Does a Virginia sheriff have to dispose of every unclaimed body in their jurisdiction, or only the bodies that the medical examiner investigated?

Plain-English summary

Richmond Sheriff Woody asked a practical question that the City had to deal with regularly. Va. Code § 32.1-288 sets up a process: after the medical examiner completes a death investigation, the sheriff (or other initial custodian of the body) tries to identify next of kin; if no one claims the body, the Commissioner of the Department of Health can accept it for scientific study, and if the Commissioner refuses, the sheriff in the county or city of death "shall" accept the body for proper disposition.

The Sheriff wanted to know: does that statute make him responsible for every unclaimed body in his jurisdiction, or only for bodies that came through the OCME process?

The AG said only the OCME cases.

Section 32.1-288's text is explicit about its scope. It says "After any investigation authorized or required pursuant to this article has been completed." The "article" referenced is Article 1 of Chapter 8 of Title 32.1, the part of the Virginia Code that sets up the medical examiner system. Section 32.1-283(A) lists the kinds of deaths the medical examiner takes charge of: trauma, injury, violence, poisoning, accident, suicide, homicide, sudden death of apparently healthy people, unattended deaths, in-custody deaths, sudden infant death, and so on. Section 32.1-283(B) requires the medical examiner to investigate cause and manner of death in those cases.

So § 32.1-288's whole framework runs after the OCME has done its work. By its plain language, the section addresses only bodies that have been the subject of a death investigation by the medical examiner.

The AG also looked for any other statute that might create a general "sheriff-as-disposer-of-last-resort" duty for unclaimed remains outside the OCME process. The AG found none.

So a body that was not the subject of an OCME investigation (someone who died expected, attended by a physician, of a known natural cause, body left at a funeral home) does not become the sheriff's problem under § 32.1-288 just because no family claims it. That body's disposition runs through funeral home, hospital, or other contractual arrangements.

The opinion noted in a footnote that 2013 Va. Acts ch. 373 added a thirty-day notice period for next of kin to § 32.1-288(B) effective July 1, 2013, but that change did not affect the scope analysis.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Section 32.1-288 has been amended multiple times since 2013, including additions to the next-of-kin process and the scientific-study procedure. Anyone facing a question about sheriff responsibility for an unclaimed body should look at the current statute and any associated regulations from the Office of the Chief Medical Examiner.

Common questions

Who has to dispose of an unclaimed body in Virginia?
It depends. For bodies that the medical examiner investigated (because the death was sudden, suspicious, accidental, in-custody, etc.), § 32.1-288 controls: first try next of kin, then offer to the Department of Health for scientific study, then default to the sheriff. For bodies that did not go through OCME (expected death attended by a physician, natural cause), the responsibility runs through whoever has custody of the body at the time (hospital, funeral home, nursing facility) under their own arrangements.

What does the medical examiner do?
Under § 32.1-283, the OCME investigates cause and manner of death in cases of trauma, violence, poisoning, accident, suicide, homicide, sudden unattended death, death in custody, sudden infant death (possible SIDS), and other unusual deaths.

What does "proper disposition" mean for the sheriff under § 32.1-288(B)?
Generally, arranging for burial or cremation, often through contracts with local funeral homes. Costs are paid by the county/city in which the deceased resided (if a Virginia resident) or where death occurred (if not).

Who pays for the disposition?
Under § 32.1-288(A), the costs are borne by the county or city in which the deceased person resided at the time of death (if a Virginia resident) or where the death occurred (if not), but only if the claimant (relative/friend) cannot pay.

What is "scientific study" under § 32.1-298?
The Commissioner of the Department of Health can accept an unclaimed body for medical education and research use (typically through the state's medical schools). The sheriff's disposition duty kicks in only if the Commissioner declines.

What about hospital or nursing home deaths?
If the OCME didn't investigate, those facilities handle disposition under their own contracts. The sheriff is not the default custodian unless and until the body comes through OCME.

What changed with 2013 Va. Acts ch. 373?
The amendment added a thirty-day notice period for next of kin to claim the body before scientific study or sheriff disposition. The amendment did not expand the universe of bodies that trigger sheriff responsibility.

Background and statutory framework

The relevant statutes (Title 32.1, Chapter 8, Article 1):

• Va. Code § 32.1-283(A): lists the kinds of deaths the medical examiner takes charge of.
• Va. Code § 32.1-283(B): requires the medical examiner to investigate cause and manner of death.
• Va. Code § 32.1-288(A): after OCME investigation is complete, the sheriff or other initial custodian must make good-faith efforts to identify next of kin; cost responsibility for claimants who cannot pay.
• Va. Code § 32.1-288(B): if no one claims the body, the Department of Health Commissioner can accept it for scientific study; if the Commissioner refuses, the sheriff "shall" accept the body for proper disposition.
• Va. Code § 32.1-298: scientific-study procedures (Article 3).

The interpretive principle the AG applied: words in a statute are construed according to their ordinary meaning in context. The opening clause of § 32.1-288 ("After any investigation authorized or required pursuant to this article has been completed") plainly anchors the entire section to OCME cases. Bodies that never enter the OCME pipeline never reach the sheriff under § 32.1-288.

The AG also confirmed that no other Code provision creates a general "unclaimed-remains" sheriff duty. The conclusion is from absence: if the General Assembly wanted the sheriff to handle every unclaimed body, it would have said so somewhere.

Citations

• Va. Code § 32.1-283(A), (B)
• Va. Code § 32.1-288(A), (B)
• Va. Code § 32.1-298 et seq.
• City of Va. Beach v. Bd. of Supvrs., 246 Va. 233, 435 S.E.2d 382 (1993)
• Grant v. Commonwealth, 223 Va. 680, 292 S.E.2d 348 (1982)
• 2013 Va. Acts ch. 373

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2013/13-016_Woody.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

May 3, 2013

The Honorable C.T. Woody, Jr.
Sheriff of the City of Richmond
Richmond City Jail
1701 Fairfield Way
Richmond, Virginia 23223

Dear Sheriff Woody:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether § 32.1-288 of the Code of Virginia mandates Virginia's sheriffs to dispose of all unclaimed human remains in their jurisdictions or only those remains that have been the subject of a death investigation conducted by Virginia's Office of the Chief Medical Examiner (OCME) pursuant to Article 1 of Chapter 8 of Title 32.1 of the Code of Virginia.

Response

It is my opinion that, because the requirements set forth in § 32.1-288 apply only to human remains that have been the subject of a death investigation conducted by the OCME pursuant to Article 1 of Chapter 8 of Title 32.1 of the Code of Virginia, such requirements do not oblige the sheriff to dispose of other unclaimed remains.

Applicable Law and Discussion

Upon the death of any person as specified in § 32.1-283(A),[1] the medical examiner shall take charge of the dead body and conduct an investigation into the cause and manner of death.[2] Section 32.1-288 directs how the dead body is to be disposed of after the medical examiner completes the death investigation and specifically provides:

A. After any investigation authorized or required pursuant to this article has been completed, including an autopsy if one is performed, the sheriff or other person or institution having initial custody of the dead body shall make good faith efforts, pursuant to § 32.1-283, to identify the next of kin of the decedent, and the dead body may be claimed by the relatives or friends of the deceased person for disposition. The claimant shall bear the expenses of such disposition. However, if the claimant is financially unable to pay the reasonable costs of disposition of the body, the costs shall be borne (i) by the county or city in which the deceased person resided at the time of death if the deceased person was a resident of Virginia or (ii) by the county or city in which the death occurred if the deceased person was not a resident of Virginia or the location of the deceased person's residence cannot reasonably be determined.

B. If no person claims the body of a deceased person, the Commissioner may accept the body for scientific study as provided in Article 3 (§ 32.1-298 et seq.). If the Commissioner refuses to accept the body for scientific study, the dead body shall be accepted by the sheriff of the county or city where death occurred for proper disposition ....[3]

"An important principle of statutory construction is that 'words in a statute are to be construed according to their ordinary meaning, given the context in which they are used.'"[4] The statute indicates that after the medical examiner completes the death investigation, the sheriff or other person or institution having initial custody of the dead body shall attempt to identify the decedent's next of kin.[5] If no person claims the body of the deceased person, the Commissioner of the Department of Health may accept the body for scientific study.[6] If the Commissioner does not accept the body for study, the sheriff of the city or county where the death occurred is required to accept the body for proper disposition.[7]

By its plain language, § 32.1-288 addresses only the disposition of a body that has been the subject of a death investigation by the medical examiner.[8] Section 32.1-288 does not concern the disposal of unclaimed remains generally. Moreover, I find no other provision in the Code of Virginia that otherwise requires the sheriff to dispose of unclaimed human remains. Therefore, I conclude that the duty of the sheriff to dispose of unclaimed human remains is triggered only when such remains are unclaimed after an examination as provided for pursuant to Article 1 of Chapter 8 of Title 32.1 of the Code of Virginia.

Conclusion

Accordingly, it is my opinion that, because the requirements set forth in § 32.1-288 apply only to human remains that have been the subject of a death investigation conducted by the OCME pursuant to Article 1 of Chapter 8 of Title 32.1 of the Code of Virginia, such requirements do not oblige the sheriff to dispose of other unclaimed remains.

With kindest regards, I am

Kenneth T. Cuccinelli, II
Attorney General

[1] Va. Code Ann. § 32.1-283(A) (Supp. 2012) provides: "Upon the death of any person from trauma, injury, violence, poisoning, accident, suicide or homicide, or suddenly when in apparent good health, or when unattended by a physician, or in jail, prison, other correctional institution or in police custody, or who is an individual receiving services in a state hospital or training center operated by the Department of Behavioral Health and Developmental Services, or suddenly as an apparent result of fire, or in any suspicious, unusual or unnatural manner, or the sudden death of any infant less than 18 months of age whose death is suspected to be attributable to Sudden Infant Death Syndrome (SIDS), the medical examiner of the county or city in which death occurs shall be notified ...."

[2] Section 32.1-283(B).

[3] Section 32.1-288(A) and (B) (2011). I note that, although 2013 Va. Acts ch. 373, effective July 1, 2013, amends § 32.1-288(B) to give the next of kin thirty days from the date of notice to claim the dead body prior to disposition of the body in accordance with § 32.1-288(B), such amendment does not affect the analysis of your question.

[4] City of Va. Beach v. Bd. of Supvrs., 246 Va. 233, 236, 435 S.E.2d 382, 384 (1993) (quoting Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348, 350 (1982)).

[5] Section 32.1-288(A).

[6] Section 32.1-288(B).

[7] Id.

[8] Section 32.1-288.