While some families are making arrangements to ensure their loved ones give back to the environment, others may prefer a more traditional burial or cremation. It is important to talk with your family about your end-of-life wishes.