3-6-6 Wakanyeja Not Allowed in Public Unattended During School Hours.

1. Law Enforcement officers may detain (pending on parent notification) any child, between the ages of six (6) years (on or before September 1) and eighteen (18) years of age, who fails to attend school in violation of Rosebud Sioux Tribe Truancy laws when:
   1. the Wakanyeja is out in public without parents, guardian, or custodian during scheduled school days and hours;
   2. the Wakanyeja is in a place, public or private, without the permission of the legal owner and the permission of parents, guardian, or custodian during scheduled school days and hours; or
   3. the Wakanyeja is in a vehicle without the supervision of a person over the age of eighteen (18) and without the permission of parents, guardian, or custodian during scheduled school days and hours.
2. In cases where Wakanyeja are detained, the detaining officer is required to promptly notify the parents, guardian, or custodian, and to place the Wakanyeja in the public, private, or tribal school in which the Wakanyeja is, or should be, enrolled.
3. If the law enforcement officer is unable to place the Wakanyeja in a school because the Wakanyeja is not enrolled in school and if the officer is unable to locate parent, guardian or custodian, the Wakanyeja will be held in the Juvenile Detention Center, pending location of parent, guardian or custodian, including local Wakanyeja protection services if needed.
4. If law enforcement arrests or apprehends a Wakanyeja, the officer must make a detailed report for the presenting officer or prosecutor for the Children’s Court. 
5. The presenting officer or prosecutor for the Children’s Court then must file a Truancy Petition as outlined in RSTLOC 3-5-13 or summons process under 3-4-8.

Exceptions:

1. Any emancipated Wakanyeja;
2. When the Wakanyeja is on an emergency errand approved by parent, guardian or custodian;
3. When Wakanyeja is on reasonable, legitimate and specific business or activity directed or permitted by his or her parent, guardian or custodian, or other adult person having the care, custody or supervision of the Wakanyeja;
4. When the Wakanyeja is in attendance or traveling to or from an organized school, cultural, church, Tribal, community or recreational function.