When 56 bodies in different stages of decomposition were found in a Chicago, IL, funeral home recently, the first question inevitably was about how something like this could happen.
Examining the regulatory, investigative and legislative environment surrounding funeral homes and crematories could not only provide some answers but also a path forward to a better, safer future, according to New Jersey State Funeral Directors Association Executive Director and CEO George R. Kelder Jr., CFSP.
Key Takeaways
- Funeral scandals can expose weaknesses in regulatory authority, funding and oversight
- Regulators need adequate resources, staffing and legal authority to investigate and prevent misconduct
- Chicago’s tragedy should prompt lawmakers to strengthen funeral industry oversight before another crisis occurs
“Before we point fingers at one person or one facility, we need to ask whether the regulatory system itself had the authority, resources and oversight necessary to prevent this,” Kelder said.
Cook County investigators removed the remains from South Chicago Chapel, and the state Department of Financial and Professional Regulation has suspended the funeral director’s license of Johanna Morgan, according to a CBS article.
The bodies were found in an unrefrigerated area infested with rodents and maggots. Clark Morgan, the husband of Johanna Morgan, was listed as the president of the funeral home. Clark Morgan was also listed as the owner of the now shuttered Heights Crematory, where investigators previously found bodies stored in a trailer.
The multiple disturbing events involving the same owners should have set off alarms, Kelder said, but without proper authority to act, a regulatory body could be handcuffed. In Illinois, according to the CBS articles, crematories fall under the purview of the Illinois Comptroller’s office.
These kinds of loopholes can be exploited by nefarious actors.
“You can have a very good regulatory board, but if the legislature hasn't given that board the authority to act, the board can't simply create that authority for itself,” Kelder said.
Kelder’s point about legislative authorization and regulatory oversight was dramatically illustrated in Colorado, where a nearly nonexistent regulatory environment allowed multiple catastrophes in the funeral industry, including one case where nearly 200 bodies were found piled up in a mortuary. The owners are now serving long prison sentences, but the criminal charges they faced were not the result of any regulatory investigation.
Colorado has once again mandated the licensing of funeral directors and allowed for spot inspection of facilities.
The bottom line, Kelder said, is that regulatory boards need to have the infrastructure to do their jobs.
“A regulatory board without adequate resources is a regulatory board in name only,” Kelder said.
In New Jersey, the resource dilemma is acute.
Much of the money collected in licensing and registration fees by the State Board of Mortuary Science of New Jersey and the more than 50 other regulatory boards within the state Division of Consumer Affairs has been siphoned off into the state’s general fund, removing vital money needed for technology infrastructure, staffing and training.
Some complaints have languished without resolution in the Mortuary Board for nearly 10 years.
The NJSFDA and other professional organizations have lobbied for that money to remain within the Division of Consumer Affairs.
“We can have all the laws and regulations in the world, but if there aren't enough investigators and attorneys to investigate complaints and prosecute violations, those laws don't mean very much,” Kelder said.
In the Chicago incidents, there needs to be a comprehensive review of what happened and who knew about the issue. Those involved must be held accountable, Kelder said. But then there should be an examination of the regulatory structure to assess whether the staff and infrastructure exist to identify and stop illicit conduct before it becomes a crisis. Lastly, Kelder said, the legislature and administration need to build a more sustainable oversight system.
“What happened in Chicago should cause us to look beyond the individuals involved and examine whether our regulatory systems have the authority, funding and personnel to protect the public–not just when there's a crisis, but every day,” Kelder said. “We shouldn't wait for a tragedy to discover that the people responsible for protecting the public don't have the authority, money or manpower to do their jobs.”