14-6-240. Fingerprinting or photographing of child; disclosure of child's records.
(a) No child shall be fingerprinted or photographed by a law enforcement agency or peace officer unless:
(i) The child has been arrested for a felony;
(ii) A petition has been filed in juvenile court alleging the child with having committed a delinquent act which would constitute a felony;
(iii) Latent fingerprints are found during the investigation of a criminal offense and a peace officer obtains consent of the parent, guardian or custodian of the juvenile, or obtains a court order based upon probable cause to believe the fingerprints are those of the child; or
(iv) The child has been adjudicated to have committed a delinquent act which would constitute a felony if committed by an adult.
(b) Fingerprints and photographs of a child adjudicated to have committed a delinquent act which would be a felony if committed by an adult may be retained in a local law enforcement agency file and in the Wyoming division of criminal investigation files in accordance with W.S. 7-19-501 through 7-19-505. If the matter does not result in an adjudication that the child was a delinquent for having committed an act constituting a felony, the enforcement agency which obtained the fingerprints or photographs pursuant to paragraph (a)(iii) of this section shall destroy those records and shall report the destruction of the records to the court. Further, the court shall order all records pertaining to the matter in the files of law enforcement agencies destroyed or expunged.
Note: Effective 7/1/2024 this subsection will read as:
(b) Fingerprints and photographs of a child adjudicated to have committed a delinquent act which would be a felony if committed by an adult may be retained in a local law enforcement agency file and in the Wyoming division of criminal investigation files in accordance with W.S. 14-6-601 through 14-6-606. If the matter does not result in an adjudication that the child was a delinquent for having committed an act constituting a felony, the enforcement agency which obtained the fingerprints or photographs pursuant to paragraph (a)(iii) of this section shall destroy those records and shall report the destruction of the records to the court. Further, the court shall order all records pertaining to the matter in the files of law enforcement agencies destroyed or expunged.
(c) Repealed by Laws 1979, ch. 18, § 2.
(d) Law enforcement records of a child against whom a petition is filed under this act shall be kept separate from records and files of adults and shall not be open to public inspection nor disclosed to the news media without the written consent of the court or except as provided in W.S. 14-6-203(g).
(e) The court or the prosecuting attorney may release the name of the minor, the legal records or disposition in any delinquency proceeding filed in juvenile court to the minor's victim or victims and the members of the immediate family of any victim. The victim of a delinquent act constituting a felony shall be provided additional information regarding the delinquency proceeding in accordance with W.S. 14-6-501 through 14-6-509. Except as otherwise allowed under W.S. 14-6-203(g)(i) through (v), legal records released by the court under this subsection shall not include predisposition studies and reports, social summaries, medical or psychological reports, educational records or transcripts of dispositional hearings.
(f) Upon a finding that a release of information will serve to protect the public health or safety or that due to the nature or severity of the offense in question the release of information will serve to deter the minor or others similarly situated from committing similar offenses, the court may release the name of the minor, the legal records or disposition in any delinquency proceeding filed in juvenile court to the media or other members of the public having a legitimate interest. Except as otherwise allowed under W.S. 14-6-203, legal records released by the court under this subsection shall not include predisposition studies and reports, social summaries, medical or psychological reports, educational records or transcripts of dispositional hearings.
(g) Repealed By Laws 2004, ch. 127, § 3.
Structure Wyoming Statutes
Article 2 - Juvenile Justice Act
Section 14-6-201 - Definitions; Short Title; Statement of Purpose and Interpretation.
Section 14-6-203 - Jurisdiction; Confidentiality of Records.
Section 14-6-204 - Venue; Change of Venue or Judge.
Section 14-6-205 - Taking of Child Into Custody; When Permitted.
Section 14-6-210 - Hearing Conducted by Commissioner; Authority and Duty; Review by Court.
Section 14-6-212 - Commencement of Proceedings; Contents of Petition.
Section 14-6-214 - Service of Process; Order of Custody or Detention.
Section 14-6-216 - Appointment of Guardian Ad Litem.
Section 14-6-217 - Subpoenas for Witnesses and Evidence.
Section 14-6-220 - Emergency Medical, Surgical or Dental Examination or Treatment.
Section 14-6-221 - Reports of Medical or Mental Examinations; Use of Results; Copies.
Section 14-6-225 - Burden of Proof Required; Verdict of Jury; Effect Thereof.
Section 14-6-227 - Predisposition Studies and Reports.
Section 14-6-230 - Orders of Protection; Requirements.
Section 14-6-233 - Appeal; Right Generally; Transcript Provided; Cost Thereof.
Section 14-6-235 - Fees, Costs and Expenses.
Section 14-6-236 - Ordering Payment for Support and Treatment of Child; How Paid; Enforcement.
Section 14-6-238 - Proceedings Deemed in Equity; Effect of Orders and Decrees.
Section 14-6-239 - Records and Reports Confidential; Inspection.
Section 14-6-240 - Fingerprinting or Photographing of Child; Disclosure of Child's Records.
Section 14-6-241 - Expungement of Records in Juvenile, Circuit and Municipal Courts.
Section 14-6-242 - Liability for Contempt; Penalties.
Section 14-6-243 - Separate Docket for Juvenile Cases; Availability of Records for Statistics.
Section 14-6-244 - Parental Liability for Failure to Exercise Reasonable Control and Authority.
Section 14-6-245 - Progressive Sanction Guidelines.
Section 14-6-246 - Sanction Levels.
Section 14-6-247 - Sanctions Common to All Levels.
Section 14-6-248 - Sanction Level One.
Section 14-6-249 - Sanction Level Two.
Section 14-6-250 - Sanction Level Three.