Section 4170.400  Disposition of Human Remains, Grave Markers and Grave Artifacts

a)         All grave contents shall be turned over to the Department within 30 days of the acceptance of the report of investigation by the Department.

b)         Items Identified by Kin.  If kin can be identified, the identified kin shall have the authority concerning the ultimate disposition of the human remains, grave markers, or grave artifacts in the possession of the Department.

c)         Items Identified of a Related Group.  If human remains, grave markers, or grave artifacts in the possession of the Department are identified as being part of a related group, the Department shall consult with the identified related groups.  The disposition of the human remains, grave markers, or grave artifacts shall be in accordance with the desires of such related groups.

d)         No Kin or Related Group Identified.  Whenever the Department is unable to identify kin or a related group, or the kin or related group identified fails to make a recommendation regarding the disposition of human remains, grave markers, or grave artifacts, the Department shall treat the human remains, grave markers, and grave artifacts in accordance with its curation and recordation policies regarding human remains, unregistered graves, grave artifacts, and grave markers.

e)         Other Disposition.  Persons or groups may submit to the Department adequate historical documentation demonstrating their relationship to specific human remains, grave markers, or grave artifacts.  The Department will review these documents, and after a determination by the Department that relationship exists, the Department will work towards repatriation of those items to affiliated kin or related groups.

(Source:  Amended at 48 Ill. Reg. 2189, effective January 25, 2024)