§ 20-33-2-23 — Powers of certain officers to take children into custody

Indiana § 20-33-2-23

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 33: STUDENTS: GENERAL PROVISIONS
• Ch. 2: Compulsory School Attendance

Text

(a) Each school attendance officer, sheriff,
marshal, and police officer in Indiana may take into custody any child
who:
(1) is required to attend school under this chapter; and
(2) is found during school hours, unless accompanied:
(A) by a parent; or
(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.
(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.
(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.]

Legislative History

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