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IN HB1072
Bill
Status
1/3/2018
Primary Sponsor
Julie Olthoff
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AI Summary
HB 1072 Summary
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When a minor child dies, the parent with sole legal custody or primary physical custody (in cases of joint legal custody) has authority to decide matters regarding the child's estate and body disposition, including autopsy, cremation, and funeral arrangements.
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Expands the definition of "health care" in custody orders to explicitly include disposition of a minor child's body upon the child's death.
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Amends multiple Indiana Code sections governing autopsy consent, final disposition authorization, cemetery interment, anatomical gifts, estate administration, and coroner procedures to recognize custodial parents' authority over deceased minor children.
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Establishes that custodial parents' authority applies across autopsy decisions, cremation authorization, funeral home arrangements, anatomical gift decisions, and appointment as estate administrator.
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Effective July 1, 2018.
Legislative Description
Issues relating to the death of a minor. Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the estate of the child and disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts. Provides that, for purposes of a custody order, "health care" includes the disposition of a minor child's body upon the minor child's death.
Last Action
First reading: referred to Committee on Judiciary
1/3/2018