Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2020 -12
ISSUED: November 11 , 2020
Obtaining DNA Samples from Minors
The purpose of this training bulletin is to update officers on the change of collecting voluntary
DNA samples from minors who are suspect/s in a crime. In 2018, Welfa re and Institutional Code
625.4 Obtaining DNA Samples from Minors was enacted.
WIC 625.4(a) 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 righ t 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 para. (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 s wab sample, if a sample is consented to and collected
pursuant to this section.
Minors cannot be detained beyond a reasonable time to seek consent from a parent, legal
guardian or attorney to obtain a voluntary sample. A voluntary DNA reference sample may not
be used for the purpose of investigating other unsolved crimes. The DNA sample shall only be
used to investigate the original crime the minor was being investigated for unless additional use
is permitted by court order. Courts will weigh in on th e admissibility of the sample by the
officer’s conduct with his failure to comply with this section.
Law enforcement can only retain a sample for two years and if it is determined that the minor’s
DNA reference sample was not involved in the crime you ar e investigating, that sample must be
promptly expunged. This includes the DNA profile information from that voluntary DNA
reference sample from the databases or data banks into which they have been entered.
If a minor request expungement of his/her sample , the law enforcement agency shall make
reasonable efforts to promptly expunge the sample and any DNA profile information from all
DNA databases or data bank unless the voluntary DNA reference sample has implicated the
minor as a suspect in a criminal inve stigation. If expungement occurs, law enforcement shall TRAINING BULLETIN
make reasonable efforts to notify the minor when the minor’s DNA sample and DNA profile
information was removed. Section 625.4(f).
Any local law enforcement agency that is found by clear and convinc ing evidence to maintain a
pattern and practice of collecting voluntary DNA reference samples directly from the person of a
minor in violation of this section after January 1, 2019, shall be liable to each minor whose
sample was inappropriately collected i n the amount of five thousand dollars ($5,000) for each
violation, plus attorney’s fees and costs. Section WIC 625.4(h).
This law does not apply to DNA samples obtained with a valid warrant, samples collected on a
missing or abducted minor, or samples col lected from a juvenile victim or suspected perpetrator
of a sexual assault or other crime as authorized by law.
Attached is the Consent to obtain DNA from a Minor form that shall be used when collecting
voluntary samples from a minor suspected in a crime. The minor and his/her parent or legal
guardian shall be given the Request for Expungement of Voluntary DNA Swab from Minor Form
to be in compliance with WIC 625.4(a)(3). These forms can be found in RMS under References -
Forms.
Following these steps with t he new changes in law will ensure that officers are not fined
punitively in court for violation of this section and ensure a complete investigation.
** See the attached form s **
- Consent to obtain DNA from Minor
- Request for Expungement of voluntary D NA buccal swab from minor
Prepared by:
David Young, Detective