§ 726.23

726.23 Fingerprinting of children prohibited — exception — conditions. 1. Except as provided in subsection 2, a governmental unit shall not fingerprint a child.2. A governmental unit may fingerprint a child if one or more of the following conditions apply: a. (1) A parent or guardian has given written authorization for the taking of the fingerprints for use in the future in case the child becomes a runaway or a missingchild. Only one set of prints shall be taken and the completed fingerprint cards and written authorizations shall be given to the parent or guardian. The fingerprints, writtenauthorizations for fingerprinting, or notice of the fingerprints’ existence shall not berecorded, stored, or kept in any manner by a law enforcement agency, except as providedin this subchapter or except at the request of the parent or guardian if the child becomes arunaway or a missing child. When the child is located or the case is otherwise disposed of,the fingerprint cards shall be returned to the parents or guardian. (2) Nothing in this paragraph 'a' shall be construed to prohibit a governmental unit from taking the fingerprints of a child at the Iowa state fair or a county or district fair

e parents or guardian. (2) Nothing in this paragraph 'a' shall be construed to prohibit a governmental unit from taking the fingerprints of a child at the Iowa state fair or a county or district fair as definedin section 174.1 as long as the governmental unit complies with the requirements of thisparagraph 'a'. b. Fingerprints are required to be taken pursuant to section 232.148, 690.2, or 690.4.c. Fingerprints are required by court order.d. Fingerprints are voluntarily given with the written permission of the child and parent or guardian, upon request of a law enforcement officer, to aid in a specific criminalinvestigation. Only one set of prints shall be taken and, upon completion of the investigation,the law enforcement agency shall return the fingerprint cards to the parent or guardian ofthe child. e. Fingerprints are voluntarily given with the written permission of the child and parent or guardian for the purpose of allowing the child to work as an employee or substitute at achild care center as defined in section 237A.1. 2005 Acts, ch 132, §3; 2008 Acts, ch 1038, §1; 2022 Acts, ch 1135, §1 Sat Dec 23 12:32:41 2023 Iowa Code 2024, Section 726.23 (16, 0)