Youngstown Daily Legal News

Help sought for townships to cover burial expenses for deceased indigent residents

KEITH ARNOLD
Special to the Legal News
Published: October 6, 2016

A Bexley lawmaker last week offered testimony on behalf of cash-strapped townships that must shoulder the expense of funeral services for residents who receive public assistance.

Assistant Minority Leader of the Ohio Senate Charleta Tavares told her colleagues seated on the Senate Finance Committee that the legislation she is sponsoring would recreate an indigent burial program allowing for the Department of Jobs and Family Services to assist in the payment of funeral, cremation, cemetery and burial expenses for deceased indigent residents.

"In 1974 the state had developed a program to help local governments offset the costs of indigent burials," Tavares said in support of Senate Bill 107. "The program was run by the Department of Jobs and Family Services and provided a reimbursement of $750 dollars for indigent adults and $500 for children.

"Since the program's elimination in 2001 however, local governmental entities are now responsible for all costs."

Additionally, enactment of the 129th General Assembly's House Bill 153, has resulted in a 50 percent reduction in local government funds, she added.

"Local governments are struggling to perform their legal responsibilities," Tavares continued. "Take townships for example; in November 2015 there were 46 township cemetery levies and 45 township general fund levies on the ballot across Ohio. The passage rate for these 91 levies was less than 50 percent.

"Revenue from these sources is what a township would use to help cover indigent burial costs. SB 107 was introduced to help alleviate this burden."

The bill would allow for a county Department of Jobs and Family Services to approve financial assistance for indigent burials. Assistance would be provided on the basis that the deceased individual is:

A recipient of Supplemental Security Income for the aged, blind, and disabled;

A recipient of aid in December 1973 under a former state program for the aged, blind, and disabled; or

A resident of an unincorporated area (a township) and received aid under the Ohio Works First Program or the Disability Financial Assistance Program.

The bill stipulates the assistance received is not to exceed $750.

Funeral assistance for children younger than 11 years of age, who resided in an unincorporated area, and were the recipient of aid under either the Ohio Works First or the Disability Financial Assistance program will not exceed $500.

Tavares worked with the Ohio Township Association on SB 107, which was introduced in March.

"In Ohio, there is no legal responsibility for anyone to claim a deceased adult body other than a spouse," she said. "This means that in most cases the responsibility falls on the township or municipality where the indigent resided.

"A township not only pays for the disposition costs of a burial or cremation but also must pay for the grave and a grave marker that lists the deceased's name, date of birth (if known) and date of death."

According to Ohio Legislative Service Commission analysis of the bill, any person or governmental entity, other than the Ohio Department of Job and Family Services, may contribute grave space and monetary gifts and grants for an eligible deceased individual's funeral, cremation, cemetery, and burial expenses.

Three of Tavares's fellow senators joined her to cosponsor the measure.

[Back]