Indiana § 20-33-2-26 - Enforcement of chapter

§ 20-33-2-26. Enforcement of chapter

Sec. 26. (a) It is the duty of each:

(1) superintendent;

(2) attendance officer;

(3) state attendance official;

(4) security police officer appointed under IC 36-8-3-7; and

(5) school corporation police officer appointed under IC 20-26-16;

to enforce this chapter in their respective jurisdictions and to execute the affidavits authorized under this section. The duty is several, and the failure of one (1) or more to act does not excuse another official from the obligation to enforce this chapter. The duty includes reporting to the prosecuting attorney that a child is a habitual truant.

(b) An affidavit:

(1) against a parent for a violation of this chapter; and

(2) concerning a child being a habitual truant;

shall be prepared and filed in the same manner and under the procedure prescribed for filing affidavits for the prosecution of public offenses.

(c) Before a prosecuting attorney files an affidavit described in subsection (b), the prosecuting attorney may do the following:

(1) Conduct a meeting with the child, the child's parent, school officials, and any relevant service providers.

(2) In preparation for a meeting described in subdivision (1), collaborate with the involved parties to develop an intervention plan to address the child's truancy. The plan may include referrals to support services, counseling, academic assistance, or other resources intended to reduce the likelihood of further truancy.

(3) Make reasonable efforts to secure appropriate support services, including:

(A) mental health services;

(B) family counseling; or

(C) educational support;

for the child and the child's family, as applicable, for the purpose of addressing the root causes of the truancy.

(d) Upon completion of the development of an intervention plan and meeting under subsection (c)(1) and (c)(2), the prosecuting attorney shall provide written notice to the child's parent summarizing the following:

(1) Outcome of the meeting.

(2) Services or other resources offered.

(3) Conditions for avoiding prosecution, if applicable.

(e) An affidavit under this section shall be filed in a court with jurisdiction in the county in which the affected child resides.

(f) The prosecuting attorney shall notify each parent of a child regarding an affidavit described in subsection (b) when the affidavit is filed under this section.

(g) The prosecuting attorney shall file and prosecute actions under this section as in other criminal cases.

(h) The court shall promptly hear cases brought under this section.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-32.]

As added by P.L.1-2005, SEC.17. Amended by P.L.34-2008, SEC.2; P.L.125-2024, SEC.2; P.L.208-2025, SEC.8.