1. (a) Each school attendance officer, sheriff, marshal, and police officer in Indiana may take into custody any child who:

   1. (1) is required to attend school under this chapter; and

   2. (2) is found during school hours, unless accompanied:

      1. (A) by a parent; or

      2. (B) with the consent of a parent, by a relative by blood or marriage who is at least eighteen (18) years of age;

         in a public place, in a public or private conveyance, or in a place of business open to the public.

2. (b) When an officer takes a child into custody under this section, the officer shall immediately deliver the child to the principal of the public or nonpublic school in which the child is enrolled. If a child is not enrolled in any school, then the officer shall deliver the child into the custody of the principal of the public school in the attendance area in which the child resides. If a child is taken to the appropriate school and the principal is unavailable, the acting chief administrative officer of the school shall take custody of the child.

3. (c) The powers conferred under this section may be exercised without warrant and without subsequent legal proceedings.

   [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-29.]

As added by P.L.1-2005, SEC.17.