5.18 Voluntary DNA Collection pursuant to WIC 625.4

 

Chapter 5
Section 5.18
Subject Voluntary DNA Collection pursuant to WIC 625.4
Effective Date 12/4/2023
  1. The scope of this section is limited to the collection of voluntary DNA reference samples directly from a minor.  Involuntary collection and use of DNA is prohibited without a valid search warrant or court order or exigent circumstances.
  2. A law enforcement officer, employee of a law enforcement agency, or any agent thereof, shall not request that a voluntary DNA reference sample be collected directly from the person of a minor unless all of the following conditions are met:
    1. The minor consents in writing, after being verbally informed of the purpose and manner of the collection, the right to refuse consent, the right to sample expungement, and the right to consult with an attorney, parent, or legal guardian prior to providing consent.
    2. A specific parent or legal guardian identified by the minor, or an attorney representing the minor, is contacted, is provided the information specified in paragraph (1), is allowed to privately consult by telephone or in person with the minor, and, after that consultation, concurs with the minor’s decision to consent.
    3. Local law enforcement provides the minor with a form for requesting expungement of the voluntary DNA buccal swab sample, if a sample is consented to and collected pursuant to this section.