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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 70, § 70-10-109: Temporary detention and custody of children subject to

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Where this section sits in the code
  1. OK Code
  2. Title 70

compulsory attendance law.

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, or to a

community intervention center, as defined by Section 2-1-103 of

Title 10A of the Oklahoma Statutes.

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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