Human remains: disposition.

Removed the requirement that the person with right of control must be a parent of the deceased for the 'best interests' override to apply. Previously, only a parent could be overridden based on a court determination or legally determinative document showing it would be contrary to the decedent's best interests. Now any person in the priority chain can be overridden under that standard.

Narrowed the immunity provision for funeral directors and cemetery authorities. Previously, they were protected from civil/criminal liability and license discipline for any determination made under subdivision (b), which included both the murder-charge provision (paragraph 1) and the restraining order/best interests provision (paragraph 2). The amendment limits that protection to determinations made pursuant to paragraph (2) only.

Removed the phrase 'granting disposition rights' from subsection (b)(2)(B), which governed when a parent's disposition rights are stripped based on evidence contrary to the decedent's best interests. The old language read 'is a parent of the deceased and granting disposition rights either of the following evidences...' The new language reads 'is a parent of the deceased and either of the following evidences...' This is a grammatical clarification; the policy effect (a parent loses rights if a court order or legally determinative document shows it would be contrary to the decedent's best interests) is unchanged.

Amendment date updated from June 9, 2026 to June 25, 2026, with the prior date retained as a secondary line. Page numbers renumbered from 97 to 96 throughout. Various spacing and alignment adjustments in headers, footers, and body text.

The restraining order condition is narrowed: it now only applies if the person was subject to a domestic violence restraining order against the deceased at the time of death. The prior version also covered restraining orders against the custodial parent of the deceased, which is removed.

A separate condition allowing disposition rights to be passed when a parent's custody or visitation rights were terminated or suspended is deleted entirely.

The 'best interests' standard for parents now requires specific evidence: either a court order, court finding, or other court determination, or a will, agreement, or other legally determinative document. The prior version allowed a broader judgment based on the decedent's best interests or the wishes of the custodial parent.

A new immunity provision is added: funeral directors and cemetery authorities are protected from civil liability, criminal liability, and license disciplinary action for determinations made under the new disposition-passing provisions.

The restraining order condition is narrowed: it now only applies if the person was subject to a domestic violence restraining order 'at the time of the decedent's death,' rather than having ever been subject to one at any point.

Condition (C) is deleted entirely. Previously, a parent could be skipped in the disposition priority if granting them rights 'would be contrary to the decedent's best interests or the wishes of the custodial parent.' This broad catch-all is removed, leaving only two grounds: an active restraining order at time of death, or terminated/suspended custody or visitation rights.

Changed 'meets any of the following conditions' to 'meets either of the following conditions' to reflect the reduction from three conditions to two.

Removed reference to Section 7155.5 in subdivision (d), leaving only the reference to Section 7150.15 for body gift liability.

Corrected 'no a person' to 'a person' and 'shall not have' to 'shall have' in the murder charge provision, and changed 'service member' to 'servicemember' (one word) in subdivision (h).