Unless plaintiff can actually show that the government is using the sample for some ulterior purpose, there is no justiciable controversy. Boling, 101 F.3d at 1341 (citing In re Welfare of Z.P.B., 474 N.W.2d 651, 653-54 (Minn.Ct.App. 1991). D. Class Certification
Unless plaintiff can actually show that the government is using the sample for some ulterior purpose, there is no justiciable controversy.Boling, 101 F.3d at 1341 (citing In re Welfare of Z.P.B., 474 N.W.2d 651, 653-54 (Minn.Ct.App. 1991)). D. Class Certification
Previously, the court of appeals addressed the interaction of the general policy of juvenile confidentiality and Minn.Stat. § 609.3461 (1990) (renumbered in 1999 as section 609.117), which required a juvenile to provide a biological specimen when the juvenile was adjudicated delinquent of certain enumerated offenses. In re the Welfare of Z.P.B., 474 N.W.2d 651, 654 (Minn.App.1991). The court of appeals concluded that confidentiality protections are statutory, and therefore may be modified by the Legislature.
But we have addressed a due-process challenge to an earlier version of the statute involving the distinction between DNA collection from juveniles and DNA collection from adults. In re Welfare of Z.P.B., 474 N.W.2d 651, 654 (Minn.App. 1991) (holding that DNA collection from a juvenile under Minn. Stat. § 609.3461 (1990), which was renumbered as Minn. Stat. § 609.117, did not violate appellant's constitutional right to due process). The analysis applied there is instructive.