IC 31-39-5
    Chapter 5. Fingerprints or Photographs of Child

IC 31-39-5-1
Taking and filing
    Sec. 1. (a) A law enforcement agency may take and file thefingerprints or photographs of a child if:
        (1) the child is taken into custody for an act that would be afelony if committed by an adult; and
        (2) the child was at least fourteen (14) years of age when the actwas allegedly committed.
    (b) A juvenile court may, by general order, limit fingerprintingand photographing of children to situations in which children arecharged with specified offenses.
As added by P.L.1-1997, SEC.22.

IC 31-39-5-2
Separation from adult files; confidentiality
    Sec. 2. Fingerprint and photograph files of children shall beseparated from those of adults. The files are subject to theconfidentiality provisions of IC 31-39-3.
As added by P.L.1-1997, SEC.22.

IC 31-39-5-3
Fingerprinting and comparison
    Sec. 3. If:
        (1) latent fingerprints are found during the investigation of anoffense; and
        (2) a law enforcement officer has probable cause to believe thatthe latent fingerprints belong to a certain child;
the officer may fingerprint that child and compare the child'sfingerprints with the latent fingerprints.
As added by P.L.1-1997, SEC.22.

IC 31-39-5-4
Destruction
    Sec. 4. (a) Upon written request of the child or the child's parent,guardian, or custodian, a law enforcement agency shall destroy ordeliver to the child any of the child's fingerprints or photographstaken under section 1 of this chapter that are within that agency'spossession if:
        (1) the child was taken into custody and no petition was filedagainst the child;
        (2) the petition was dismissed because of mistaken identity;
        (3) the petition was dismissed because no delinquent act wasactually committed; or
        (4) the petition was dismissed for lack of probable cause.
    (b) If the child has a record of prior arrests or if another charge ispending against the child, the law enforcement agency does not haveto destroy the child's fingerprints or photographs.As added by P.L.1-1997, SEC.22.

IC 31-39-5-5
Notice of rights
    Sec. 5. At the time a law enforcement agency takes a child'sfingerprints or photographs, the law enforcement agency shall givewritten notice to the child and the child's parent, guardian, orcustodian of the child's rights under section 4 of this chapter. Theagency shall comply with any request for destruction or surrender ofthe records not later than sixty (60) days of the request.
As added by P.L.1-1997, SEC.22.

IC 31-39-5-6
Destruction of copies forwarded to other agencies
    Sec. 6. Any law enforcement agency that has forwarded copies offingerprints or photographs that the law enforcement agency mustdestroy under section 4 of this chapter to any agency of the UnitedStates, of any other state, or of this state, shall request in writing thatall copies be returned for destruction or for presentation to the child.
As added by P.L.1-1997, SEC.22.

IC 31-39-5-7
Expungement of record
    Sec. 7. Whenever fingerprints or photographs are expunged fromthe files of a law enforcement agency under section 4 of this chapter,the law enforcement agency may retain no other information on theincident. However, this section does not require the alteration of anylaw enforcement record, such as a blotter entry made at the time ofarrest, or of any record in the juvenile court.
As added by P.L.1-1997, SEC.22.