Delaware Code Title 7 Sec. 5405 – Jurisdiction over remains
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(a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the Medical Examiner shall certify in writing to the Director, as soon as possible, whether the remains come under the Medical Examiner’s jurisdiction.
Terms Used In Delaware Code Title 7 Sec. 5405
- Director: means the Director of the Division of Historical and Cultural Affairs, Department of State. See Delaware Code Title 7 Sec. 5402
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Medical Examiner: means as defined in Chapter 47 of Title 29. See Delaware Code Title 7 Sec. 5402
- remains: means any part of the body of a deceased human being in any stage of decomposition. See Delaware Code Title 7 Sec. 5402
- Unmarked human burial: means any interment of human skeletal remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased. See Delaware Code Title 7 Sec. 5402
(b) If the Medical Examiner determines that the remains come under the Medical Examiner’s jurisdiction, the Medical Examiner will immediately proceed with an investigation pursuant to Chapter 47 of Title 29.
(c) All those remains determined to be not within the jurisdiction of the Medical Examiner shall be within the jurisdiction of the Director.
66 Del. Laws, c. 38, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 153, § ?4; 83 Del. Laws, c. 142, § 1;