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S.D. Codified Laws § 34-26A-32

Refusal to release or dispose remains pending dispute resolution--Immunity

Source: SL 1988, ch 283, § 32; SL 2023, ch 129, § 26.

A crematory may refuse to release or dispose of cremated remains if it is aware of any dispute concerning the release or disposition of the remains.

A crematory shall release or dispose of the cremated remains upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that the dispute has been resolved.

A crematory is immune from liability for refusing to release or dispose of cremated remains, in accordance with this section.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.