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The funeral service practitioner is responsible for assisting people with planning and implementing plans for funeral or memorial services.Included in this responsibility are:1)coordinating services with third parties such as clergy, cemeteries or crematories, churches, synagogues, mosques or other facilities;and,2) embalming and/or other preparations of the deceased for burial or cremation.In addition,the funeral service professional that first takes possession of the deceased is also responsible for filing a notification of death within 24 hours and a death certificate within 5 days with the county health department where the death occurred. North Carolina has three license designations for funeral service practitioner:funeral director,embalmer,and funeral service.The practice of funeral service is regulated by the North Carolina Board of Mortuary Science as set forth in North Carolina General Statutes,Article 13A,The Practice of Funeral Service,Chapter 130A Public Health and NC Administrative Code,Title 21, Chapter 34.These laws cover all aspects of the funeral profession, including:NCGS § 90--210.25.(e),which prohibits the moving or embalming of a body when a licensee has information indicating a crime or violence in connection with the cause of death,90-210.45.(a)Cremation procedures, 130A-115.(e) deaths without medical attendance,130A-388.(a)&(b)medical examiner s permission needed prior to embalming,burial at sea,or cremation.
Reporting Procedures
and Responsibilities
The
NC Board of Mortuary Science and relevant general statutes require reports of
suspected abuse deaths to be made to local child welfare agencies,local law
enforcement,and the medical examiner. Reporting may be made to a local coroner
where the office still exists,but,in that event,must also be made to the area
s medical examiner. In addition to NCGS § 90--210.25,the same statutory
reporting requirements apply to funeral service professionals as to any citizen.If
there is reason to suspect the child died from abuse or other maltreatment,the
funeral service practitioner must report the case to the director of the Department
of Social Services in the county where the child resided or was found as described
in NCGS §7B-301 .The Principles and Practice of Embalming ,the standard
embalming textbook used in mortuary colleges,also emphasizes the importance
of reporting evidence of a crime or violence in connection with a death.The
text makes several suggestions with regard to discovery of evidence. Professional
Response During the arrangement conference,the funeral service practitio-ner
assists the surviving family with determining the type of funeral or memorial
services desired and will obtain the statistical information required for the
death certificate and information for
an obituary.The funeral practitioner inquires during this time about viewing
the body.In the case of infants,the practitioner asks if the parents or family
want to actually hold the child. The funeral service provider reports and refers
cases of child maltreatment to the appropriate agencies. The other area of response
deals with the embalming or other preparation of the deceased for burial or
cremation.This may include repairing injuries to allow survivors to view the
body.
Duties and Responsibilities
Funeral
directors and embalmers have distinctly different duties. A funeral director
is mainly involved with arranging and coordinating the services.The embalmer
is involved with the preparation of the body.The funeral service licensee
could be involved in one or both areas.The funeral provider may need to
respond to a number of different scenarios.For example,in a home death without
medical attendance or law enforcement notification, discussions with family
may reveal evidence of a possible crime. Injuries to the body inconsistent
with the initial stated cause of death may be discovered during embalming
or preparation for cremation.
In
circumstances of a home death without medical attendance, funeral service
providers are required by NCGS § 130A--115(e)to notify the medical
examiner and are prohibited from moving the body without permission from
the medical examiner .
Report evidence to local law enforcement,child welfare and medical examiner pursuant to NCGS § 90--210.25.
Refer
surviving family members to mental health professionals for counseling.
Processes
The funeral home
staff:
facilitates the removal of the body from the place of death or hospital or autopsy facility and sets up a time to meet with the surviving family at first notification of a death.
determines
the type of services (burial or cremation)to be provided by careful and
sensitive questioning at the first meeting with family and other survivors.This
may be during the first notification,at the place of death,or during the
arrangement conference.The type of service requested will determine whether
the body is to be embalmed or cremated.
coordinate arrangements with clergy and/or other participants in funeral
or memorial services,and with the cemetery or crematory following the arrangement
conference.
prepare the body for the services.North Carolina law does not require embalming;therefore,written
permission is required for embalming and cremation.
determine whether there will be a viewing.Depending on the circumstances
of the death,viewing may not be possible.Given the compounded tragedy of
a child s death due to maltreatment, the opportunity to view is extremely
important to survivors.If the injuries are such that restoration and repair
are not possible,or are very extensive and noticeable,the funeral practitioner
should arrange a meeting to discuss this with the family.The family clergyperson
or a mental health professional
should be briefed on these issues and be present to assist the funeral service
practitioner.Privacy and confidentiality can be protected by not divulging
the nature of the injuries,but only the way the injuries would effect the
survivors upon viewing the body.
assist
the family with available service options.For example, there are special
caskets available on which family and friends can write,a group of friends
could be invited to sit together at the service,or friends and relatives
could write notes to be read during the service or given to the family.
consult with the family regarding handling of any media requesting admission to the services.
consult
with family concerning referral to an appropriate mental health professional.Confidentiality
and Other Ethical Issues While the funeral service professional is trained
to respect the privacy of each family,there are no statutory requirements
incumbent on the funeral provider as there are with medical, mental health,or
legal professionals.The funeral service professional must carefully separate
the contractual and business obligations for confidentiality from obligations
to report cases of
child death due to maltreatment. It should be noted that many funeral homes
employ full time and part time staff.Details regarding a death due to child
maltreat-
ment should be limited to the professionally licensed staff and management.
A
Case History
This example of the role of the funeral service provider occurred in the
Goldsboro area around 1984.The funeral service provider involved had over thirty
years of licensed experience in the funeral profession.Removal of the child
s body was from a hospital morgue so the licensee was not privy to all
details of the home death scene. Law enforcement was called to the home and
told by the family that the victim,a 9 10 year old female,choked to death.
The medical examiner was contacted and accepted the report by the law enforcement
agency.No autopsy was performed and it is not known if the medical examiner
viewed the body or made any examination. During and following the embalming
process,bruising began to appear on the child s body. The licensee immediately
contacted the medical examiner and law enforcement.Further investigation resulted
in the prosecution of the father for the murder.
Recommendations for Best Practice
Education
Current mortuary science curricula would benefit from more information on
recognizing crime,especially as related to child abuse and neglect.
Training and continuing education
The funeral service provider should endeavor to annually update his/her
training and education.The N.C.Board of Mortuary Science should encourage programs
to offer continuing education courses to assist funeral service providers with
the recognition of child abuse and neglect and ensure distribution of the information
in this manual.
First call
When initial contact is received by telephone concerning a home death,the
funeral service provider should immediately inquire as to the presence of medical
attendance or law enforcement. The caller or funeral service provider should
make contact with the local law enforcement agency and medical examiner in all
cases of a child dying unexpectedly at home.
At the home death
scene
If a funeral service provider arrives at the scene of a death without the
presence of law enforcement or medical attendance,the funeral service provider
should initiate contact with these parties.He or she listens carefully to the
circumstances of the death provided by those present.The provider should not
disturb the body or the area of the scene or allow them to be disturbed and
should make careful observations of the position of the body and area around
the body. This may or may not be a crime scene;however,the law enforcement agency
will determine this.The funeral service provider should give his or her information
and observations to law
enforcement.
Preparation for embalming or cremation
Regardless of the place of death,a careful examination of the body should
be conducted,noting the condition of the body and any injuries present on the
embalming case report. If the body is to be embalmed, there should be continued
observation, again noting any injuries that may appear during and post embalming.
As seen in the case history,a release to the funeral home by the medical examiner
or law enforcement does not indicate that all evidence has been discovered and
collected. Each deceased body should be treated with the utmost dignity and
respect and should be covered completely with a sheet,only to expose the area
being examined or
where an embalming related procedure is taking place.
Referral
of survivors to appropriate helping agencies
Mental Health Professionals
The
funeral service professional should be extremely sensitive to the tragedy the
survivors are experiencing.This may be compounded if the death was caused by
a caregiver.To fully assist survivors,the funeral service provider should develop
resources for referral within the local mental health community.
Victim-Witness Program
When
a death occurs as a result of a criminal act,the Crime Victims Compensation
Program will provide up to $3500 to assist with the funeral expenses.The program
may be contacted by calling 1-800-826-6200.
Referral
of funeral service practitioner to mental health professionals
During his or her career,the funeral service professional is exposed to
all manner of injury and circumstances of death. The death of a child, regardless
of circumstances,has an emotional impact on most funeral service professionals.There
may be times, especially with a death due to maltreatment, that a funeral
practitioner experiences greater impact. The funeral services professional should
be aware of symptoms of posttraumatic stress or other emotional distress. Colleagues
and management can also be helpful to monitor any personality changes that may
be related to the child abuse and emotional investment made to assist the family.Management
should require the employee to obtain the proper treatment.
Media relations
The funeral home should develop a written policy for media relations.Management
should decide on a spokesperson for the funeral home.All employees should be
aware of the written policy and to whom any media inquiries are to be directed.
Confidential-ity standards as described above should be followed. No information
on the cause of death should ever be released, especially in cases of child
death due to maltreatment.The ideal answer to media or any other inquiries is
a firm no comment.
Cultural,ethnic,and/or religious concerns
The funeral service provider must have knowledge of and sensitivity to varying
cultural,ethnic and religious customs and practices.The mortuary college curriculum
offers a brief study; however, the funeral provider should follow through with
continuing education to expand his or her knowledge. While these customs may
have an effect on several issues with regard to reporting a death due to maltreatment,they
should never prohibit reporting as required by North Carolina general statute.Sug-
gested readings are included in the references.
References
Futrell E.Funeral Service Licensee,Goldsboro (NC).Personal Communication,1999
Oct 13. Irish D,Lundquist KF,Nelson VS.Ethnic variations in dying, death and
grief:diversity in universality .Bristol (PA):Hemisphere Publishing,Taylor &Francis
Group,1993. NC General Statutes § 130A,,13A,The Practice of Funeral Service,
and NC Administrative Code,21,Chapter 34. Strub CG,Frederick LG.The principles
and practice of embalming . 5th ed.Dallas (TX):Professional Training Schools
and Robertine Frederick,1989.[Available from Robertine Frederick,4722 Bronze
Way,Dallas,TX 75236 ]