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70-10-109.


70-10-109.


    A.  An attendance officer, any school administrator, or designee
of the school administrator who is employed by the school, or any
peace officer may, except for children being home schooled pursuant
to Section 10-105 of the Oklahoma Statutes, temporarily detain and
assume temporary custody of any child subject to compulsory full-time
education, during hours in which school is actually in session, who
is found away from the home of such child and who is absent from
school without lawful excuse within the school district that such
attendance officer, peace officer or school official serves, if said
school district has previously approved the temporary detention and
custody pursuant to this section.
    B.  Any person temporarily detaining and assuming temporary
custody of a child pursuant to this section shall immediately deliver
the child either to the parent, guardian, or other person having
control or custody of the child, or to the school from which the
child is absent without valid excuse, or to a nonsecure youth service
or community center servicing the school district.
    C.  The temporary custody or detention provided by this section
shall be utilized as a means of reforming and returning the truant
students to school and shall not be used as a pretext for
investigating criminal matters.  The temporary custody or detention
herein provided is a severely limited type of detention and is not
justified unless there are specific facts causing an attendance
officer or other authorized person to reasonably suspect that a
truancy violation is occurring and that the person the officer
intends to detain is a truant.



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