1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant: (a) Any child between the ages of 6 and 18 years; and (b) Any child who has arrived at the age of 5 years but not at the age of 6 years and is enrolled in a public school, who has been reported to the officer by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which the child is lawfully required to attend. 2. Except as otherwise provided in subsection 3: (a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the childs school of attendance. (b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child. 3. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, counseling agency means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
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