A. Except as otherwise provided by subsection B of this section, the Department of Human Services is authorized to make the necessary funeral arrangements and pay any reasonable burial expenses incurred upon the death of a child or a retarded person who is either in the custody of the Department or is a resident of an institution under the jurisdiction of the Department. When possible, the Department shall make such arrangements with any funeral home located in the same vicinity as the institution or in the same vicinity of the child's or retarded person's place of residence or home town.
B. The Department of Human Services is not authorized to make such funeral arrangements or make such burial payments if the deceased child or deceased retarded person has any relatives or next of kin who is financially able to make the funeral arrangements and make the burial payments.
Added by Laws 1986, c. 9, § 1, eff. Nov. 1, 1986.